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HomeMy WebLinkAbout56973 - AGENDAS - City Commission Packets ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, APRIL 8, 2008 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE N 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 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. 7. CONSENT AGENDA 7.2 Travel Requests: Request of Ivan Pato, City Manager, to attend the NCLGS Conference in Napa, CA, from June 12-15, 2008 (Estimated cost $1,272.00, City Manager paying airfare of $500.00; remaining budget$5,242.00) AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, APRIL 8, 2008 — 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 EXTENSION 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 Bishop Howard Rolle, Dania Church of God 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 5. PROCLAMATIONS 5.1 Poppy Day—American Legion Auxiliary Unit 34 5.2 Library Appreciation Month—Friends of the Library 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." A thirty(30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the Dania Beach City Commission Agenda—April 8, 2008 Page 2 of 5 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 from March 15, 2008 City Commission Workshop Approve Minutes from March 20, 2008 Abatement Hearing Approve Minutes from March 25, 2008 City Commission Meeting 7.2 Travel Requests: Request of Jeremy Earle, CRA Director, to attend the American Planning Association Annual Conference and Training in Las Vegas, NV, from April 24, 2008 —May 2, 2008 (Estimated cost $2,455.50) Resolutions 7.3 RESOLUTION#2008-058 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CONDEMNING THE OCCURRENCE OF HATE CRIMES WITHIN OUR COMMUNITY AND URGING THE PUBLIC TO EMBRACE THE DIVERSITY AMONG DANIA BEACH RESIDENTS; SUPPORTING THE EQUAL PROTECTION OF ALL PEOPLE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-060 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PLAYGROUND EQUIPMENT FOR CHARLIE WILL THOMAS PARK IN AN AMOUNT NOT TO EXCEED $99,000.00 FROM CONTRACT CONNECTIONS INC., UNDER THE CITY OF JACKSONVILLE CONTRACT BID #SC- 0511-06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-057 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—April 8, 2008 Page 3 of 5 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION#2008-061 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE MELLGREN PLANNING GROUP, INC. TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH THE NEIGHBORHOOD MASTER PLANS FOR COLLEGE GARDENS, DANIA BEACH HEIGHTS AND SUN GARDEN ISLES, FOR AN AMOUNT NOT TO EXCEED $145,975.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS 9.1 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE#2008-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DANIA BEACH COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT (PSFE), AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE), INTERGOVERNMENTAL COORDINATION ELEMENT (ICE), AND THE CAPITAL IMPROVEMENTS ELEMENT (CIE) IN ORDER TO INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY FLORIDA STATE STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING-ADOPTION STAGE) 9.3 ORDINANCE#2008-013 AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION AMENDING THE CITY OF DANIA BEACH'S COMPREHENSIVE PLAN TO ADOPT A WATER SUPPLY Dania Beach City Commission Agenda—April 8, 2008 Page 4 of 5 PLAN BY AMENDING THE TEXT OF THE SANITARY SEWER, SOLID WASTE, POTABLE WATER, NATURAL GROUND AQUIFER RECHARGE ELEMENT (THE "INFRASTRUCTURE ELEMENT"), CONSERVATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW; PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING—TRANSMITTAL STAGE) 9.4 RESOLUTION#2008-049 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY CLANCY NANAN REPRESENTING PROPERTY OWNERS CLYDE AND VICTORIA NANAN, FROM CHAPTER 12, ARTICLE III, "HAZARD REDUCTION", SECTION 12-52, FOR PROPERTY LOCATED AT 260 NW 14TH WAY, DANIA BEACH, IN AN AREA ZONED RD-8000 RESIDENTIAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from March 25, 2008) 9.5 RESOLUTION#2008-056 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN APPROVAL OF USE (AA-17-08), SUBMITTED BY SUSAN P. MOTLEY, ESQUIRE WITH THE LAW FIRM OF RUDEN, MCCLOSKY, REPRESENTING HERITAGE-CRYSTAL CLEAN, LLC ("CRYSTAL CLEAN") AS TENANTS OF PROPERTY OWNERS MILTON J. AND PATRICIA WALLACE AND JOSHUA L. AND PATRICIA BECKER D/B/A PORT EVERGLADES COMMERCIAL TERMINAL, FOR PROPERTY LOCATED AT 950 ELLER DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION#2008-059 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "ISGETTE'S RUNWAY" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 158, PAGE 18, AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30TH AVENUE, SOUTH OF STATE ROAD 84; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—April 8, 2008 Page 5 of 5 10. COMMISSION COMMENTS 10.1 Commissioner Anton 10.2 Commissioner Bertino 10.3 Commissioner Flury 10.4 Vice-Mayor Castro 10.5 Mayor Jones 11. DISCUSSION AND POSSIBLE ACTION 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Vice-Mayor 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 12.3 Unsafe Structures Board (9 Members appointed by City Commission—3 Year Term) Registered Architect Real Estate Appraiser Citizen with experience and background in the field of Social Problems 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Thursday, April 10, 2008 —6:00 p.m. CRA Board Meeting Tuesday, April 22, 2008 — 7:00 p.m. City Commission Meeting Wednesday, May 7, 2008—6:00 p.m. CRA Board Meeting Tuesday, May 13, 2008 — 7:00 p.m. City Commission Meeting Thursday, May 15, 2008 —6:00 p.m. Abatement Hearing 14. ADJOURNMENT OFFICE OF THE MAYORv • / a »n CITY OF DANIA BEACH PROCLAMATION WHEREAS, the American Legion Auxiliary Unit 304, Dania Beach, Florida, requests that May 24, 2008 be proclaimed as Poppy Day in the City of Dania Beach, Florida; and WHEREAS, each year members of the American Legion and American Legion Auxiliaries go to local businesses for the purpose of distributing the poppies and accepting donations which are used to help disabled veterans, other veterans and their families; and WHEREAS, the red crepe-paper flower is made by hospitalized veterans under the supervision of Auxiliary members in order to provide physical and therapeutic help; and WHEREAS, the poppies are to remind all Americans of the price of war and the sacrifice of millions of lives; and WHEREAS, the City Commission of the City of Dania Beach wishes to support the American Legion Auxiliary in its effort to benefit our veterans. NOW, THEREFORE, I, Albert C. Jones, Mayor of the City of Dania Beach, Florida, do hereby proclaim May 24, 2008, as "POPPYDAY" in the City of Dania Beach, and urge the entire community to support this noble cause and to recognize the importance of supporting our veterans. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION WHEREAS, libraries are a cornerstone of Florida's educational system, providing programs for children, families, adults, and elders to enrich their understanding of the world; and WHEREAS, libraries provide residents of Florida with access to important information about health, economics, the environment, and countless other subjects, improving living conditions and allowing Floridians to live more productive and fulfilling lives; and WHEREAS, libraries support a competitive workforce with basic literacy programs, computers and other resources, helping people find, evaluate, and use information they need for their jobs, health and recreation; and WHEREAS, the expansion of electronic networks linking libraries and their resources gives library users easier access to information; NOW, THEREFORE, I, Albert C. Jones, Mayor of the City of Dania Beach, Florida, do hereby extend greetings and well wishes to all observing April 2008 as "LIBRARYAPPRECIATION MONTH" IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 8`h day of April, 2008. ATTEST: LOUISE STILSON,CMC ALBERT C. JONES CITY CLERK MAYOR MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION SATURDAY, MARCH 15, 2008 — 8:00 A.M. 1. Call to Order Mayor Jones called the Workshop to order at 8:00 a.m. 2. Roll Call Present: Mayor: Albert C. Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Others Present: Assistant City Manager: Colin Donnelly Finance Director: Patricia Varney Assistant Finance Director: Nicki Satterfield HR/Risk Management Director: Mary McDonald Parks and Recreation Director: Kristen Jones Assistant Fire Chief: Michael Cassano Public Services Director: Dominic Orlando Principal City Planner: Corinne Lajoie BSO Chief: Donn Peterson 3. Financial challenges facing the City City Manager Pato presented his opening statement: hi my FY 2008 budget message I stated the following: "if voters approve the January referendum on property tax reform, it could create what some experts have referred to as "the perfect financial storm" for many local and county governments throughout the State of Florida". I further stated "Next year's budget will be far more challenging than this one". I had no way of knowing that it would be as challenging as it is going to be. The direction you give us today and the decisions we make will redefine the City's course. The taxpayers have spoken, Proposition One is here this morning about to show us its face! The Tax & Budget Reform Commission could recommend further tax cuts and impose additional restrictions on you as elected officials when it comes to setting fees and other taxing mechanisms. The state of the economy in the State of Florida and the country is no longer a mystery, we are in a recession. Besides facing deficits in this year's budget, we are projecting an estimated shortfall in FY 2009 of approximately $2.4M. If property assessments drop, as many predict, it will be worse. We have few choices; today we will ask you to choose between bringing down expenses, raising revenues, or both. Before we can even begin our work on preparing the next proposed budget for your consideration, we need your direction and the benefit of your collective wisdom. That is what needs to happen here today. We are facing the challenge to provide a budget that will minimize reductions in our level of services, will not compromise public safety, and one that inflicts the least amount of pain on our residents and employees. However, should the recommendation of the Tax & Budget Reform Commission materialize, or further reductions occur in property tax revenues, a crippling effect may occur in one or all of these areas. Because of the great working partnership that has existed between our elected officials and this administration during the past five years, the City is financially better positioned today than it was just a few years ago to absorb some of the challenges coming our way. We look forward to your direction and a productive meeting. Patricia Varney, Director of Finance, presented a PowerPoint which is attached to and incorporated into these minutes. Vice-Mayor Castro clarified with Director Varney that the final recommendation of the Tax and Budget Reform Commission could be a combination of a voters' approval and a State Statute. Discussion followed among the Commission regarding the possible spending limitation increase based on change/increase in population. They thought it would be a good idea to bring it to the attention of the Legislature letting them know that the City would oppose the proposed formula. Director Varney noted the shortfall projected for FY 2009 would be approximately $2.4M. She pointed out that this amount does not include other expenses which have not yet been calculated, such as increase in property and liability insurance, pension costs, and any increase in maintenance costs. Director Varney clarified for Vice-Mayor Castro that the sum of$1M will still be available in 2009 for neighborhood improvements. She advised that some of the options to be discussed with the Commission will still be subject to Union negotiations. Commissioner Flury commented that we should not base our decisions on what we think might happen,but proceed with what we think is the right thing to do at this time. Minutes of Workshop 2 Dania Beach City Commission Saturday,March 15,2008—8:00 a.m. The Commission agreed that the Summer Program Fees should stay the way they are. The Commission requested that staff review and bring back recommendations for the percentage/amount that employees should pay toward the cost of insurance. They also requested that staff review the total costs to the City for employee benefits. Further discussion ensued among members of the Commission regarding the City's need to increase revenues. They pointed out that although no one wants to increase taxes, it may be necessary to consider the Roll-up Rate with options on the table which would lead to a sound decision. Director Varney suggested a Special Assessment for neighborhood improvements. She noted the process would take 12-18 months for implementation. If the assessment is approved, it would be best to place it on the tax bill. Vice-Mayor Castro would like to discuss Park Impact fees at the upcoming Budget Workshops. She thought we could use some of the Park Impact fees for City-wide beautification. The Commission agreed they did not want special assessments unless a specific neighborhood requested certain improvements that other neighborhoods did not receive. The Commission agreed we could explore the option for contract management of the Marina. They discussed the fact that the Marina has not been returned to the City. City Attorney Ansbro explained that he has been in touch with FAU and provided them with an appraisal of the Marina. They indicated they are not in the Marina business and would like to return it to the City. He asked them to expedite the negotiation process due to the daily deterioration of the Marina. City Attorney Ansbro stated that according to the appraisal recently conducted, the buy-out would be approximately $900,000 for the City to pay to FAU over a period of fifty years. City Manager Pato noted it is important that we recover the Marina because we will not be able to apply for grants until we can show that we own it. Commissioner Anton advised that he and City Manager Pato met with Frank Brogan, President of FAU and all they wanted to negotiate with the City was a $20,000 scholarship fund that the Marina had applied to FAU. Mayor Jones requested that a letter be sent to FAU indicating that the attorneys have been dragging their feet in finalizing the negotiation. Commissioner Bertino pointed out that the City owns the Marina, and FAU owns the leasehold. Minutes of Workshop 3 Dania Beach City Commission Saturday,March 15,2008—8:00 a.m. The Commission agreed to consider the following Revenue increases: ➢ Business License Tax Increase ➢ Family Health Insurance Contribution by Employees ➢ Parking Permit Fees ➢ Roll-up Rate ➢ Contract Management of the Marina Commissioner Castro noted there are other items in the budget she would consider reducing or eliminating in the 2009 budget which are not on the list. The Commission agreed that the following items would not be funded unless they decide we still need these services: ➢ CRA Attorney ➢ Lobbyist in Tallahassee ➢ Insurance Consultant ➢ ADA Consultant ➢ Grant Writer Commissioner Flury thought we needed to look at the Code Attorney fees and decide if we need to spend $200,000 for these services. She pointed out that if the Chief Code Officer attends the Special Magistrate meetings, there is no need for the Code Attorney to be present. Vice-Mayor Castro noted we needed to look at this item in detail during the Budget Workshop. The Commission agreed we need to explore outside attorney contractual services. Commissioner Bertino suggested adjusting work hours of Parks Department personnel so the parks are open when children are out of school. The Commission noted the following items would be open for future consideration: ➢ Reduce pool operation hours ➢ Reduce Beach coverage/hours ➢ Janitorial service 3 X a week ➢ Eliminate landscape contingency ➢ Eliminate positions ➢ Reduce Economic Development Fund ➢ Reduce Study by City Manager ➢ Reduce Contingency ➢ Reduce funding for future CIP's Vice-Mayor Castro commented on the item relating to the elimination or reduction of the expense account for Department Heads, City Manager, City Attorney, Mayor and Commission. She thought the sum of$500.00 was already included in their paychecks and should not be called an Expense Account. Vice-Mayor Castro would like to leave this item open for farther consideration. Minutes of Workshop q Dania Beach City Commission Saturday,March 15,2008—8:00 a.m. Commissioner Flury opposed reducing or eliminating the Expense Account item. She pointed out that Department Heads work very hard and we should take good care of them. She also noted that she uses her expense account to make charitable contributions. Commissioner Bertino agreed with Commissioner Flury. He thought eliminating this item would mean cutting people's salaries and that is not the right thing to do. Vice-Mayor Castro suggested the City issue checks for charitable organizations when needed because she does not want this amount as part of their salaries to be used for entertainment/charitable purposes. Mayor Jones agreed with Vice-Mayor Castro and would like to leave this item open to explore other options. Commissioner Anton would like to leave this item open for further consideration. The majority of the Commission agreed to consider eliminating the Expense Accounts for Department Heads, City Manager, City Attorney, Mayor and Commission. The Commission agreed to fund the following items in 2009: ➢ Brenda Chalifour Contractual Services ➢ Chamber of Commerce ➢ Aid to Non-profit Organizations ➢ Seniors Program ➢ July 4t° Celebration ➢ Community Bus Subsidy ➢ BSO - 1 Zone ➢ Grant Matching Funds ➢ Citywide Neighborhood Improvements ➢ 50-50 Sidewalk Program The Commission noted we should not eliminate the Cost of Living Allowance (COLA). The Commission agreed not to discuss the items that would be addressed during the upcoming Union negotiations. The Commission noted the Employee Award Program should be handled by Management. The Commission noted that the Reduction of hi-house Legal Office Expenses item should be treated as any other City Department. They agreed to leave it open for further discussion. Commissioner Flury clarified with Director Varney that the item relating to the reduction of funding for future CIP's referred to new projects, not the ones that have already been funded. Minutes of Workshop 5 Dania Beach City Commission Saturday,March 15, 2008—8:00 a.m. Vice-Mayor Castro noted we need to look at the CIP list because some projects may have been completed under-budget and it might be possible to get those funds back. She indicated we could try to reduce the Scope of Services on other projects which have not yet been executed. Vice-Mayor Castro further suggested having a Workshop to evaluate the projects that have been completed in order to determine future priorities. Mayor Jones recessed the Workshop for a five minute break at 10:05 a.m. Mayor Jones reconvened the Workshop at 10:13 a.m. 4. 109 Park/Private-Public Opportunities Vice-Mayor Castro noted that we need to know the next step now that we have purchased the 109 Park property. She suggested issuing an RFP for a parking garage and other structure which would stimulate economic growth in the downtown area and put the property back on the tax roll. Vice-Mayor Castro thought the CRA Director should be involved in the development of the property. She pointed out that the Commission should give direction as to the minimum requirements we want to see when we develop that property, such as parking and additional BSO offices. The Commission unanimously supported a private/public partnership. Additional Item Commissioner Anton noted he was approached by a person in the west area of the City who has a conflict regarding the requirement to be one foot above FEMA. He pointed out that this does not reduce flood insurance rates and asked for consensus for the City Attorney to eliminate that requirement in the Code. Dominic Orlando, Public Services Director, advised that the limits of flood elevation could change. He said that if we lower the requirement we may be doing a disservice to residents who are building their homes today. Commissioner Flury asked if we could make a one time exception in order to assist the residents with this situation. City Attorney Ansbro recommended the interested parties come to the Commission meeting and explain their problem in detail so we can find a solution. Commissioner Anton suggested we consider including the option of stem walls in our code. Vice-Mayor Castro thought staff should look at the plans in detail and bring our concerns to the contractor's attention before they move any further. Minutes of Workshop 6 Dania Beach City Commission Saturday,March 15,2008—8:00 a.m. It was the consensus of the Commission to have Director Orlando meet with City Attorney Ansbro, Corinne Lajoie, Principal City Planner, and Phil Reeves, Building Official, for their recommendation. He should then bring it back to the Commission for discussion and consideration. 5. Crafting a Legislative Agenda Vice-Mayor Castro noted we have temporarily retained the services of Carole Duncanson to represent the City in Tallahassee. She asked for consensus for the lobbyist to deal with the following items: Traffieways Reduction on US 1: Vice-Mayor Castro explained Ms. Duncanson asked for a meeting with FDOT Regional Director to be held on Thursday, March 20, to discuss their opposition. Corner of Griffin Road and I-95: Vice-Mayor Castro did not understand FDOT reluctance to let us improve the area, considering it is an entranceway to our City. Solar Lights: Vice-Mayor Castro hoped Ms. Duncanson could ask Gove rnor Cnst to make Dania Beach a pilot project in the Governor's Green Initiative Program. Flooding in the southeast section of the City: Dominic Orlando, Public Services Director advised that they met with FDOT and they agreed to give the City $500,000 for the stormwater improvements proposed for the southeast area. Commissioner Bertino would like our lobbyist to try to obtain more funds from FDOT for this project. Commissioner Anton would like our lobbyist to oppose any State funding to be used for the Fort Lauderdale-Hollywood International Airport expansion project. Commissioner Anton would like our lobbyist to support an item sponsored by Senator Geller some time ago, relating to municipalities having full control of the Land Use issues as opposed to the County. City Manager Pato confirmed for Commissioner Flury that a 60-day contract has been signed with Ms. Duncanson with the understanding that the services could be continued for the entire year for$40,000 if the Commission so desires. Commissioner Flury would like Ms. Duncanson to concentrate on issues that do not require funding and where she can use her influence. She further indicated that Ms. Duncanson has lots of clients connected with the Airport expansion so we should not expect her to act on our behalf on this matter. Minutes of Workshop 7 Dania Beach City Commission Saturday,March 15,2008—8:00 a.m. City Manager Pato noted he asked the company that prepared promotional brochures for the City in the past, to create one relating to the Solar Lighting Program. He suggested the Commission include the gaming issue on the legislative agenda. City Manager Pato pointed out this was important now that the Legislature is discussing some modifications to the pari-mutuel legislation, which could make Boyd Gaming reconsider their decision. Mayor Jones commented that he mentioned to Ms. Duncanson most of the items previously discussed. He also asked her to keep us posted regarding the issue of the proposed ocean outfall limitations. Commissioner Bertino suggested creating a "maintenance fund" with the money we are saving with the solar lighting. This fund would be used to pay for the cost of replacing the current batteries when needed. Vice-Mayor Castro asked if we could look at the Occupational License Program to facilitate obtaining necessary information. Joe Van Eton, 1500 SW 2 d Avenue, suggested the Special Exemption for Working Waterfronts as an item for the lobbyist to address. Commissioner Flury asked that staff prepare a legislative document. City Manager Pato noted that changes are being made to the Business Tax License(Occupational Licensing) Department which should be in place by April 1, 2008. 6. Adjournment Mayor Jones adjourned the Workshop at 10:55 a.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 8 Dania Beach City Commission Saturday,March 15,2008—8:00 a.m. MINUTES OF MEETING # 7 DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 20, 2008 - 6:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Albert C. Jones Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Vice-Mayor: Anne Castro Commissioner Anton motioned to excuse the absence of Vice-Mayor Castro; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3. Abatement Requests 3.1 Request for abatement for Robert R. Krilich or Donna Krilich, for lot mowing and/or debris removal for Folio #0233-39-0010, Folio #0233-09-0010, Folio #0233-48-0012, and Folio #0233-48-0020 Attorney Tim Ryan advised this case is for lot mowing and/or debris removal on 4 vacant properties, resulting in a fine of$11,963.00 as of January 25, 2008. Walter Morgan, Attorney of the law firm of Morgan, Olsen & Olsen, LLP, representing the property owner, noted this is 10 acres of property. He said the Krilichs have owned the property for many years, and operate out of Chicago. The property was under contract with OTO Development so they stopped leasing the property and cleaning the lot. When they received the notice of violation, they tried to contact somebody to clear the lot but were unable to find someone, so they decided to let the City do it. He indicated the property should have closed in December 2006, but hopefully, it will close next week. He requested a reduction to $4,092.06, Nick Lupo, Code Enforcement Manager, noted the real cost to the City is $11,000.00 involving wear and tear on machinery, personnel and administrative costs. Commissioner Bertino motioned to uphold the lien of S 11,963.00, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.2 Request for abatement for Christine Taylor Est % Jacqueline I. Kurland, Case #03- 5807, for property located at 31 NW 14`h Court (#0233-13-0130) Attorney Tim Ryan advised this case is for 6 violations: failure to remove all trash and junk from the property; failure to remove all inoperative vehicles from the property; failure to paint building which is discolored and has peeling paint; and failure to obtain permit for installation of shed. The fines ran for 576 days for a total of$40,420.00, including recording fees. The Special Magistrate recommended abatement to $8,000.00. Jason Dubow, Attorney representing the property owners, noted this is the Mann Plat. He said there had been other deaths in the family since the death of Christine Taylor, therefore notices were mailed to the representative in Michigan, and the local family members were not aware of what was going on. Once the granddaughters learned of the problems, they corrected them. He requested a reduction to reimburse the City for the actual costs incurred and for an extension of time to sell the property. He noted the properties are currently in probate and not listed for sale. The title needs to be cleared and they do not know the property value in today's market. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid within 12 months or upon settlement of probate, if not then it reverts back to the original fine; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.3 Request for abatement for Christine Taylor, Case#05-1410, for a vacant lot E of 1481 W Dania Beach Boulevard (#0233-13-0030) Attorney Tim Ryan advised this case is for one violation of failure to remove all trash, garbage, litter and miscellaneous debris and to cut/mow grass and weeds. The fines ran for 748 days for a total of$18,876.50, including recording fees. The Special Magistrate recommended abatement to $3,600.00. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid within 12 months or upon settlement of probate, if not then it reverts back to the original fine; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.4 Request for abatement for Adolfo E. Berrios & Zoja Fahmy, Case #05-0613, for property located at 43 SE 10`h Terrace(#1203-13-0360) Attorney Tim Ryan advised this case came before the Commission on July 19, 2007 and the fine was abated to $10,000.00, to be paid within 30 days. The property owner came before the Commission on September 20, 2007 and the Commission upheld the $10,000.00, with an additional 90 days to be paid. The property owner is now requesting an extension of time to pay the fine. The fine has reverted back to the original $45,000.00. Nick Lupo, Code Enforcement Manager, noted that the property owner has been in contact with him requesting time to extend the payment of$10,000.00. Anna Berrios, property owner, noted they did not have the money to pay the fine until they recently sold another piece of property. She is currently able to pay the $10,000.00. Commissioner Flury motioned to abate the lien to $10,000.00, to be paid within 10 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.5 Request for abatement for Robert R. Spiece, Jr., Case #05-1572, for property located at 105 SW Is'Court(40234-01-3621) Attorney Tim Ryan advised this case is for 5 violations: failure to cover those areas not covered by hard surface with sod; failure to submit irrigation plan, obtain permits, install irrigation system for all newly planted sod and obtain required inspections; failure to remove all trash, garbage, litter or other miscellaneous debris and to cut overgrown grass and/or weeds including the abutting rights of way on the property; and failure to pave, repair or replace all paved/parking areas on the property. The fine ran for 368 days for a total of$92,176.50, including recording fees. The Special Magistrate recommended abatement to $5,000.00. Robert Spiece noted his roof came off during Hurricane Katrina and he had to move out of his half of the duplex. He also went through a divorce and his ex-wife did not forward the mail to him. He requested the fine be eliminated because it cost him more than $18,000.00 in repairs. He no longer lives on the property, but both units are currently rented. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid within 30 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.6 Request for abatement for Lois L. Strickland, Case #06-0200, for property located at 206 NW 5`' Avenue (40234-01-0310) Attorney Tim Ryan advised this case is for 8 violations: failure to repair fence, permit required; failure to remove material covering window; failure to remove graveled surface and replace with sod; failure to clean, sanitize and maintain all areas; failure to remove trash, garbage, litter or other miscellaneous debris an to cut overgrown grass and/or weeds, trees, shrubs and hedges on the property; failure to remove junked and abandoned vehicles; failure to cease motor vehicle repair work on property; and failure to display number on front of building The fine ran for 454 days for a total of$45,568.00, including recording fees. The Special Magistrate recommended abatement to $9,000.00. This case is in foreclosure. Commissioner Anton motioned to abate the lien to $9,000.00, to be paid within 90 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.7 Request for abatement for Realassist Holding Inc., Case #06-0862, for property located at 5900 SW 25`h Avenue (#0232-25-0050) Attorney Tim Ryan advised this case is for 3 violations: a portion of the yard area exposed to public view does not have live vegetative material; the parking area does not have an approved asphalt, concrete or block surface; and litter, trash and debris on the property. The fine ran for 419 days for a total of $83,976.50, including recording fees. The Special Magistrate recommended abatement to $8,300.00. Mr. Yacob Thaller is the new property owner and noted that he had title insurance and paid $450,000 for one duplex. He said he spent a lot of money on the parking lot. Commissioner Flury motioned to abate the lien to $8,300.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.8 Request for abatement for Realassist Holding Inc., Case #06-1099, for property located at 2500 SW 58`h Manor(#0232-25-0010) Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m Attorney Tim Ryan advised this is for 4 violations: litter, trash, debris and untended vegetation on the property; litter, trash and debris on the abutting right of way of the property; bulk trash set out for pickup prior to the Friday that pickups are scheduled; and garbage carts and all other receptacles should be removed from the right of way and from the front yard no later than dusk of the day of collection. The fine ran for 383 days for a total of$38,468.00, including recording fees. The Special Magistrate recommended abatement to $3,850.00. Commissioner Anton motioned to abate the lien to $3,850.00, to be paid within 90 days; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.9 Request for abatement for Yacob Thaller, Case #06-1006, for property located at 5813 SW 24 h Avenue (40232-19-0040) Attorney Tim Ryan advised this case is for one violation of failure to obtain permits for the installation of a sprinkler system, or remove all work. The fine ran for 275 days for a total of $27,659.50, including recording fees. The Special Magistrate recommended abatement to $2,750.00. Commissioner Bertino motioned to abate the lien to $2,750.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.10 Request for abatement for Urzule & Nesly Bonny, Case #06-1443, for property located at 721 SW 3rd Place (#1203-36-0440) Attorney Tim Ryan advised this case is for 14 violations: windows in a state of disrepair; windows are not fitted with screens; the parking area is not an approved hard surface; a portion of the yard lacks live vegetative material; trash, litter and garbage on the property; trash and litter on the adjoining right of way; untended vegetation on the property; and the sidewalk abutting the property has breaks and is damaged. The fine ran for 97 days for a total of$19,558.00, including recording fees. The Special Magistrate recommended a fine of$1,940.00, plus the outstanding sidewalk lien of$1,881.09, for a total of$3,821.09 if paid by February 1, 2008. Nesly Bonny, property owner, requested a reduction due to the hardship of the economy. He said his property was vacant because of the traffic on the City street, and that he is willing to pay the cost for the 50-50 sidewalk repairs. Commissioner Bertino motioned to abate the lien to $21,439.09. The motion was withdrawn. Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. Commissioner Flury motioned to abate the lien to $1,940.00, plus the outstanding sidewalk lien of$1,881.09, to be paid within 90 days; seconded by Commissioner Anton. The motion failed on the following 2-2 Roll Call vote: Commissioner Anton No Commissioner Flury Yes Commissioner Bertino No Mayor Jones Yes Attorney Ryan clarified that the fine reverted to the original amount if not paid by February 1, 2008. Commissioner Bertino motioned to uphold the lien of $20,000.00, plus the outstanding sidewalk lien of $1,881.09, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.11 Request for abatement for Urzule & Nesly Bonny, Case 406-1444, for property located at 713 SW 3rd Place (#1203-36-0451) Attorney Tim Ryan advised this case is for 15 violations: building exterior in a state of disrepair; exterior surface deteriorated and needs painting; parking area not an approved hard surface; a portion of the yard lacks live vegetation cover; trash, litter and garbage on the property; trash and litter on the adjoining right of way; untended vegetation on the property; bulk trash put out at the incorrect time; junked and abandoned vehicles parked or stored on the property; operating a business without an Occupational License; sidewalk abutting the property has breaks and is damaged; and failure to cover parking area with an approved hard surface. The fine ran for 118 days for a total of$23,758.00, including recording fees. The Special Magistrate recommended abatement to $2,340.00, plus the outstanding sidewalk lien of$1,810.13, for a total of$4,150.13 if paid by February 1, 2008. Commissioner Bertino motioned to uphold the lien of $23,758.00, plus the outstanding sidewalk lien of $1,810.13, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Commissioner Flury No Commissioner Bertino Yes Mayor Jones Yes 3.12 Request for abatement for Cuba Land Trust, Case #06-1575, for property located at 60 SW 15`h Street(#1203-10-5770) Attorney Tim Ryan advised this case is for 11 violations: windows and exterior doors are in a state of disrepair; windows lack fully operable hardware; foundation, floors, walls, ceilings, roof, roof surfaces, windows, doors, and all other building parts to be structurally sound, weather proof, water tight, rodent proof, and kept in a state of good repair; accessory structure must be repaired, replaced or removed; exterior surface of the structure is deteriorated and must be Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. painted; all surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected, maintained free of graffiti, and be of uniform color; untended vegetation on the premises; trash and litter on the property and on the swale area; untended vegetation on the premises and the abutting right of way; and the sidewalk abutting the property is broken and in a state of disrepair. The fine ran for 320 days for a total of $64,158.00, including recording fees. The Special Magistrate recommended abatement to $6,500.00. Attorney Ryan noted we had a problem with the correct mailing address. Nick Lupo, Code Enforcement Manager, noted there is a language barrier problem, and that he was not opposed to lowering the cost. He said they acted quickly when they were notified of the violations. Staff recommended reducing the fine to $4,000.00. Commissioner Flury motioned to abate the lien to $4,000.00, to be paid within 60 days; seconded by Commissioner Anton. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino No Mayor Jones Yes 3.13 Request for abatement for Front Water Investments, LLC, Case #07-0103, for property located at 4607 SW 44`s Avenue (#0125-28-0020) Attorney Tim Ryan advised this case is for 11 violations: failure to remove balloon hanging from tree; untended vegetation on the premises; trash and litter on the property and right of way; failure to cut vegetation; failure to place updated tag on car; failure to have an Occupational License; failure to display missing numbers; exterior storage of items on the property; and the parking area is not an approved hard surface. The fine ran for 252 days for a total of$37,924.00, including recording fees. The Special Magistrate recommended abatement to $7,500.00. Bill Rish, property owner, agreed with the recommendation, but asked for consideration. He noted they evicted all the tenants that were violators when they purchased the property. He said they are losing$30,000.00 per month on rent on the property. Commissioner Flury motioned to abate the lien to $5,000.00, to be paid tomorrow; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes Minutes of Abatement Hearing 7 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m 4. Adiournment Mayor Jones adjourned the meeting at 7:15 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR—COMMISSIONER Minutes of Abatement Hearing 8 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. MINUTES OF REGULAR MEETING / DANIA BEACH CITY COMMISSION TUESDAY, MARCH 25, 2008 — 7:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Juan Cuevas, Maranatha Ministries, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Comprehensive Annual Financial Report for FY 2006-2007 — Keefe, McCullough & Co., LLP Cindy Calvert, CPA, Keefe, McCullough & Co., presented an overview of their FY 2007 Comprehensive Annual Report. She indicated that professional standards require that they provide the Commission with certain information related to the audit, in addition to the report that has been issued. Ms. Calvert stated that during their audit, they became aware of certain matters that represent opportunities for the City to strengthen its internal controls and operating efficiencies. She further commented that they found staff to be very helpful and cooperative during the audit process. Patricia Varney, Director of Finance, presented a PowerPoint which is attached to and incorporated into these minutes. Ms. Calvert discussed the 19 criteria used to determine the City's financial condition. This information is included in the PowerPoint presentation. She indicated that the City's overall rating is inconclusive. Ms. Calvert pointed out that during the audit process they found some internal control matters which are not considered significant and could be corrected. These are: • Business License Tax Department: They recommended that the files be stored in a proper location in alphabetical order; and that a review process be put in place in order to eliminate the errors being made on the fees charged. • General Employee Pension Plan: They recommended that an employee with management responsibility review the data before it is given to the actuary. Ms. Calvert presented a Guide to Governmental Statements to the Commission to help them in understanding the report. Director Varney noted the Hurricane Fund increased due to insurance reimbursements. She confirmed the funds could be transferred by the Commission for other uses if they so desire. Commissioner Flury was pleased with the overall report and that the auditors are reviewing the City's operational procedures. Commissioner Bertino noted that the trends and benchmarks shown on the report were very positive. Mayor Jones noted that we are moving forward towards searching for more grant opportunities for our City. The Commission thanked Director Varney and her staff for the preparation of the annual report. Commissioner Anton motioned to accept the Comprehensive Annual Financial Report for FY 2006-2007; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 4.2 Special Event Request for the La Mesa RV Show to be held at Bass Pro Shops, 200 Gulf Stream Way, on April 10-13, 2008 and May 19-22, 2008 Commissioner Bertino motioned to approve the Special Event request for the La Mesa RV Shows; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. Commissioner Flury Yes 4.3 Special Event Request for the Dania Beach Fire Department Car Wash to benefit Relay for Life, to be held at 100 N Beach Road on Saturday, April 12, 2008 from 8:00 a.m. —3:00 p.m. Commissioner Bertino motioned to approve the Special Event request for the Dania Beach Fire Department Car Wash; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 5. Proclamations 5.1 Water Conservation Month—Carole S. Morris, SFWMD Mayor Jones presented a proclamation declaring April 2008 as Water Conservation Month to Carole Morris of the South Florida Water Management District. Ms. Morris thanked the Commission for the proclamation and reminded the community that we are still under water restrictions. Mayor Jones introduced Jeremy Earle, Redevelopment Director, to the community. Jeremy Earle thanked City staff for their warm welcome and smooth transition. He is hopeful for a positive change within the CRA district. 6. Citizen Comments William Adamson, 1121 S. Federal Highway, commented on the movie that was filmed in Dania Beach. He noted a bus bench and sign were moved and a light had been turned off. Mr. Adamson questioned when the bus bench would be returned to its original location. City Manager Pato noted he would look into the matter. George Jason, 4549 SW 37`" Avenue, commented on the Fire Station's Open House on Saturday, March 29. He noted the CERT Team would be helping with the tours and looking for new members to join this important program. Lois Quatrini, 3037 Lakeshore Drive, and Bill Glock, 3100 SW 58`" Place, Estates of Ft. Lauderdale, thanked the City for intervening on their behalf with a proposed development in the Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m City of Hollywood that would directly affect their community. They both asked for continued support because the matter is not yet resolved. Fay Bartelmes, 214 SW 2"d Terrace, honored Naomi Cartwright, who was one of the City's oldest residents. Ms. Cartwright, who was 94 years old, passed away last week. 7. Consent Agenda 7.1 Minutes Approve minutes from the March 6, 2008 City Commission Workshop Approve minutes from the March 11, 2008 City Commission Meeting 7.2 Travel Requests: Request of Daniel Stubbs to attend the Florida Water and Pollution Control Operators Class B Certification Class to be held in Plant City, Florida, from March 24-28, 2008, for certification purposes (Estimated cost $1,042, remaining budget $458) Resolutions 7.3 RESOLUTION#2008-053 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, d/b/a AIA EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION 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 MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $40,000; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH DEANNA ENTERPRISES WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-054 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL PROPERTY INSURANCE FROM PUBLIC RISK INSURANCE AGENCY EXPANDING COVERAGE TO INCLUDE FIRE STATION 93; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-052 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO A JOINT PARTICIPATION AGREEMENT EXISTING BETWEEN THE CITY AND BROWARD COUNTY PERTAINING TO USE BY CITY RESIDENTS OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATIONS FOR PRE-HURRICANE RESIDENTIAL YARD WASTE DISPOSAL; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. 7.6 RESOLUTION#2008-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST ADDENDUM TO THE LAW ENFORCEMENT SERVICE AGREEMENT EXISTING BETWEEN THE CITY AND THE SHERIFF OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2008-051 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND ALVAREZ LANDSCAPING GROUP,INC. SUCH AMENDMENT TO PROVIDE FOR A $5,000.00 CASH PERFORMANCE BOND; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-055 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO CAPRI INDUSTRIES, INC. FOR SOLAR STREET LIGHTING; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $346,500.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt the Consent Agenda; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE#2008-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PLAT KNOWN AS THE "DANIA COLORED CEMETERY PLAT'; RE-NAMING THE PLAT, TO BE KNOWN AS THE "DANIA BEACH WESTLAWN CEMETERY PLAT"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2008-012. Mayor Jones 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 5 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m Commissioner Flury motioned to adopt Ordinance#2008-012, on second reading; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.2 ORDINANCE 92008-009 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING SECTION 84 (ENTITLED "SITE PLAN AS CONDITION TO BUILDING PERMIT") OF THE CITY CODE OF ORDINANCES TO ADD CONDITIONS APPLICABLE TO THE EXPIRATION OF SITE PLAN APPROVALS AND TO CHANGE THE SPATIAL REQUIREMENTS FOR BUILDING ADDITIONS WHICH ARE EXEMPT FROM SITE PLAN REVIEW;AMENDING SECTIONS 10.12 ("SPECIAL EXCEPTIONS"), 10.13 ("VARIANCES")AND 10.30("APPEALS") OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES TO ADD CONDITIONS APPLICABLE TO THE EXPIRATION OF SPECIAL EXCEPTIONS, VARIANCES AND APPEALS; CREATING ARTICLE IV-B OF CHAPTER 33, KNOWN AS THE "ZONING APPENDIX" OF THE CODE OF ORDINANCES, TO GRANT AUTHORITY TO THE PLANNING AND ZONING BOARD TO APPROVE VARIANCES PERTAINING TO SINGLE-FAMILY HOMES (EXCLUDING MARINE-RELATED STRUCTURES) AND TO APPROVE BUILDING ADDITIONS SUBJECT TO CERTAIN RESTRICTIONS, AND PROVIDING FOR EXPIRATION OF APPROVALS OF VARIANCES, SPECIAL EXCEPTIONS, APPEALS AND SITE PLANS, AS WELL AS EXTENSIONS OF THE FOREGOING SUBJECT TO CERTAIN LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2008-009. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino suggested we may want to expand the allowed uses in the IROM District which would eventually benefit the City. Commissioner Anton motioned to adopt Ordinance #2008-009, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.3 ORDINANCE#2008-010 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; REPEALING ARTICLE 29 (ENTITLED "PERVIOUS AND IMPERVIOUS AREAS") OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE 3 TO BE ENTITLED "IMPERVIOUS LAND AREA REQUIREMENTS" TO BE PLACED IN CHAPTER 33, THE"ZONING APPENDIX" OF THE CITY CODE OF ORDINANCES, TO PRESCRIBE NEW REGULATIONS GOVERNING PERVIOUS AND IMPERVIOUS AREAS OF LAND WITH THE CITY; Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. ESTABLISHING CERTAIN PERCENTAGES OF AREAS OF LAND REQUIRED TO BE PERVIOUS, BASED UPON ZONING DISTRICTS AND PROVIDING FOR WAIVER OF SUCH REQUIREMENTS UNDER LIMITED CIRCUMSTANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2008-010. Mayor Jones opened the Public Hearing. Patricia Tyra, 2912 SW 54`h Street, Estates of Fort Lauderdale, questioned if there would be a charge for the waiver to reduce the pervious area for mobile homes. City Attorney Ansbro noted there is a charge for the waiver request for any new homes. Corinne Lajoie, Principal City Planner, clarified for the Commission that mobile home parks are not exempt from paying for the request. She further noted that during hurricanes we have allowed the replacement of previous conditions as long as there is proof that the mobile home was there prior to the disaster. City Attorney Ansbro noted we would include this exception in the re-write of the Zoning Code. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Anton motioned to adopt Ordinance #2008-010, on second reading, with the condition to have the Mellgren Group include this provision in the Code re-write; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.4 ORDINANCE #2008-011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; REPEALING SECTION 10-15 (ENTITLED "ADMINISTRATIVE VARIANCE PROCEDURES") OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IV-A TO BE ENTITLED "ADMINISTRATIVE VARIANCE PROCEDURES"TO BE PLACED IN CHAPTER 33, THE "ZONING APPENDIX" OF THE CITY CODE OF ORDINANCES, TO PRESCRIBE REVISED CONDITIONS GOVERNING SUCH VARIANCES WHICH ARE GRANTED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHOUT REVIEW BY THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION, SUBJECT TO CERTAIN LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READD\G) City Attorney Ansbro read the title of Ordinance#2008-011. Mayor Jones 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 7 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. Commissioner Flury motioned to adopt Ordinance #2008-011, on second reading; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.5 ORDINANCE #2007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5T"AVENUE,BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5T"AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(SECOND READING FOR RE-ADOPTION) City Attorney Ansbro read the title of Ordinance#2007-016. Corinne Lajoie, Principal City Planner, advised the applicant is requesting a Future Land Use Plan Amendment from "Conservation" to "Utilities". The Land Use change was approved by the City Commission on August 28, 2007; however, at that time the Florida Department of Community Affairs (FDCA) returned the adopted FPL Land Use change because the City's Evaluation and Appraisal Report (EAR) was found insufficient. She indicated that now that the EAR was found sufficient, we are required to have this Ordinance re-adopted. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2007-016, on second reading for re- adoption; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.6 RESOLUTION#2008-048 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY MANSEL AND JAMI JEFFERS FROM THE BROWARD COUNTY ZONING CODE, SECTION 39-275 "YARD ENCROACHMENTS FOR ACCESSORY STRUCTURES", FOR PROPERTY LOCATED AT 4405 SW Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. 35TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioners Anton and Flury noted they had been at the property location. City Attorney Ansbro read the title of Resolution#2008-048. Kristin Dion, City Planner, explained the history of the property. She noted this was a replacement of a previous dilapidated structure at the same location. Ms. Dion clarified that there have been no complaints from the adjacent neighbors. The Planning and Zoning Board recommended approval. Mayor Jones opened the Public Hearing. Mr. Mansel Jeffers, property owner, advised the shed was damaged by hurricane Wilma and they rebuilt it. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. The Commission discussed the construction of a house adjacent to this property which is being built according to the new FEMA plus One Code and is higher than the other houses in the neighborhood. Commissioner Flury noted that the City of Hollywood recently adopted an ordinance regarding "McMansions". It was suggested that City Manager Palo contact the City of Hollywood for a copy of that ordinance hoping that it will help us develop a similar one that we could implement in our City. Commissioner Bertino motioned to adopt Resolution #2008-048; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.7 RESOLUTION#2008-049 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY CLANCY NANAN REPRESENTING PROPERTY OWNERS CLYDE AND VICTORIA NANAN, FROM CHAPTER 12,ARTICLE III,"HAZARD REDUCTION", SECTION 12-52,FOR PROPERTY LOCATED AT 260 NW 14T" WAY, DANIA BEACH, IN AN AREA ZONED RD-8000 RESIDENTIAL, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-049. Kristin Dion, City Planner, explained the location of the property and advised that the applicant is requesting a variance to allow the construction of a single family residence with a finished Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. floor elevation that is 7.2 inches lower than the eight feet required by Code. The spot survey shows the actual elevation at 7.4 feet, which is below FEMA guidelines. She noted that the Planning and Zoning Board recommended approval of the request. Clancy Nanan, owner/builder, noted the person who poured the slab passed away. He said the slab currently is higher than his surrounding neighbors and he did not see a need to raise it any higher. Mr. Nanan introduced two professional surveyors to explain the reasons to leave his house at its current elevation. Anthony Gudis, 4747 Hollywood Boulevard, and Louis P. Johnston, both Licensed Surveyors in the State of Florida,distributed information to the Commission showing Mr. Nanan's house floor elevation as well as that of the adjoining properties. Commissioner Flury questioned if we were considering lowering our eight feet requirement to FEMA level. Corinne Lajoie, Principal City Planner, confirmed that this matter had already been discussed. She pointed out that the current FEMA plus One Foot benefits the City by providing a more favorable insurance rating. City Attorney Ansbro read a correspondence he received from a professional engineer who works for FEMA in Tallahassee. He noted that some of the older homes would no longer be eligible for insurance beginning in May. City Attorney Ansbro pointed out that if we grant more than one variance it could adversely affect the insurance ratings. He suggested we invite someone from FEMA to discuss the matter with us. Ms. Lajoie confirmed that as of May 1, 2008, any house one foot below FEMA may not be eligible for flood insurance. She noted that the City's Building Official is aware of at least nine properties that will be affected. Louis P. Johnston, 9821 N.W. 22"1 Street, Pembroke Pines, noted his inspection of the property showed the foundation would need to be raised by eight inches. In his opinion, he does not believe the variance would adversely impact the neighborhood. Commissioner Anton clarified with Ms. Lajoie that the Building Official said that the ceiling height is nine feet, so if the concrete is added to the slab, it will still allow an eight feet ceiling height. The window openings would remain unchanged but they would have to modify the doorways as well as some of the rough plumbing fixtures. It was the suggestion of the Commission to schedule a Workshop with FEMA representatives, as well as some elected officials before making a decision. Commissioner Bertino motioned to continue Resolution #2008-049 until the April 8, 2008, City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Castro. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearing. Dominic Orlando, Director of Public Services, suggested that we look at commercial structures where flooding would not impact the building and make them seven feet plus one inch, and residential would be seven feet plus one foot. He further noted that by doing this the boating industry would not be impacted by the increased elevation. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton noted that we closed on the 109 Park property on Monday, March 24, and the vacation of Park Street will be discussed later tonight, under Item#11.2. Commissioner Anton questioned the status of the interlocal agreement with the County relating to the Library and the agreement with FAU regarding the Marina. City Attorney Ansbro responded that he is currently working with Broward County on the interlocal agreement for the Library. He will meet with County officials next week to discuss it in detail. City Attorney Ansbro noted the agreement with FAU was sent to the deputy general counsel last week and he is still awaiting a response. He indicated that the next step would be for City Manager Palo and Mayor Jones to call FAU President Frank Brogan to ask for an update. Commissioner Anton noted that he and City Manager Pato met with Frank Brogan some time ago and he was agreeable to the suggested negotiations. Commissioner Anton thanked the Public Services Department for cleaning a storm drain in Melaleuca Gardens. 10.2 Commissioner Bertino Commissioner Bertino commented on the tax questions that will be added to the ballot in November. He noted that citizens should be very careful on how they vote and what the impact could be. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. Commissioner Bertino noted there has been sand migration in Port Everglades and officials are considering implementing a sand by-pass. He advised Port Everglades will be holding a Public Hearing meeting on Thursday, April 10 at Hollywood Beach Community Center, 1301 South Ocean Drive. Commissioner Bertino suggested a City representative attend this meeting which is of vital importance to our beach. 10.3 Commissioner Flury Commissioner Flury commented that the Dania Woman's Club has been holding a Flea Market every Friday for several years in order to raise funds that are used to maintain their building which sits on City property. She further advised that they were recently cited by the Code Compliance Division for not having a permit. Commissioner Flury asked the City to waive the permit requirement. She clarified that the money raised is managed by the Dania Woman's Club,not the City. Commissioner Flury motioned to waive the permit requirements for the Dania Woman's Club weekly Flea Market; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Commissioner Flury commented on the issue of non-payment of dockage at the Marina, as reported in the March 19 Marine Advisory Board Minutes. City Attorney Ansbro noted that the City has a marine collection company that handles delinquent payments and they should take care of this situation. He will ask Assistant City Manager Donnelly to report back to the Commission on this issue. Commissioner Flury asked for a follow-up report on delinquencies and derelict vessels. She would prefer to have the vessels removed from the Marina when the monthly rent is not duly paid, and she requested a copy of the City's procedures for delinquent rentals. Commissioner Flury commented on the project update received from the Public Services Director on December 10, 2007. She asked to receive a similar follow-up project report every six months. 10.4 Vice-Mayor Castro Vice-Mayor Castro welcomed Jeremy Earle as CRA Director and noted the City Commission would support him in making good things happen for the City. Vice-Mayor Castro commended Commissioner Anton on his leadership on the acquisition of the109 Park property. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. Vice-Mayor Castro noted that comments have been made by different community leaders on the Comprehensive Neighborhood Plan. She advised that the City Attorney is now working on the Request for Proposals and the proposed contract including the recommendations made by the Mellgren Group. Vice-Mayor Castro noted that the code enforcement ride-along with Nick Lupo and Mike Rinaldi was very helpful. She thanked them for their time, knowledge and valuable information. Vice-Mayor Castro questioned the length of time for citizens to pay for the 50-50 Sidewalk Program. She thought we should create a program that gives residents more flexibility for payment. Vice-Mayor Castro requested that staff find out what payment options other cities have for this type of program. 10.5 Mayor Jones Mayor Jones thanked the Parks and Recreation Department for the Easter Egg Hunt. He thought everyone had a great time. Mayor Jones commended the Broward Sheriff's Office for helping the residents in the College Gardens Apartments who were having problems with some undesirable individuals coming to their apartment complex. They expressed their appreciation to the City for making them feel safer. Mayor Jones reported that our Lobbyist, Carole Duncanson, has communicated with the Commission regarding the issues being discussed in Tallahassee. He indicated that members of the Commission can contact her with any questions or concerns. Mayor Jones noted that the "March for Michael' event will be held on Saturday, March 29, at C.W. Thomas Park beginning at 10:00 a.m. He pointed out this is the first fundraising event to honor Michael S. Curry, Jr. The proceeds will go to "Smiles are Contagious", an organization that creates the opportunity to enrich the lives of our children. Mayor Jones further indicated that the funds will help defray the cost of sending a group of children to camp from June 29-July 5, 2008. Vice-Mayor Castro commented that people can make donations to "Smiles are Contagious" on- line, by accessing www.smilesarecontagious.org. Mayor Jones thought that the Code Compliance Division should be more sensitive to residents in our City who keep their properties in good shape. 11. Discussion and Possible Action 11.1 Russell Hayson, on behalf of property owner Craig Leonard, is requesting to waive re-platting required when vacating an easement, for property located at 345 NE P Avenue—Community Development Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. Corinne Lajoie, Principal City Planner, noted the request is for a drainage easement that will be relocated on the property. She clarified that we are only discussing the waiver of the re-platting; the vacation will eventually come before the Planning and Zoning Board and the City Commission respectively. Russell Hayson, Attorney for the applicant, requested the drainage easement be relocated to the south side of the property. He noted the easement has never been used and added that the Public Services Department agreed to the request. Commissioner Anton motioned to approve the Waiver request; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 11.2 The City of Dania Beach is requesting to waive the re-platting required when vacating roadway for property located south of City Hall, 100 W. Dania Beach Boulevard—Community Development Corinne Lajoie, Principal City Planner, noted the request is to waive the re-platting to vacate SW Park Street following the City's recent acquisition of 109 Park. Commissioner Anton motioned to approve the Waiver request; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 12. Appointments Mayor Jones appointed Albert 011er to the Marine Advisory Board. Vice-Mayor Castro motioned to approve the Board appointment; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Palo thanked the Finance Department for the preparation of the Comprehensive Annual Financial Report. City Manager Palo noted that we are no longer considering merging the Fire Department with BSO because it will not work. He indicated that the Fire Department Union asked to begin negotiations on the renewal of their Collective Bargaining Agreement. City Manager Palo further advised that an Executive Session has been scheduled for Tuesday, April 8, 2008 at 6:00 p.m. in the Emergency Operations Center Room. 13.2 City Attorney City Attorney Ansbro was pleased to report that the issue with Mr. Mermelstein's irrigation meter has been resolved. 13.3 City Clerk—Reminders Wednesday, April 2, 2008 —6:00 p.m. CRA Board Meeting Tuesday, April 8, 2008— 7:00 p.m. City Commission Meeting Tuesday, April 22, 2008 —7:00 p.m. City Commission Meeting 14. Adiournment Mayor Jones adjourned the meeting at 9:35 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,March 25,2008—7:00 p.m. - - 73 RESOLUTION NO. 2008-058 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,CONDEMNING THE OCCURRENCE OF HATE CRIMES WITHIN OUR COMMUNITY AND URGING THE PUBLIC TO EMBRACE THE DIVERSITY AMONG DANIA BEACH RESIDENTS; SUPPORTING THE EQUAL PROTECTION OF ALL PEOPLE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach, Florida has long supported the equal treatment and protection of all people that reside within, work within or visit the City; and WHEREAS, the City Commission celebrates with pride the multicultural,multiethnic,and diverse population of the City; and WHEREAS,the City Commission is keenly aware that there have recentlybeen specific hate crimes which have occurred against citizens in our area which are motivated by factors relating to race, religion, disability, ethnic origin and sexual orientation; and WHEREAS,the City Commission is committed to protecting the civil rights of the people in the City; and WHEREAS,the City Commission acknowledges hate crimes inflict on victims incalculable physical and emotional damage and tear at the fabric of a free society,sending a powerful message of discrimination to all members of the group to which the victim or victims belong; and WHEREAS,the City Commission acknowledges that hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes; and WHEREAS, the City Commission deplores recent hate crime occurrences which have included references to indentured servitude,physical attacks against members of the gay community and symbolically racist noose displays; 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 strongly supports the equal protection of all people within our community and denounces any and all acts of physical, verbal or symbolic hatred. Section 2. That the City Commission calls upon the residents of the community to recognize and embrace the diversity among the population of the City and to strive to explore common interest and perspectives among our people. 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 2008. ALBERT C JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-058 ® CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Database Date of Commission Meeting: 4-8-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ;tea .,.:.._M ... v ,->.:,7 ..a.A. r :,, e,::,-. " .ev4.m' s: ? ° ,.... IM F;�.xi y�' ii i .4 it s ! i�-ITT b"' 1 ,. Purchase new playground equipment for C.W. Thomas Park without competetive bidding under the City of Jacksonville Contract Bid#SC-0511-06. ti te�, +ar, �w'rS%ay�rm.:.. i.s.....__.ir .. mm...i._!�!�. n5v�'+i r3 Eipilt ftl!.{:' w z7, �yyL` a yF+°,m °is w °�t ' ? b t i !? i 1t m. rs i3', Provide new playground equipment for C.W. Thomas Park 4 3 s rg Y F a....�.:� . i sa .?i � .... 'ip 5 P_ :I..a i! van New playground equipment for C.W. Thomas Park v'����`F'�!� �ii rt : ° ! ! �a -h..a id lv� v�.i'�,3 Jetx?�}ri i 4 sq ,.�'!:m,:.r`. :° _bh.._,.. ,.. ...,::.. -,,..st}°i:_ls,. ,..°,�.:I�.,I{e.i i'o-v� Fi {...I.r ni l4 3: Dept: 7203 Recreation CW Thomas Park Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑X Capital: ❑ kid ! � !{tfd�° �ti}i+ °it?9!4!k ! 4! 'f I' ° !n !!, s °�v!� e 4 NOW, i�`13?!!°ivk''n! ,°!mom!!I8' I!!. � 'w°w' N.fi°i uI s�HFs i€ jt,K�;il i6: .:.u,id,. ,:t�::?,i;Lis!s°.....4i.v ,_I,,a l.ar ,., ,W .Inch?,R. 33!S3 a 'I s Z!.t3 i.ee.+.,!;,.WHi ..,?'!... ... .. _ _. W H i F s+�!Rd!t iv 3 a r F a, e! tt � HM NIMIN .-��{�H.3.4� '' f s" p;i!!^tt. F=�� u.:Qi!i !�: ,31�. '� :`a�6t iEEia` aeav�,�,v SFr ,,,...�..i i %a Funding will be derived from the Capital Projects Fund and the Grant Fund (FRDEP) in an amount not to exceed $99,000.00 tt6 Rqq rE 4"a{, 3F � ! Caa�i "t� ! !!{r ! �!! +hwr i'� !!I v!Kt.v s Li Ea r3�,ys z ! -0 v s '.e 9:xi! '.'�e ig i.lrcw..,o.a:,,y}�. ..�:d..._�._, „yx, .,4Riiii .!_:e y_..x�.,. . 4 ...r_.,:t..v _,:.E�('`� a,Ali ;," ta'Ga a'1 a �.tn. ut, ' Exhibit 1 resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 � .a Ia p� ri `''(i ilk, liE g� n�y�'IAit i� I � � �fl I k '6!I!i F j'Ya!!�rlvNid(� �`°�:.aa.. .e.iI r,...mx5, ,�yt�.� Ea3 il ,!' ..��aa.,c T'p,�a_ nT x 3;: Td !! ?ff_i vL ..ma Submitted by Mark T. Felicetty Date 03/28/08 Department Director Kristen Jones Date 03/28/08 Assistant City Manager Colin Donnelly Date 03/31/08 HR Director Date Finance Director Patricia Varney Date 03/31/08 City Attorney Thomas J. Ansbro Date 03/31/08 City Manager Ivan Pato Date 03/31/08 ..... ;�,. ,.w ra W sue"i!a �'ae!i ?T! ! k jt'ivt!!(�1ilivn ! ii, �F.._ jN .nx v lLai.,. a -- E. .&edi lt.�j� n I ...g!. 4,a.2,.Iw..1`N..re-. k2Li .1,.._sr..e{. _,.. R!➢....., .m:::,.t.:::k Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-060 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PLAYGROUND EQUIPMENT FOR CHARLIE WILL THOMAS PARK IN AN AMOUNT NOT TO EXCEED $99,000.00 FROM CONTRACT CONNECTIONS INC., UNDER THE CITY OF JACKSONVILLE CONTRACT BID #SC-0511-06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of Twenty-Five Thousand Dollars ($25,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to purchase playground equipment for Charlie Will Thomas Park, in an amount not to exceed $99,000.00 from Contract Connections Inc.; and WHEREAS,the City Manager has determined that such purchases can be made at the least cost to the City by purchasing such items from Contract Connections Inc., under the City of Jacksonville's Contract Bid No. SC-0511-06, a copy of which is attached to this Resolution and made a part of it as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay Contract Connections Inc. an amount not to exceed $99,000.00 for playground equipment at Charlie Will Thomas Park. Section 2. That the funding for this project will be derived from the Capital Projects Fund and the Grant Fund in an amount not to exceed $99,000.00. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-060 JPW10-2008 01:35P FR011:CONTRRCT CONNECTION 954-963-7771 T0:9549246813 P.1 DEPARTMENT OF PROCUREMENT NOTIFICATION OF AWARD AND RELATED ACTIONS DATE: 616/2007 REC IV ADDRESS: Contract Connection Attn:Todd Krohn BY:- 504 South 2nd Street Jacksonville Beach,FL 32250 BID# SC-0611-06 TITLE: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT Ladies/Gentlemen: Iq'1 You are a successful bidder on the above referenced bid. Bid is accepted subject to the terms,conditions and stipulations in our specifications. i Performance Bond in the amount of$ (as required in the original bidpackage)must be returned within 10 days from receipt of this notification. (Pleare inclade bid number on performance bond remittance) CONTRACT DOCUMENTS OR PURCHASE ORDER TO FOLLOW. THIS IS NOT AN ORDER. Awarded as follows: Flml Renewal Option-Jum 1,2007 through May 31.2008. _ You are not a successful bidder.Bids are available for inspection in the Department of Procurement. Bid security is herewith returned;Check# _Amount Sincerely, AVERELL St.Jame City Hall,117 West Duval Street,Suite 335 Jacksonville,Florida 32202 Phone:(904)630-1184 Fax:(904)630-2151 FORM G11-10,Revised"03 JAN-10-2008 01:36P FROM:CONTRACT CONNECTION 954-963-7771 TO:9549246M F.2 07/16/2887 13:52 904-249-8177 LdJNIKAUI WiNICUTA" ^— -- BIDM SC-0511-Bf GENERAL CONDITIONS t,RBSERYATMNq: ike Cy d ittleeMf,ibWa nweaw M ryM b wild 1. 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(FOR1dLd01,nhatl 1LB6) JAN-10-2008 01:36P FROM:CONTRRCT CONNECTION 954-963-7771 TO:9549246613 P.3 07/16/2087 13:52 994-249-8177 CONTRACT CONNECTION ra+uc ua SUPPLEMENTAL CONDITIONS RID# SC-0511-06 .l. salftom rrrim eweY«e.n.aeeirwbepmn■r �+ee,mer +anrtirr�rtia Ni.mw p~r arryslBNrerWdaerwent A NM 9tirrltlaR - rMWdrtlmiY,71.Md{dr rCtdeaM'Carl.Caaprdara,RlNrdmM«rabrddl db tdaadJSNatp 1M!ta1a11rdd«aaft rpsrrt drrdltdrlRrrw o�iprwbw dd wawrt pats, Lob,,d q awrr dryCa,r uwwtrewk�b mrrd ,17«dOwr 9.da137p .Rb taArr mb.ba.eye ,Yradaarrrb/d prymaar.lYlr y. m*k%«rdrsya�.Trpmard,pt pbvmlwaartdresSMwt WmKdaa01P eAlh d ;;wwarepsbaaw17rsdbw w Menembyrrpaeieb rAWaYdb,w.Rdba upsdrwpaAe adw � bCVRdw �+nMPaiYedr aCn''�bN eTOWN b r d rwwwIft papsa aedrrar rn td wada+ydasstds ed CpprQe Mn.da UTE MOSARE WrCDr90EaED, p,ap«prymwaretadlbdJB�a MBElwdpi«papmtr pr csgm%swdradhs car.CaRwrwwsnaamy,rRrd . we*asrwlrpbsw4sWerbdar "vk*ayn«rr.Aap p>,aw�bbwaabdJSE9«,eErwpgawwanatbew,wdabr awes+«1Sdrlan mdbapabbptltrpws^,W9rw. 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CwRss Rampaasw bf aaNRfa,a autlaihb raaY�b�m gpba rmd bJ riaura>r, CeYladardrpradpgraddr/wapet«wRROctl Ileee nlwws,oaonepAplele,eeal dolpv WC&*Cod ffidW pr d PpwatwrQ„'.bddNhaab drpr,de Cb}wstaddglrlK u lk ddsop�aRssmwara. erdrddw dsW, bcarr.aw prywRiwdardbpMpwtsdagONPrPneeoilrlw Cadrt,d p0>RAt GRatti Irrwae,eAm tie pwdddDo%rbGRr wrbrdawlsrwwrtir'dm �rp,rppar,d;d,ette.earWrrwRnc(�wbrwadrb drprd m rpadaN p«,paa er dare rgiad b wa h atpuc.a a9 Y eebtre b Car!sew e,om+d,w w a�W r r16b W aYd« JAN-10-2008 01:39P FROM:CONTRACT CONNECTION 954-963-7771 T0:9549246B13 P.4 BID SPECIFICATIONS FOR PRICE AGREEMENT CONTRACT FOR. PARK AND PLAYGROUND EQUIPMENT TERMS AND CONDITIONS SCOPE: The purpose of this bid imitation a to establish a rank fond percentage discount from mamtlYeturer'a andkr bidder's cmrad catalog price list for the purchase of various park and playground equipment requested by the Depertrntnt of Puke,Recreation, '1 Additionally,ties bid invitation shell also, a f fisted HMentvnmmtandCauervatiaa C ofJarJuomr Florida.a Add hta d tmk w Penmdege of mmaufeehoR's sndfor bidders to rt et atoll price Nit.an applying the above mquepted dkmmm for purchase,fa the hptaRntim of wrious pork will P16YVVuntd equipweM requested by the Depastmem. leis understood dui currant ntalog price lists ore sullen to chass4 howem.puccitsgta shmll remaln fixed. No atm charges or emrp0asstim vau be allowd for Insts"Won. RESPONSIBILITY - Bkider s1uN be rapamible fir/B labor,smterish6 equipment,superv4fon,off-lading,storage.and installation,of all Its*and plrygtnard oqu(plauni adored,oolm otlsmwtae ag sci5ed by the City of 0dwonviuq Florida. The City may elect N certain ehcumsuneet to pwehmu only materials and haw those materials installed by others(e.g..voluatcors). These ilemn will be shiypcd to a rim ignatd location and ofr4oaded by hire bidder or bidder's rapmalimmilve. OUALIFICATTON OF RIDDEM If a bidder utgiaxs a al*mmmetor inauilet(a)for any pack a playground aquiptnem, it mum submit a list of its sub•contracsor istaller(s)with ibis bid. Additionally,It shaft soppy WRITTEN FACTORYIMANUFACfURER CERTIFICATION that h,or its s ibcmheator umslalkx.is an authorizcd i0dalla certified to Install playgoad agmile mat me required by each manufacturer. Faitum to complete this requirement of the bid proposal may mull in rejection of its bid. COMPLIANCE WITH SPECIRCAT(ONS: Bid only as items that met specifiealioat Bid only a single offering for each bid Isom. Do not bid muNipht itReAnip or"shernams." Bid any on fume supplia,using ids or typewriter. All corrections must be initiated. Bid only new,unused material. r•r•ttars♦arDMANUFACTURM111W eTEDRUAlt,FRICEWSfavf)w-Itrc: Each biddor aha0 aubmis with thus bid at no clause two(2)seta of cads curves e auebg n wen as earreet MSRP list for clach catalog submitted. AN auloge stator MSRP lists shall closely(deldify ill bid mum w tad she WWII nerve,sddeu,and telephone number. Addiliarlly,ash biddy owardW an option yar renewal of this oomrmt will submit A no cl ergs/we(2)sets of each then eutrore caw"as well in lament MSR►list for each atelog submitted,whkin all days of award*(as 0004 year renewal. COMFLIANCE WITH LAWS AND CODES: Bidders most striety comply with Fod=kStme all local building and sataty codes. Equfptnetm owst mess all Snit and faded safety rag slafiau. The following publications(issue in effM on date of imitation to bid)stun form a part of two specification: A. American Society It r Testing and Metenaln(ASTMy. ASTM-PI497 SUD&tda Methods of ladrsg perygsound Equipment for Pobhie Use. ASTM-P]292 Sandards Methods for seating various surfseing materiels to determine their"critical height"(she Iklt be!& below which a life threatening head injury would sot Ise axpeesed to occur). Copies may be obtahted from American Soclny for Testing mod Malwiela,100 Bart Harbor Dsive.West Conshohocken,PA 19428. S. Consumer Product Sa(my Commission(CPSC)-0111401%Hatdbodt for Public Playground Seibly. Capiss m ay be obtained iom U.S.Consumer Producl Safety Commtsnory Wasbinglos,D.C.20207. C. Notional Fleygrrnmd Safety Institute(NP$1)-(denlifialion Of 321esdieg causes JAN-10-2008 01:38P FROM:CONTRRCT CONJECTION 954-963-7771 TC:9549246813 P.5 B7/16/2007 13:52 904-249-8177 Ca4TRACT CONNECTI N rswz v" of isquAft an playground. Copies mV be obtained firm Nalloml RAWCAtion and park Association,2775 South Quincy Street,Suite 30D,Arlington,VA 222%. D. Americans writ DinbiliNes Act(ADA)Regulieliaas for Tille 111,Appendix A. Standards fen Aectssible Design,issued by the Depanmcat of Justice. Copies may be obtained by calling(8M 514-Ml- swam oertiry that an products(malwints,equiporn4 procesw,age appropriate signoge,or adtef tcasrs supplied in Ivaperse to his bid)contained in its bid meal all Federal ad State ragairaheras. Upon ampkttoo ore alkNOD of Flay egotpmadt oodfor phWoosd sen faelag,bidder shall farnble to the City orJselaoovllle At certifieste so staaag tbt"tripmaoYserpadng mend to Installation meet mill Federal mad Stake rsgalrememta as ondiot:d net the above publications. Bidder.liAw certify that if ate praduet(a)deuveree newer installed ors w nespi ally found to be daftalael In soy of 01e sformnentioned milraoena in effect on slate of deRvAny,an cap.noccessey is bring We pteduch(s)and intonation into Compliance than be bons by the bidder AWARD- Multiple awards win be made to soy sad all responsive and respadblabidden. Thom is no guarantee any purchase order will be issued alter sword. Farobas orders will be issed subject An availability of foods. INVQI-CI?Q: Invoices will be based once supplies sn shipped and delivered to err using agencies. At a miaimwn,ievoieas rapt hwlude: Forcbata Order mania,item Numb?and Dampl'im4 date of shipment quantity ordered,unit price,unit of messtse,and a teal for all pmehaas. The vender will work with the pmcesanent and AeCeouts Payable Division to d•sat�runty a t OC re Na 30 altcmaliva to invoicing such es.summary Iinling Repop or Eleehonic Dots Intacham p( ). primers Days, OF CONTR4CT: The Price Aveemau comma for park and Playground Equipment will be from June 1,2006 through May 31,2007,with two(2)one (1)year renewal options. Rarwal apdotn(s)m at she discretion of the City based an the suttesidel bitch($)pedornrone and adbm some to rho Terms, wnditiou mod rapsancses m maintaining fern pnaalaga(s)for the fallowing ycn(s),wither 30 days of convael repinnen. All pnewugss will remain rem for the period of ash Contract year. EEMCONTRACf9: The(Sty a erntid to pmehac from tmmratta estabnahed by iho State of Florida. Should the State Establish s ri far"am sen tit State m Item oe this bid,site City forms$the right to anted this eaotnct In whole or in pre and purchase ) contract,if in its bat irntag. no City o OF OkyERm may 7hs City of Jaekarrvinc any generate a Request For QtaWion(RF'Q),ten en"u eecdetP'trots,for pale and 1daY&°1"d equipment for ladivldoal projects.together wigs At negnat for addilional services requited to Cempilele dial peojm(sae srnpic"Request For Qhrotetioa"alhhxl atuehsd to Ihasepmtfleatiea} Tiro City reserves the right a send catch RFQ to any OF an awarded bidders. The RFQ can defree s plojeel aaclly(mivsba and speck type of equipment rock d),or the RFQ as tkxnlre a desired end result, allowing tip bidder to design the park or payground alit. After geaerefing an RFQ for a project and before bidder's soWRIWoe of its 4uo4sli0o in lesposcac to the RFQ,tits City'will rmwm mgse nd bidder(s)to attend a site vish wAll City poncrmel is fam"'eko'be bid h r(s)with the site sod delandaa adOkioW serscee Neat maybe rsquimed Incomplete due prajset. Such sevviern may hmchede,bul arc ant funned tq tdawwlk nnd/a Comoro"wont. iroNsn,site clearing,site weak and molestation,fin,drainage pipe laying,ere. Bidden win be mlportalbk fbrOm uemuscy of sll flxd n iewtvaomis. The bidder's quotation in mrponse to Ilse RFQ mug coolam each of llne fonawheg:shell be a■eomporpnt hernia,listing catch • A tlpailad breakdown of Dee tart for AM mtee project. All equipment tproicd Component pan number and correct component MM. Descriptions oradditianai services ra9 �a .sagenn*alto their Pia, shall she be listed,ash as neshe chavga,sNowalk and/or concrete work,cite etaaring,she wmk and team recttm,fill'denim ige pipe laying,bordm,cse. • Noma ornery and aN anbcoatractag on rite pttmjicct,Itrgctinr vrith their deatgnated worth andcops- It is understood arc bidder Modulo Ilse right so ttjaa any quotation in massing negansble for prq cCA completion ad ampunee by the City. The City Iapense b an RFQ if said quotation names a subcontractor who hats,in the sok opinion of the City,prervioudy Tofled-In the proper perfamameo of as.wad Of failed to deliver an Imo,conbocts are similar name,orwho is not Ina position to perform property Under this award. JFN-10-2008 01:38P FROM:CONTRACT CONNECTION 954-963-7771 T0:9549246813 P.6 Bf/lb/2bn/ 13:b2 yno-Lg7-tll F/ tzsvinrx.r Wrlmo uury • A date certain by which the pmjeer Oman be completed. • Include an updated catalog,If needed,end spdo d MSRP lists for the pork wA play aquipetett spddr=ly gvded. The City will gtmvate purchase Orden a a result of approved"U"mat For Qwatoos"pilimiaed.at iha ale diaerdion of the City. The Cory waves the fight to not award to any,or to go outside Ric contract to award. I'ROMO'j]ONAL PRICING: Jarring tM txnlrser period,bidders will extend soy pricing offered OR a'promolbnar basis r"the nmWAcntrar 10 Ibc City. It wit be the bidder's responsibility to monitor amid items and repov any that qm or will be ofhred at ltwwprioma P.0,8.POilYI'(FRt?IGRI'r: Ore ary R"w For QOormica,the City win iidWae de exact installation point. The bidder ometthan mat helgbt eherga,offaing P_O.B.delivetad This prior will be indicated on say purchase order issued. Bidders are nspoasible Aar soNlYbit ON labor,materials, and quipmad required for the oR•bading sed plecamal of liens is dirOctel at all dkYvasy►oMiom,whined On aeislaes of City of Jacksonville personnel.Additionally,biddy will arrange far and be responsible for my smote Of metatiols end cquipmad received. FUMrM FLU AND NOTIFICATIONS: it aM0 be the bidder's rapormarlity to acme ant pay for may and all permits that may be required to accomplish the work associated with the pakrmaea of tbae Bid Wications. The City will not honor any repeal for peyMM arpormits. PAVMRNT Price graanem t ootrses will be issued Rely to the vaidor/tasnufitclurar who subrokktl an awarded had pmpossL No split order prIAew separating"militants valor payment from histsperpaymmn will be imood lay the City ofJaelemviga. Prymem fa iastsllation ctweges will be the responsibility Of the bidder. Paymmd for bah egedpteea and i"Wlstion will be merle only upon cmmplatim of the entire scope orwork end subsequent secto tc by the City of JacholMlk. WARRANTY: The successful bidder shall fully wasai,is vM"VAlb4130 dryer or fined seepunee by City,all ftsnished or fomishedlinmlled cquipmat to be free of defeat in makriah and/or wo ko ip for a period of of lead we(1)yea from date oftorillalIon and aecpdonce by City ofJacluanville, SuaryiM biddtr iball repair araYor optaa,m rat additomt cam to Cry d7sekaonville,ay dehw or mslfiurelia -noled during tha waronry period IN UM41 n,atteeaaful biddy dull bwwfor any Nm,ofacbm s guw mw to the City,le writhg wbhie 30 days of Bual acceptance by City.for supplierRnmtler Pomished qudpsnem extaidbg boyVW aka Contract Period AIJPSRVISION: A badderjob avpervirodrepvvmnalive will be ON der roug work Site at all times end be thohy knOwkdgeebk Ortbe min ari.ta,job requiremento,plum,spedtiasdons and hwatarion functions. JOB COMPLMON: Biddertrontraeedinimailer will be reprints a fa all niNaisb received and signed for Rasa this of order to eampktiom OfJob installation. i Biddalastancr will be responsible for chin p and reea rat oftit debris raaltint in job completion,leavio,work site is neat and orderly f§ddon a the and crash workday. AdditionsHy,bidder/installer will be responsible for wmehg der work rite ire Its original eondrtiun at the compkikn of the project. RSSPONSISILMY FOMC/9 AND FRM , MY: The bidden cling use he ore vad dms,;,,miLpropeV7051O wRadjaeMI m.or in any wsy sRectod by the weak bang perfbmkd. This pplia to private pepoq an wen as public propeny and all milkies while may sxia wdOriN the work ate. Any denage acena g to such items by bidder shall be immediady reported or.placed in a candid=at least egad to tint which alsted prior to der damage. AN caps bavrted lea mpab or rr:placaate-shell bo borne by bidder, Any dsmt g a not repaired or replaced by the bidder widdo in(10)calendar days fWar naifialion will be fixed by the City or his ateueetor,and die eon Won be paid by ITS bidder ordcilucied boa their invoice. YtOLAT lQNSJDBirAJ&T: to this event the awarded bidder(,)shonld vichric my provisiata of tMs bid,such bidder win be givaa wail sake aalklg the deficiencies and give to(1(T)days b cancel deficiencies fount Tee City reserves 111e 110 m maminat:ary"Norad et any time dare to any Violation In the event ibe awarded bidder(o)should breach this eoeirae4 the City Mmervea the right m sink aA nor. lee in hw mnd/a in equity. JAN-10-2008 01:39P FROM:CONTRRCT CONNECTION 954-963-7771 TO:9549246813 P.7 07/16/2007 13:52 904-249-8177 C NIRX;f (1M.tc:illN t-Aut no Faihue of an awarded bidder to adhaa to canpletion dams defined in its Request for Quotation may mok in no fitnher awards being rmde In,each biddwuealer this price Agreement Contract. CORRECTIONS MADE BY BIDDER- Blddcnere Cautioned not to obliume,auk or enrlke over any pinned emmeriat as so fash In this bid imWdoe. In quditig priors. whether=0 prim or tool prior,whatever bidders bm me&as am,or has connected it,any and all such con votes should be initiated by do parson signing the bid own abeet. Failure to catply with Ibis provisim army nault in rejection of bi& CEN¢RAL CONDf170NSt Sigaahse ere bid Potm vvifics Am the bidder is acquainted with Ilia general conditions contained barn and will comply with at tpeeilkatiers,reins and u»ndi*m cernsimed in this bid invbation. INS RANCs WORNZR• COM arcaTiONe The amnsaota shall takeout end intlmaire doriag in life of ibis agrmocat,worker's rnepemNion language for all of his arybyee connected whit the work of Ate project=4 in ease any work is sublet,the contractor doll reining the subcontractor similarly to provide worker's computation insurance for all of the Iata's arVanyeer in lea such ateph*V"m covered by ton promotion afforded by the emrtoeW. Suet iNKON d*fl amply My with the Florida wmka's aompe madorn low. 1n ease arty class of employees engaged in hvatdous wok order Ak contract at the Nee of the projael is aM Draened under the walonse's companation stable,the oonlrad""I provlda,end cause each subcoweador io lnovtde.adsgoate longertee,aadshaaoy to ton pnrehatay for the prokcfios of his artployw not otherwise pmieded 77e awarded vends ntusl sabmil s copy of se immaes certilinN coming the City ss aidhiaerl bwned so Inter that kn(It)drys alter ion ewad Ines ban trade. COOPERATIVE MRCHASKS, Tlds its cooperative purchase Contract. State law alkms any govemaenl agency and cry accredited school in the sink to buy off this contract without going lobid.as long as It does na coRAlct with say of their kwl replations. JAN-10-2008 01:39P FROMCONTRACT CONNECTION 954-%3-7771 TO:9549246813 P.8 05/30/2006 09:56 9842498177 CONTRACT CONNECTION PAGE 05/07 19 Contract connection ince FACTORY REPRESENTATIVES &DISTRIBUTORS Bid No: SC-0611-06 Price Agreement Contiract for Park sA Playground Equipment Fixed installation: Fixed% Bidder Cataloo Discount of Coat(after r�rscount) American Rubber Technologies 5% 35% Astroturf 2% 50% Astroplay 2% 50% Aqua Control 5% 30% Barky Beaver 2% 35% Bench Solutions 2% 35% Border Patrol 5% 50% CCI Custom Products 5% 45% CCI Precast Restroom Buildings 2% 50% CSSI 5% 35% Custom Design Precast 5% 35% Dynomo Playgrounds 2% 65% Fido Course 54/0 35% Finished Dimensions, Inc 5% 65% Groundscapes 5% 35% GT Grandstands 2% 35% Interactive Play 2% 45% International Terre Cotta 5% 35% Kay Park Recreation 10�° 35% Madrax Most Dependable Fountains 0% 45% Murdock Fountains 5% Parasol 2% 45% Park Pets 2% 45% Paris Mfg. 2% 35% Plastic Lumber Co. 5% 35% Playgrsss 2% 50% Pinnacle 2% 45% Poligon 45% °Procurcuit Sports Lighting 2% 66% PW Athletic 5% 359/6-65% Small Water Slides.com 1% 65% Sof' Fall 5% 35% Sof Surfaces 5,/(, 35% n Ft L►uDdt&C - - - - - - - - -19 olnea to fbrlda,Gaergla,AbOtlrrM JACKSOr'Nu r s Nonh S South Carothn,and Mlu1e61PP1 SO4 S.2nd.Seem 2951 Po9C Stroet P.O.Sox 946264 jokeonwis BwA FL 22M Hollywoo4L FL(954)92000'fAX (954)026-MM Pembroke Phee.FL 33094-0234 W4)249, 363-PAX' (904)2494177 6• 0!eonheetCl®eol.ean JPN-10-2008 01:40P FROM:CONTRACT CONNECTION 954-963-7771 TO:9549246813 PA 85/30/2806 89:56 9042498177 CONTRACT COWECTIQJ PAGE 06/07 Bid No: SO-0511-08 page 2 Spectra 2% 35% Sports Play 10% 35% Superior Intematlonal Industries 2% 36% Supersecur Restrooms 2% 35%-85% Superior Water Slides 2% 85% Superior Water Toys 2% 85% The Molding Co. (Forte) 2% 35% Trisctive America 2% 45% Turbo Unk Mfg. 2% 50% Ultra Play 5% 35% Unique Surfacing 5% 50% Urbsco 5% 45% Victor Stanley 2% 35% Wabash Valley 5% 36% Water Play 5%, 45% WOW Playgrounds 5% 25%-35% WOW Shade 2% 35%- 56% Xtreme Skate Parks 2% 35% Zeager 5% 35% Additional Installation Options: Concrete $4.00- $8.50 per sq it Sidewalks $4.00-$6.00 per sq ft Concrete Footings $250- $2.500 per Footings Site Work $1.25 per eq ft Excavation $2.50-$5.00 per sq It Drainage System $3.00- $5.00 per eq ft Removal of Existing Equipment 25% of materials cost Sod $ 1.00 per sq ft Sod Removal $ 1.00per sq ft Field Painting $10.00-$20.00 per sq ft Permitting $500-$1,500 Engineered Drawings $250-$850 Culvert call for price quote Fencing (4' chain link) $20.00 per in ft Acrylic Skate Surfacing $1.00- $3.00 per sq ft Asphalt Surfacing $2.00 per sq ft Sub Base $1.25 per sq ft (4' —8" compacted crushed stone) Turf Field Sub Base $1.50 - $4,06 per sq ft Field Drainage System $1.50 -$4.50 per sq ft JAN-10-2006 01:40P FROM:CONTRRCT CONNECTION 954-963-7771 T0:9549246813 P.10 05/30/2006 09:56 9042498177 CONTRACT CONNECTION PAGE 07/07 Bid No: SC-0511-06 page 3 Striping Minimum$860 186' x 85' Hockey Rick $ .50 per aq ft Basketball Half Court $1.800 Playground Repairs Price per Project Playground Demolition Price per Project CITY OF DANIA BEACH Agenda Item # / . Agenda Request Item Date of Commission Meeting: 4-8-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: e ,_ 1piti az r.. t rA >rr.. } t< r„' oa i,n , .�vEWE ......_.. 4 jyr c� sss.` + ' t: rEL"i' rs �C«i '� (f 41. '-,a1j Poi11`fir 'SSk';3'4,,,pkrn,�4a.,b 'b --"^4'e.,,.,t .,,P��'iF may,_r„ ' _ ..it«a,. . "r w..�„ ,. ,,.,._;; 7 v,v,.v,.,,t't. .,.,.azl.,.r,N' .,:w;$,,,,,,, Mid-year adjustment l�L i9vty tq-az a yv ai t _°_ m fla'3 '*k` ,+.ct*1G5y i$h: , �;.�?t` x�''!4 az hh r l,azm 'az. �<„ �'�toil.. azA d !t'r ..:,. ..,.. , ._.., ,..` t�i,H,,E �. 3a, Finance performed an analysis for the City and prepare resolution for any adjustments required for the FY 2008 budget. _. . a}.ut d azt4 �s ,F^!v t st• e glv r, rr . - '��i e 1 rs ty: v r Irr �! E E! !h �tI . u !� v ,�r +rsr az ¢i ,. ,.__.y__...,u51.a"ht rR3�rs, t .. u,,.'$a... R i. r ..._, .!,„h..,, �..ral. Sv. .. �...!$�_r_:.:�,.v.d ._.: .�5,.,R„m.,r..,;'.. Fy� y tr x t 'a�� az� `!lEE tfv ,!� �r .�r( v&{��ltFvir�r 15'I� t�lh g'��'�'lrlfaz'fi 'daz trs,7t�ryf�Z>{a E!xt rvl �y�... a� R� h'4az9� r:, :.. nd„fi.,, t`= t?!,, i.aM `3 fi!„ 1 , ...... ER u„ vi ........., e Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �+ EF 9 vv�t t P! yii t ,� t w_ t t(�>j >�t!E C5P a'�I'dr�i W 9 ir! ! �_E"' It !i! 5!Y t�k t tVF h tFA t t !tI! � j't!�"�4 I I E)! tfi�Wf!ECEirs I t5fli P. l+,.. ,P..-i ..ErN!I E !i,�3l,r t N' t a�`3._ "�!¢§.,t E..���iiiN, !111 tIC .vt�PH r See staff memo t �- 'dk w iA6l�i � A' I }Si�� cy R. ,,. . ., ., Staff Memo Resolution Exhibit"A" Exhibit 1Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 9 Submitted by Patricia Varney Date 04/01/08 Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 04/01/08 City Attomev Thomas J. Ansbro Date 04/01/08 City Manager Ivan Pato Date 04/01/08 User Creating Item Item Name (do not use/or\in name) Patty Varney FY 2008 mid-year v.. N �",`; �7 p iii 4 Ar;,da trA : w vy NIP !v ! t n _au, EAsc+ r�d r ide,. � �� �.� �r2 �h��l A � it pwlt$� L f kd+�iyi , . ._..... _ ....,,A'.r .r� Ld.,,»�. ,., ,, ,9,., v..r ,.., Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-057 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach approved a budget for fiscal year 2007-2008 in September, 2007; and WHEREAS, in March, 2008 the Department of Finance of the City performed a mid-year review and projected the year-end expenditures and revenues of all funds for Fiscal Year 2008; and WHEREAS, certain changes to the 2007-2008 fiscal year budget of appropriations for expenditures have been identified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the General Fund, and Capital Projects Fund for the fiscal year 2007- 2008 are amended as per Attachment"A", incorporated by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ATTEST: ALBERT C. JONES MAYOR LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY Attachment "All Current Increase Revised Explanation FY 2008 (Decrease) Budget GENERAL FUND General Administration 001-1800-519.99-10 $431,351 ($20,000) $411,351 Review training policy Contingency as per Dec. 11 Commission mtg. R WMMVN� X, m-nm `!N`l -� , , ""C", �, , -g 4,A 16 QNLNNNAJii�L, Til'' Elm Human Resource Department 001-1300-513.40-10 $9,340 $20,000 $29,340 Review training policy Training as per Dec. 11 Commission ring. tit uw: MZm N RMC Rmw" X "IN Community Development 001-1501-515-12.10 $444,465 ($50,897) $393,568 Salaries 001-1501-515.21-10 $28,644 ($3,362) $25,282 FICA 001-1501-515.21-20 $7,284 ($786) $6,498 Medicare Transfer Business License Tax 001-1501-515.22-10 $121,882 (S3,324) $118,558 Division to Code Compliance Pension Division effective 4/l/2008 001-1501-515.23-10 $58,576 (S4,902) $53,674 Insurance 001-1501-515.24-10 $1,780 ($381) $1,399 Worker's Compensation 001-1501-515.51-10 $3,600 ($300) $3,300 Office Supplies N 00W=6,,,,r(iW i bbn -1,ji 001-1203-529-12.10 $419,027 $50,897 $469,924 Transfer Business License Tax Salaries Division to Code Compliance Division effective 4/l/2008 001-1203-529.21-10 $26,875 $3,362 $30,237 2 RESOLUTION#2008-057 Attachment "A" Current Increase Revised Explanation FY 2008 (Decrease) Budget FICA 001-1203-529.21-20 $6,285 $786 $7,071 Medicare 001-1203-529.22-10 $67,192 $3,324 $70,516 Pension 001-1203-529.23-10 $94,359 S4,902 $99,261 Insurance 001-1203-529.24-10 $25,697 $381 $26,078 Worker's Compensation 001-1203-529.51-10 $5,500 $300 $5,800 Office Supplies 3 RESOLUTION#2008-057 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Ivan Pato, City Manager Memo: DF-08-15 FROM: Patricia Varney, Director of Finance DATE: April 1, 2008 SUBJECT: Mid-year Review of FY 2008 budget Pur ose Forecast City's finances as of September 30, 2008. Backeround Projection of year-end finances was performed based on the City's financials as of March 15, 2008. A detailed analysis is as follows: General Fund: Based on the trend of this fiscal year, it is projected the City will experience a shortfall of approximately $650,000 in revenue. The major variances are as follows: Revenue projected to be higher than budgeted totaled $139,300. They are as follows: 1) Transport Fees: $33,250 2) Parking Revenues: $28,800 3) Harbour Towne Lease: $34,250 The increase is attributed to the percentage rent. 4) Occupational License: $43,000 The major revenue that may result in shortfall totaled approximately$790,730. They are as follows: 1) Property Tax: $75,000 Early projection is approximately$200,000 due to Valuation Board adjustment. However, should trend continues,the City may generate 98%of revenue instead of 95%as budgeted. 2) Building Permits: $194,000 Due to economy and slow activities in the industry. 3) State Revenue Sharing: $148,380 This revenue is projected by the State. At the end of the State's fiscal year which is June 30, based on their true collection they will adjust payment to the City. Based on last year's trend of the percentage of adjustment and the current amount received from the State, it is projected to realize a shortfall. 4) Half Cents Sales Tax: $245,350 This revenue is also projected by the State. Based on the trend of receipts this fiscal year compared to receipts of fiscal year 2007 for the same period of time, a projected shortfall of $245,350 may be realized at the end of FY 2008. 5) Fire Assessments: $61,000 Based on the trend receipt this fiscal year compared to last fiscal year, and the year-to-date receipt of FY 2007, a shortfall of$61,000 may realized. 6) I.T. Parker Rentals: $29,000 Due to economy and higher rental rates. 7) Plan Reviews: $38,000 This revenue is to account for time spent by the Community Development Director, City Attorney and Public Services Director. Upon the departure of the Community Development Director, outside consultant will be engage to perform his scope of service; therefore, it will be revenue neutral to cover the costs of the consultant. As for expenditures, it is forecasted most departmental expenditures will come in within budget with the exception of the Human Resource Department. The Commission at the December 11, 2007 meeting made the motion to provide funding of up to $30,000 for a consultant to review the policy and training to avoid future liabilities with regard to the News Times article. In order to fund the deficit of the shortfall of the revenue, staff is recommending the following: 1) Vacancy credits: A hiring Freeze has been imposed by the City Manager in January, and it will generate a savings of approximately$198,000 for 4 positions (Technical Support Supervisor, Code Compliance Officer, Fire Chief(9 months) and Maintenance Worker). 2) Workers Compensation: The amount billed by the carrier compared to budget reflects a $107,000 in savings. 3) Griffin Road Corridor: $100,000 4) Summer Program: Provides summer program at one recreation center as in previous year, and utilize T.I.M.E. for Kids program. This will provide a saving of$60,000 5) Contingency: $150,000. After the reduction of this $150,000,the City still has an available fund of$234,180 for the remaining of the year to appropriate for any emergency. 6) $35,000 from reserve for future capital projects. As for CRA funding, the Commission approved $100,000 for the engagement of a CRA director. Also, in the FY 2008 budget, $45,000 was appropriated for services provided by the CRA attorney, for a total $145,000 for CRA related expenses. Based on the expenses in February and projected expenses in March for the CRA attorney, Moskowitz, Mandell, Salim, PA and the hiring date of the CRA director, there is an available funding of$80,539 for the remaining of this fiscal year for CRA expenses. The budget that the CRA Director submitted to the Commission on March 26, 2008 in the amount of$261,895 was not addressed in this mid-year process. Marina Fund: Based on the six months of revenue, it is projected that rental revenue will be short by approximately $19,000. Security services will be overspent by$1,870,payment to Aragon will be more than budgeted by$3,100 due to higher CPI than budgeted, and repairs to the fence at the marina in the amount of$3,700 not being budgeted. It is projected that the Marina will recognize a deficit of approximately$28,000 for fiscal year 2008. Enterprise Fund Water Fund The Water Fund revenue and expenditures are within budget allocation. Sewer Fund Sewer Fund revenue is projected to be short by approximately$191,000. This is mainly due to water restriction imposed by SFWMD for the year. The surcharge that the City imposes is only for water revenue and not sewer. Based on the trend of the payments to City of Hollywood for the sewer usage, this fiscal year is 45.9% higher than last year for the same period of time. It is estimated that this account will be overspent buy approximately$309,000 of which the Sewer Fund may recognize a deficit for the year of approximately $500,000. A hiring freeze will be imposed on the Sewer Fund should any vacancy arise. Stormwater Fund The revenue comes in higher than projected and is estimated it will generate an additional $70,000. This is mainly attributed to digitizing of the properties. The expenditures are within budget allocation. In summary the combined estimated deficit for FY 2008 for all funds is $1,178,000 ($650,000 in General Fund, $28,000 in Marina Fund and$500,000 in Enterprise Fund) a . RESOLUTION NO. 2008-061 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE MELLGREN PLANNING GROUP, INC. TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH THE NEIGHBORHOOD MASTER PLANS FOR COLLEGE GARDENS, DANIA BEACH HEIGHTS AND SUN GARDEN ISLES, FOR AN AMOUNT NOT TO EXCEED $145,975.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Agreement with the Mellgren Planning Group, Inc., attached in substantial form as Exhibit"A" is approved, in connection with the preparation of the Neighborhood Master Plans for College Gardens, Dania Beach Heights and Sun Garden Isles and the proper City officials are authorized to execute such Agreement for an amount not to exceed $145,975.00.00. Section 2. That the City Manager and City Attorney are authorized to make revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED 2008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR—COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 2008, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and THE MELLGREN PLANNING GROUP, INC.(the "Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt ofwhich are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the City "Request for Letters of Interest: Planning Consultant Services- Neighborhood Master Plans for College Gardens, Dania Beach Heights and Sun Garden Isles, Bid No. 07-020", and that the Consultant's Letter of Interest response dated September 7, 2007, to include the scope of services described in Exhibit `B", entitled the "City of Dania Beach Neighborhood Master Plans Work Program", all which are attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services are to commence upon written or electronic authorization to proceed provided to Consultant from the City's project manager, and that that date is the effective date and commencement date of the services. 2. Time to Complete. Consultant shall complete the work within twelve(12)months of receiving authorization to proceed. 3. Subcontracts. It is expressly agreed by the parties, that the City shall approve in advance in writing any other subconsultant and the fees to be paid them by Consultant prior to any such subconsultant proceeding with any such work. 4. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon amount of$145,975.00. (the "Fee For Services"). The Fee includes full payment, including all labor, overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade,Broward and Palm Beach Counties,approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. C. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. D. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 5. Indemnification of City. A. Consultant agrees to indemnify and hold harmless the City for all costs,losses and expenses including,but not limited to,damages to persons or property including,but not limited to,judgments and attorneys' fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Consultant,its agents,servants or employees in the performance of services under this Agreement. If called upon by the City,the Consultant shall assume and defend not only itself, but also the City,in connection with any suit or cause of action arising out of the foregoing,and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises,payments,covenants,rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 6. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. 2 D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subconsultant for any portion of any work, then such subconsultant shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty(30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. All certificates (of insurance) must clearly identify the contract to which they pertain,including a brief description of the subject matter of the contract. 7. Assignment of Agreement. It is understood and agreed by both parties that this Agreement,in whole or in part,cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may,at its discretion,terminate this Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then cease and terminate. 8. Examination of Records. Consultant shall maintain books,records,documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 9. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. 3 B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 10. Ownership of Documents. All correspondence, studies, data, analyses,documents, instruments, applications, memorandums and the like, pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse,modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents,City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 11. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested,addressed to the party for whom it is intended,at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Michele C. Mellgren, President The Mellgren Planning Group, Inc. 6555 Nova Drive, Suite 305 Davie, FL 33319 12. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 4 13. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 14. Attorneys'Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including,but not limited to, court costs and reasonable attomeys' fees. 15. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 16. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is apart of this Agreement and each is incorporated by this reference. 17. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable,shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 18. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 19. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in anyway be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 20. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted and available within the appropriate fiscal year budget. Written or electronic authorization to proceed provided to Consultant by City's 5 project manager, as described in Section 1 above, shall serve as written verification that the necessary funds are budgeted and available. 21. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them,alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. 22. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 23. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including,but not limited to, all terms and provisions governing compensation). THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 6 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR IVAN PATO, CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 7 CONSULTANT: WITNESSES: THE MELLGREN PLANNING GROUP,INC. Signature Signature MICHELE MELLGREN, PRESIDENT Print Name Print Name/Title Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2008,by Michele Mellgren, as President, of The Mellgren Planning Group, Inc., a Florida corporation, on behalf of the corporation. She is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: 8 Exhibit "A" CITY OF DANIA BEACH, FLORIDA LETTER OF INTEREST PLANNING CONSULTANT SERVICES NEIGHBORHOOD MASTER PLANS FOR COLLEGE GARDENS, DANIA BEACH HEIGHTS, SUN GARDENS ISLES BID #07-020 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT INSTRUCTIONS TO PROPOSERS 1. GENERAL: The following instructions are given to guide proposers in the preparation of their proposals. For general questions concerning the Letter of Interest (LOI), contact Lou Ann Cunningham in the Community Development Office at 954-924-3645. For information of a technical nature, contact Laurence Leeds, Community Development Department Director at 954-924-3640. Such contact is to be for clarification purposes only. Material changes, if any, to the technical specifications or bidding procedures shall only be transmitted by written addendum. No oral communications shall be relied upon as changing, clarifying or interpreting any provision of this LOI. 2. SCOPE OF WORK: The goal of this LOI is to select a firm that will prepare a Neighborhood Master Plan for each of the following communities: College Gardens, Dania Beach Heights, and Sun Gardens Isles. Each Master Plan shall include the following components: a. Public Participation and Community Outreach. b. Future Land Use, Zoning, Parking, and Design. C. Public Facilities and Amenities. d. Capital Improvements Plan for Public Facilities and Amenities (including identification of available funding sources and implementation schedule). 3. ACCEPTANCE OR REJECTION OF PROPOSALS: The City, in its sole discretion, reserves the right to accept or reject any proposal, in whole or in part, in the best interest of the City. Proposals are subject to review, evaluation, and revision by the City. 4. SELECTION: The City will consider bidders to be responsive and responsible by providing accurate information as delineated. (See Proposal Documents of this LOI Package). Proposers must submit a letter detailing their qualifications and experience and price or cost proposal/structure. Proposers must submit at least five (5) references of other entities that have received similar services. Current contact names and telephone numbers must be supplied. Proposers must submit the Public Entities Crime Form and Non-Collusion Affidavit signed by principals of respondents and dated prior to submission of the proposal. 5. MINIMUM QUALIFICATION REQUIREMENTS: Proposers shall be individuals, firms, corporations, or other legal entities permitted by law to do business in the State of Florida and shall possess the necessary experience and qualifications to perform the planning and consulting services specified in this LOI, including any required registrations,certifications and licenses applicable to their profession or business, if any, required by applicable law, ordinance or regulation. The successful proposer shall currently possess or be able to obtain Professional Liability Insurance in the amount of$1,000,000. The insurer must be licensed to do business in the State of Florida and approved by the City. 1 6. SUBMITTAL REQUIREMENTS: Each Firm desiring consideration for this service shall submit one (1) original and four (4) copies of its LOI, stating qualifications and relevant experience. Multiple LOI's from one Firm are not acceptable and will result in rejection by the City of all LOI's from that Firm. The LOI shall, as a minimum, include the following information: 6.1 Business Structure: Provide description of the general capabilities of the proposer, including information relating to total size and staffing (professional and clerical), responsiveness to city staff,resources, and equipment. 6.2 Provide the resumes of all key personnel who shall be assigned to the project. 6.3 Relevant Experience: Describe experience on projects of similar nature, scope, and duration, performed in a similar urban setting, along with evidence of satisfactory completion, both on time and within budget, for the past five (5) years. 6.4 Lawsuits. Provide a listing of all lawsuits or proceedings involving the proposer within the past five (5) years, including case name and number, court, nature of the action and disposition or status. 6.5 Knowledge and demonstrated experience with principles of neighborhood planning, especially in preparing land use, zoning, and design plans for residentially-based urban neighborhoods. 6.6 Knowledge and demonstrated experience with preparing redevelopment plans for residentially-based urban neighborhoods, including the preparation of financially feasible Public Facility/Amenity Capital Improvement Plans. 6.7 Demonstrated experience with public outreach and community participation programs, especially in terms of consensus building with neighborhood and civic associations as well as residents. 6.8 Subconsultants that may be used on this project. 6.9 Experience and qualifications of project manager and key personnel. 6.10 Estimated cost and time for completion, inclusive of all meetings as stated in the scope of services, including mailing and notification costs, document preparation, graphics and renderings. 6.11 Copies of all licenses, certificates of competency or other documentation required by federal, state or local laws, statutes or regulations required to perform the services described or which demonstrate the proposer's competency to perform such services. 6.12 A statement that the proposer is an equal opportunity employer and that it does not and will not discriminate against any person, employee or applicant for employment on account of race, creed, color, religion, sex, national origin, ancestry, age or disability. 2 All proposals must be signed by a representative who is authorized to contractually bind the proposer. 7. EVALUATION CRITERIA AND PROCEDURES: All submissions will be evaluated based on the information provided in the Letters of Interest. Evaluation criteria will include, but not be limited to, background and experience of the Firm and staff to be assigned to the project and experience of such staff with projects of a similar type and extent and in working with neighborhood planning, community outreach and participation experience, references, proposed cost, and any outstanding or pending lawsuits against the Firm. The City may select for interview a short list of not less than three and not more than six applicants deemed to be the most highly qualified from those Firms submitting Letters of Interest. The City reserves the right to accept or reject any or all proposals, or parts of proposals, to waive any informalities, technicalities or irregularities, to re-advertise for proposals, to request re-proposals or clarifications, or take any similar actions that may be deemed to be in the best interest of the City. The City reserves the right to negotiate a contract with any one or more responsive proposers. 8. POSTPONEMENT OF DATE FOR SUBMITTING PROPOSALS: The City reserves the right to extend the date for the receipt of proposals and will give ample notice of any such postponement to each prospective proposer. 9. PROPOSAL SUBMISSION DEADLINE AND OPENING: Sealed proposals must include one (1) original and four (4) copies of the documents. Proposals must be received by the office of the City Clerk at City Hall no later than 2:00 p.m. on Friday, September 7, 2007. Proposals will be publicly opened at 2:15 p.m. in the City Manager's Conference Room at City Hall. Proposal packets must be sealed, addressed, and clearly marked: City of Dania Beach, City Clerk's Office, "Neighborhood Master Plans", 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004. 3 SCOPE OF PROPOSAL: PLANNING CONSULTANT SERVICES The City of Dania Beach invites qualified Planning Finns and persons to submit a Letter of Interest (LOI) setting forth the proposer's qualifications for providing the following professional planning and consulting services: Preparation of Neighborhood Master Plans for College Gardens, Dania Beach Heights, and Sungarden Isles. It is anticipated that the project work will include the following, without limitation, for each of the neighborhood planning areas. 1. Examination and review of current zoning regulations (including but not limited to density, lot, yard, open space, parking), City Comprehensive Plan, Future Land Use Plan Map, Urban Infill and Redevelopment Area Plan (2003), and applicable Neighborhood CPTED Plans. 2. Examination and review of neighborhood development patterns and trends, including but not limited to, off-street parking demand and supply(public and private property). 3. Examination and review of public infrastructure, including parks, open space, street layout, swale areas, drainage, water, and sewer (Water, sewer, and drainage data to be provided to consultant by the City's Public Services Department). 4. Meetings with city staff to discuss Items 1 — 3 and to review draft neighborhood plans (four meetings). 5. Meetings with homeowner associations, civic groups, and residents to obtain input regarding neighborhood planning, zoning, design and neighborhood amenities (six evening meetings). 6. Presentation and appearance before the Planning and Zoning Board (one evening meeting). 7. Presentations and appearances before the City Commission (three evening meetings). 8. Identification of currently available funding sources, including grants, necessary to implement selected Public Facilities and Amenities for each neighborhood. 9. Preparation of a "financially feasible" Capital Improvement Plan Implementation Schedule for each neighborhood. 10. Preparation of neighborhood plan map, including but not limited to, future land uses, density and intensity of development, building type/design, and location/type of proposed public facilities or amenities. 11. Deliverables to include 20 hard copies and 1 digital copy of each Neighborhood master plan. 12. For all meetings and presentations, Consultant shall provide first class mailed notice to all property owners of record within the neighborhood study areas and homeowner, civic, and neighborhood associations and groups identified by the City. City shall provide consultant mailing list (electronic format) for each neighborhood and blank envelopes. Consultant shall prepare notices, provide postage, and mail notices 15 days before each meeting or presentation. 4 PROPOSAL DOCUMENTS 1. Sworn Statement Regarding Public Entity Crimes 2. Non-Collusion Affidavit 3. References 4. Attachments as described in Submittal Requirements (#6) section of this LOI. 5 CITY OF DANIA BEACH, FLORIDA Sworn Statement Under Section §287.133(3)(a), Florida Statutes Florida Statutes on Public Entity Crimes (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths.) 1. This sworn statement is submitted with Bid, Proposal or Contract Name or No. 2. This sworn statement is submitted by: (name of entity submitting sworn statement) its business address is: Federal Identification Number (FEIN) is: (if applicable) Social Security Number: (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 3. My name is: (PRINT NAME of individual signing this document) and my relationship to the entity is: (President, General Partner, etc. as applicable) 4. I understand that a "public entity crime" as defined in §287.133(1)(g), of the Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that 'convicted" or 'conviction" as defined in Paragraph §287.-133(1)(b), of the Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere (also known as "No Contest'). 6. I understand that an "affiliate" as defined in Paragraph §287.133(1)(a), of the Florida Statutes means: 6 (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima-facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph §287.133(l)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies): Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989 and (Please now indicate which additional statement below applies): There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of 7 Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of General Services) PRINTED NAME DATE Signature (of person who first appears above) STATE OF ) ss: COUNTY OF ) Swom to and subscribed before me on 200, by who (check one) [ ] is personally known to me or [ ] has produced as identification. Notary Public, State of Print or Type Name of Notary Public My commission expires: (Seal) END OF PUBLIC ENTITY CRIMES STATEMENT 8 CITY OF DANIA BEACH,FLORIDA NON-COLLUSION AFFIDAVIT The undersigned Bidder/Proposer has not divulged to, discussed or compared his/her/its Bid /Proposal with any other Bidders/Proposers and has not colluded with any other Bidder/Proposer or parties to this Bid/Proposal whatsoever. Name of City Project: Name of Bidder/Proposer Signature Name (PRINT) Title Date Witness my hand and official notary seal/stamp on the day and year written below. STATE OF FLORIDA ) ) ss: COUNTY OF ) Sworn to and subscribed before me on 200 , by who (check one) [ ] is personally known to me or[ ] has produced as identification. Notary Public, State of Florida My commission expires: (Seal) END OF NON-COLLUSION AFFIDAVIT 9 REFERENCES The following is a list of at least five (5) references from entities for which Proposer has provided similar services in the past five years: Name of Firm, City, County, or Agency: Address: Contact Name and Phone Number: Name of Firm, City, County, or Agency: Address: Contact Name and Phone Number: Name of Finn, City, County, or Agency: Address: Contact Name and Phone Number: Name of Finn, City, County, or Agency: Address: Contact Name and Phone Number: Name of Firm, City, County, or Agency: Address: Contact Name and Phone Number: Additional References may be attached and are encouraged. 10 1 ' Exhibit "A" 1 1MICHELE ME.LGREN ATES, INC. 1 1 1 1 LETTER OF INTEREST 1 Planning Consultant Services Neighborhood Master Plans For College Gardens, ' Dania Beach Heights and Sun Garden Isles City of Dania Beach Community Development Department 1 September 7, 2007 1 Bid: 07-020 1 MICHELE MELLGREN &ASSOCIATES 6555 Nova Drive Suite 305 1 Fort Lauderdale, FL 33317 866.651.PLAN 1 www.mmaplanning.com 1 NMu;eHELE MELLGREN elF:C. )1e)a.cers,AIcr --ASSOCIATES, INC. J'raGrA>ut Pmfessroraal Planahig,zmdte�, and land Use(,-ww,dng.8v,,,hes September 7, 2007 i City of Dania Beach City Clerk's Office 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: Bid #07-020 Neighborhood Master Plans ' Dear Mr. Leeds and Other City Officials: I am pleased to submit this response to your request for letters of interest for ' planning and consultant services to develop neighborhood master plans for College Gardens, Dania Beach Heights and Sun Garden Isles. ' We are a professional planning, zoning and land use consulting company that has successfully undertaken the services that you seek in the referenced bid. Our firm is largely based upon providing excellent service to local governments. As principal of the company, I am actively involved in our projects and have adopted a company philosophy of maintaining "a personal commitment to professional excellence". As a result, I invite your attention to the list of references we have provided and ' encourage you to contact any or all of these government agencies as references for the quality of service that we provide, not only in terms of communication and final work product, but also in terms of completing projects on time and within budget. For this project, we have teamed with Rhon Emest-Jones Consulting Engineers, Inc. and Mary Means & Associates. These firms have extensive experience in traffic planning and capital improvement project analysis, and generating community participation, respectively. Among the key team members from my staff is Jeff Katims, AICP, senior associate. Jeff will take the lead on this project, and I will serve in a consulting capacity to him, analyzing current zoning and land use and proposing capital improvement projects ' based on community input. As part of our professional experience, both Jeff and 1 have worked in management capacities in local government planning departments. 655>vova Droc ♦ SWly 30i ♦ Fort lauderdale,F1.33 W ♦ 954--57530?0 ♦ Fax-9iv-4-iABi0 A mmmoaplanuinp.cmo ' We had the opportunity on more than one occasion to hire and manage planning consultants. So, we know and appreciate your expectations. When you review our project references, you will also note that we have prepared neighborhood and regional master plans for other local governments. Our experience with these projects, in addition to our professional experience as staff planners, underscores our understanding of the importance of constant communication and feedback in order to deliver a work product that reflects the ' needs of the community at every level. In summary, we have the experience that will serve you best. We are a local firm headquartered in Broward County, making us easily accessible and knowledgeable on local issues that your City faces. We would very much appreciate the opportunity ' to meet with you and further discuss how we can provide the services that you need. Very truly yours, ' Michele C. Mellgren, AICP 1 1 1 Table of Contents 1 1 Project Overview 1 1 6.1 Business Structure 2 6.2 Resuni of Key Personnel Assigned to the Project 3 1 6.3 Relevant Experience 6 6.4 Lawsuits 7 1 6.5 Experience With Principles of Neighborhood Planning 8 6.6 Knowledge and Demonstrated Experience With Preparing Redevelopment Plans 10 1 6.7 Demonstrated Experience With Public Outreach 11 6.8 Subconsultants 12 1 6.9 Experience of Project Manager and Key Personnel 16 6.10 Estimated Costs and Completion Time 22 1 6.11 Licenses 23 1 6.12 EDE Statement 25 APPENDIX 1 Sworn Statement Under Section 287.133(3)(a), Florida Statutes-Florida Statutes on Public Entity Crimes Non-collusion Affidavit 1 References 1 1 1 1 1 i MICHELE MELLGREN 8 ASSOCIATES Project Overview ' The City of Dania Beach desires to have a neighborhood master plan developed for three of its older neighbor- hoods-College Gardens, Dania Beach Heights and Sun Garden Isles.The city seeks to identify potential capital improvements that correspond with the neighborhoods'needs,as well as identify property for future residential and commercial land uses, plan for future parking and traffic flow, and develop landscape design plans for residential, commercial and public uses. ' The team of Michele Mellgren &Associates, Rhon Ernest-Jones Consulting Engineers, Inc., and Mary Means& Associates have in-depth experience and expertise in neighborhood planning, land use analysis,zoning code con- formity, zoning codewriting, economic analysis and community visioning. ' We successfully mobilize active community participation through direct mail,including churches,community groups and homeowner associations to Identify and take ownership of needed neighborhood improvements. Based on community comments and working in conjunction with the city's planning department, we analyze ex- isting land uses and zoning and develop a plan to modify uses and zoning to conform with the neighborhoods' practical goals and recommendations. Our team will inventory and determine the quality of the existing public facilities in the neighborhoods, and develop a plan for improvements,additions and modifications to those facilities.In addition,we will identify areas where ad- ditional public facilities and amenities can be located that will compliment and enhance the appearance and serve the needs of the current and future residents of the three neighborhoods. Drawing on our land planning and engineering experience,we will determine a capital cost to each of the proposed public facilities and amenities, identify possible funding sources to support possible land or right-of-way acquisition and the expected maintenance costs of the services and amenities, and develop a proposed timeline based on ' funding availability for implementing the capital improvements. 1 Letter of Interest-Dania Beach Planning Consultant Services 1 1 MICHELE MELLG7ENEN&ASSOCIA70 6.1 1 Business Structure 1 Corporate Status 1 Established in 1998 as a Florida corporation, Michele Mellgren &Associates, Inc., is owned by Michele Mellgren, AICP, President. 1 Florida Corp. Registration: P98000089421 FEI Number: 650873541 1 Contacts Address: 6555 Nova Drive Suite 305 1 Fort Lauderdale, FL 33317 Telephone: 954.475.3070 1 FAX: 954.475,9650 website: www.mmaplanning.com 1 President: Michele Mellgren michele@mmaplanning.com 1 Sr. Associate: Jeff Katims jeff@mmaplanning.com 1 1 1 1 1 1 1 1 Letter of Interest-Dania Beach Planning Consultant SMices 2 1 MICHELE MELLGREN&ASSCC/ATES 6.2 Key Personnel Assigned To Project MICHELE MELLGREN &ASSOCIATES ' Since 1998, Michele Mellgren &Associates has helped communities gain control over a number of complex land use issues such as rapid growth, changes in community character, loss of open space, gentrification, affordable housing, redevelopment and infill, economic and community development. The firm currently employs 14 profes- sionals, including GIS and mapping experts, and support staff. All of our professional planners have master's de- grees in urban and regional planning from planning programs accredited by the American Planning Association. Michele Mellgren,A1CP ' Principal Ms. Mellgren has extensive experience In all phases of planning,zoning and land use matters, providing services to a number of local governments and private clients. Her experience includes undertaking land use plan amend- ments;rezonings;variances; redevelopment plan preparation;development research;economic impact and hous- ing analysis; zoning code and land development code preparation, interpretation and application; and, providing expert witness testimony. She has provided expert witness testimony in more than 500 public hearings and has also qualified as an expert witness in circuit court.She also serves as the planning and zoning official for the Town of Southwest Ranches,Florida. Ms.Mellgren worked from 1994 to 1998 for the Town of Davie,where she was the director of development services and was responsible for preparing and administering the comprehensive plan, the zoning code and land develop- ment regulations. From 1989 to 1994 she worked for the City of Fort Lauderdale as development programs man- ager.Before joining the public sector in Florida, Ms. Mellgren served in the private sector in the Washington, D.C., area from 1985 until 1989,working for Dewberry&Davis,and for Winchester Land,a land development and home building subsidiary of the Weyerhaeuser Company. Michele Mellgren, AICP, holds a master's degree in urban and regional planning from The George Washington University,in Washington, D.C., and a is a member of the American Institute of Certified Planners,American Plan- ning Association,and Florida and Broward County American Planning Association.Her recognitions include invited member of the Florida Department of Community Affairs Evaluation and Technical Advisory Committee (2004), ' professional leadership to Fort Lauderdale's planning department(2001),and Habitat for Humanity Harmony Village Certificate of Appreciation(1996). Jeff Katims,AICP Senior Associate Mr. Katims has more than 14 years of public and private sector experience in urban planning,zoning and land use, including providing expert witness testimony. He undertakes land use plan amendments; rezonings; variances; development research; zoning code and land development code preparation, interpretation and application; and, providing expert witness testimony. He also serves as the assistant planning and zoning official for the Town of Southwest Ranches, Florida, including serving as the town's expert witness in quasi-judicial land use matters, as necessary. Mr.Katims worked from 1996 to 2001 for the Town of Davie,where he ultimately served as the planning and zoning manager. From 1993 to 1996 Mr. Katims worked for the City of Hallandale Beach as an associate planner. From 1991 to 1993, Mr. Katims provided professional planning services to the Albany Dougherty Planning Commission in ' Atbany.Georgia,administering multiple city and county zoning and subdivision regulations; analyzed land develop- ment applications;and,prepared and implemented the countyls first ADA para-transit plan. Jeff Katims, AICP, holds a master's degree in urban and regional planning from the Florida State University. He completed the Virginia Polytechnic Insttute's Academy for the New Urbanism, Form-based Codes Institute. He is a member of the American Institute of Certified Planners,American Planning Association,and Florida and Broward County American Planning Association,and is certified eligible for Group 13.6 work by FDOT. i Letter of Interest-Dane Beach Planning Consultant Services 3 MICHELE MELLGREN&ASSOCWTES 6.2 Peter S.Dokuchitz,ITI,AICP Senior Associate Mr. Dokuchitz prepares FARs, land use amendments, rezoning applications, and develops site plans. Prior to MMA,he was the principal planner for the City of Plantation,where he oversaw the management of Federal(CDBG/ HOME)and State Housing Initiative Partnership(SHIP)grant funds. While at Plantation he helped the community redevelopment agency to secure funding primarily through CDBG program funds for infrastructure improvements and landscape enhancements. He was instrumental in processing a land use amendment to create a local activ- ity center land use to allow a mix of uses to directly benefit the future economic health of the Plantation Gateway Development/CRA District. Mr.Dokuchitz earned his master's degree in urban and regional design from Florida Atlantic University.He is a mem- ber of the American Institute of Certifed Planners,American Planning Association,and Florida and Broward County American Planning Association. ' Swad Meshram,A1CP,FrrP Associate Planner Ms.Meshram works on a variety of projects including FAR-based amendments,land-use amendments and several site design projects.She also has experience working on rezoning, amendments to Developments of Regional Im- pact(DRI), annual reports for DRIs and due diligence reports. In addition to design, she has used GIS to conduct spatial and visual analyses to recommend road alignments, infrastructure alignments based on visibility,and disaster mitigation plans for several communities. Her skills also in- clude preparing graphics depicting processes,alternatives and impacts in easy to understand,static and animated, visuals for public participation programs. Ms. Meshram, AICP, FITP, holds a master's degree in environmental planning from Arizona State University. She ' is a member of the American Institute of Certified Planners,American Planning Association, and Florida American Planning Association. G.Sasha Forbes ' Associate Ms.Forbes is an expert in community development and the affordable housing sector.Ms. Forbes has implemented an impact fee assistance program and executed SHIP disaster strategies to provide financial relief for families whose ' homes were affected by Hurricane Francis. Ms. Forbes has updated local housing assistance plans, surveyed and created lender guidelines,coordinated community activities,assisted in research for land use amendment ap- plications and created a development of regional impact database. While working with the South Florida Regional Planning Council and the City of Lauderdale Lakes, Ms. Forbes assisted with community visioning charettes for ' the Town of Davie and the City of Plantation. Ms. Forbes organizes community-visioning workshops and manages and prepares state-mandated evaluation and appraisal reports and FAR-based amendments. She undertakes the affordable housing needs assessment and housing inventory data required for comprehensive plan updates. Ms. Forbes holds a master's degree in urban planning from the University of Florida. Travis Schenk Associate Mr.Schenk assists in the preparation of FARs for various cities,and updates zoning codes for Florida municipalities. ' As part of the ongoing planning services that the firm provides for the Town of Southwest Ranches, he prepares public hearing items for town council meetings that include variances,plats and site plans.He is also responsible for responding to general questions from the public regarding zoning requirements, and reviews building permit appli- cations for compliance with the zoning code.Travis Schenk holds a master's degree in urban and regional planning from Florida Atlantic University. Travis Minch Associate and North Florida Manager Mr. Minch prepares E4Rs, FAR-based amendments, comprehensive plan and land use plan map amendments, rezonings,plats,variances,site plans,code rewrites and general research.He has also served as a principal planner for local governments on an interim basis.Travis Minch holds a master's degree in urban and regional planning from Florida Atlantic University and a bachelor's degree in public administration from the University of Central Rorida. Prior to joining Michele Melgren&Associates, Mr.Minch lived and worked in the Orlando area for five years. I Letter of Interest-Dana Beach Planning Consultant Services 4 MICHELEMELLGREN 8 ASSOCIATES 62 ' Josh Ooyman Associate Mr. Ooyman provides full GIS and mapping services, and prepares FAR-based amendments. He has assisted lo- cal governments and businesses to create solutions to urban and regional planning issues through GIS analysis and map generation. He has also served in the capacity of urban planning research assistant, undertaking data research for spatial planning on housing rental costs and population; evaluating comprehensive plans with a focus on economic policies,demographics. Mr. Ooyman earned his master's degree in urban and regional planning from ' Florida Atlantic University. Dawn B.Teetsel ' Associate Ms.Teetsel provides current and long-range planning solutions, interprets zoning regulations for clients, conducts public meetings and presentations, and provides site plan and building permit review for consistency with land development regulations, technical review of development proposals, and all phases of comprehensive planning, ' including FARs and FAR-based amendments. Ms.Teetsel earned her bachelor's degree in urban and regional plan- ning from Florida Atlantic University,and will complete her master§in December 2007. 1 1 Letter of Interest-Dads Beach Flanrdng Consultant Services 5 MICHELEMELLGREN&ASSOCIATES 63 Relevant Experience The following projects were undertaken and successfully completed to the satisfaction of our clients by Michele Mellgren&Associates since 2002.All of the projects were completed on time and within the terms and conditions ' of the contract with the respective municipal clients. References are available. Current Projects City of Pinellas Park, FL: Prepare zoning regulations ' Miami Shores Village, FL: Prepare zoning code regulations City of Oakland Park, FL: Analyze current neighborhood appearance and land use compatibility issues in order to prepare zoning code and land development regulations 2007 Town of Davie, FL: Prepared Regional Activity Center zoning and land development regulations ' Tamarac, FL: EAR-Based Comprehensive Plan Amendments North Miami, FL: EAR-Based Comprehensive Plan Amendments Plantation, FL: EAR-Based Comprehensive Plan Amendments ' 2006 Town of Southwest Ranches, FL: Prepared revisions to the unified zoning and land development regulations Miami Shores Village, FL: EAR Based Comprehensive Plan Amendments Wilton Manors, FL: Evaluation and Appraisal Report of the Comprehensive Plan Pompano Beach, FL: Federal Highway Corridor Study Lighthouse Point: Federal Highway Corridor Study ' 2005 Southwest Ranches, FL: Analysis of the Affordable Housing Plantation, Florida: Evaluation and Appraisal Report of the Comprehensive Plan ' 2004 Town of Southwest Ranches. FL: Prepared unified zoning and land development regulations Plantation, FL: Local Activity Center(LAC) Land Use Plan Amendment 2003 City of Wilton Manors. FL: Prepared unified zoning and land development regulations Lauderdale-By-The-Sea.FL Prepare unified zoning and land development regulations Letter of Interest-Darwa Beach Planning Consultant Services 6 MICHELE MELLGREN&ASSOCIATES 6.4 Lawsuits ' Michele Mellgren&Associates has not been involved in nor is it a party to any lawsuits or proceedings during the past five years. Letter of Interest-Dania Beach Planning Consultant Services 7 MICHELE MELLGRM&ASSOCIATES 6.6 Knowledge & Experience i PRINCIPLES OF NEIGHBORHOOD PLANNING ' Neighborhood planning is initiated by the neighborhood's residents, the community's elected representatives and the city's planning staff. As consultants, Michele Mellgren &Associates will assist the planning staff to facilitate neighborhood participation in College Gardens, Dania Beach Heights and Sun Garden Isles, helping to get many ' people and perspectives involved in the neighborhood planning process. Michele Mellgren&Associates will act as an enabler and facilitator for the neighborhood stakeholders to identify and prioritize problems,needs and concerns as they see them, as well as potential solutions and unrecognized opportunities. MMA will help the neighborhood articulate and prioritize these things,as well as the development of various strategies for addressing the above. Why is neighborhood involvement important? Neighborhoods are the building blocks of communities. Planning at the neighborhood level is democratic governance at its most fundamental and effective form. Without the Involve- ment of residents, business owners and community organizations(ex: places of worship), well-intentioned capital improvements,policy changes and regulations may not reflect the neighborhood's collective perception of its needs and priorities,and are less likely to be embraced by the neighborhood. ' Moreover, in the absence of an inclusive neighborhood planning process, the City misses a major opportunity to demonstrate to its citizens that they have the collective power to affect positive change;to empower its citizens to care for their neighborhoods and take initiative for their betterment;to learn from their residents,; organizations and business owners;and, ultimately better serve all of these entities. ' As a result of a successful neighborhood planning process, which MMA defines as being an ongoing process through establishment or reinforcement of permanent neighborhood organizations, neighborhoods may better be ' able to organize and mobilize after having some successes at affecting change, a heightened recognition of com- mon interests, and an organizational structure and level of communication both with the City and each other that didn't previously exist. ' Elements of the Plan Land Use and Zoning ' A land use plan proposes the future distribution, location, and variety of land uses and open spaces in neighbor- hoods and on their periphery. Land uses include residential, retail, office, industry, open space, and recreation space.The plan serves as a tool for preserving,strengthening and revitalizing a neighborhood through compatibility of land uses and the development form they take,and improving community appearance. Recommendations may ' include changes in such regulations as commercial and recreational vehicle parking, accessory uses and buildings, landscaping, buffering and screening requirements, building mass, height and/or orientation standards, and other site and building standards intended to improve compatibility, meet community needs for services and amenities, and enhance overall neighborhood livability. Transportation Transportation and mobility issues are vitally important to neighborhoods. The different transportation systems ' within the neighborhood - sidewalks, roads, public transit routes, bicycle lanes, pedestrian paths and open space or parks - should be examined and discussed through out the process. Planners should determine how these transportation routes function within the neighborhood, as well as how they connect to the rest of the city. The neighborhood plan can recommend improvements to existing parks or the creation of new neighborhood parks and ' other recreational amenities. Infrastructure This portion of the plan addresses needs for drainage,sidewalks,recreational facilities,lighting,access,and parking and results in recommendations for capital improvements to be prioritized and which may be funded in a variety of ways,to be identified in the plan. Letter of Interest-Dania Beach Planning Consultant Services 8 MICHELE MELLGREN&ASSOCIATES 6.5 ' Neighborhood Design Guidelines The neighborhood design guidelines are guides for building rehabilitation and new construction, suggesting ways buildings can harmonize with and enhance their surroundings.The guidelines are not intended to limit development or innovation within the neighborhood planning area, but rather, serve as suggestions that offer architectural direc- tion to property owners and builders. Following the suggestions of the Neighborhood Guidelines is often voluntary. ' Format The main body of the Neighborhood Plan is made up of Goals,Objectives, and Recommendations, each element being more specific than the one preceding It. ' Goals: At the beginning, stakeholders and planners brainstorm broad goals for the future of the community.These should encapsulate the desired outcomes of the neighborhood plan, and should be expressed as general state- ments.An example goal: Enhance and preserve existing open space,parks, and the natural environment. ' Objectives: The plan's objectives provide details about the goals of the plan. When possible, these statements should be expressed in measurable terms. An example objective: Increase and preserve green space—pocket parks/neighborhood greens,public rights-of-way,etc.—in areas where it is needed and desired. Recommendations: Recommendations should be as specific as possible.An example of a recommendation that dearly states an action required to implement the objective of increasing and preserving greenspace could be the development of linear parks along the Dania Cut-off canal. Toward the end of the process, stakeholders will be asked to prioritize action items. This is very important when there are several expensive action items such as building a new public pool or greatly expanding the sidewalk net- work.By establishing priorities,a neighborhood can help frame decisions in terms of what should take place first. Understanding What the Recommendations WIN Cost Michele Mellgren&Associates develops capital cost estimates and identifies possible federal,state and local fund- ng sources prior to the plan's presentation to the planning commission and city council. Cost estimates play a role in the city council's decision to adopt a plan, but more than anything, cost estimates de- termine what is and what is not done once a plan is adopted. Priority rankings direct city departments and neighbor- hood stakeholders where to focus their energy, but funding limitations are sometimes insurmountable, particularly during this period of tax rollback.Being flexible and creating practical altematives are two of the surest ways to see a neighborhood plan come to life, since city resources are always in flux. In order for a neighborhood to achieve its ' goals in the fastest amount of time possible, stakeholders and planners should look for creative alternatives to big ticket items. Neighborhood Review Neighborhood plans should be thoroughly reviewed and endorsed by members of the community.There are numer- ous opportunities for members of the neighborhood to voice their opinions and thoughts throughout the process. ' Dialogue will occur during neighborhood meetings and public hearings. Michele Mellgren&Associates will organize and facilitate neighborhood meetings to receive comments on the neighborhood plan. It will notify residents of pub- lic meetings through direct mail. City Staff Review Michele Mellgren&Associates, working in conjunction with city staff from various city departments develop cost estimates for the plan's recommendations—especially those that are costly to implement.They also review recom- mendations for feasibility.All recommendations will be included in the final draft of the neighborhood plan. Michele Mellgren&Associates evaluates the recommendations consistency with adopted city policies and regula- tions,and recommends amendments to the comprehensive plan(including Capitel Improvement Element)and land ' development regulations,as appropriate.The final draft of a neighborhood plan might be revised following city staff review. ' Letter of Interest-Dade Beach Planning Consultant Services 9 MICHELE MELLGREN&ASSOCIATES 6.6 Planning Board Review Once Dania Beach city staff has reviewed the neighborhood plan and the necessary changes have been made,the ' plan is ready to be reviewed by the city planning board. Michele Mellgren&Associates will make a formal presenta- tion of the plan and its recommendations. Regulatory recommendations maybe in ordinance format at this time if desired by the City. Michele Mellgren&Associates will consider public comment and planning board recommenda- tions,which we will help formulate and articulate. ' Adoption by City Commission Once it receives a recommendation from the planning board, the neighborhood plan and recommendations will ' be presented by Michele Mellgren &Associates and the city planning staff to Dania Beach City Commission for adoption.The plan's recommendations will include a specific schedule of implementation, providing the city with a step-by-step action plan. 1 ' Letter of Interest-Dania Beach Planning Consultant Services 10 MICHE EMELLGREN&ASSOCAM 6.7 Knowledge & Experience PREPARING DEVELOPMENT PLANS ' Michele Meligren&Associates has extensive experience preparing development plans, and Rhon Ernest-Jones Consulting Engineers is a recognized leader in transportation planning.With Mary Means&Associates,we offer a strong combination of resources to facilitate community involvement and input,analysis of existing land uses, recommendations for potential land uses, and presentation development. ' Our expertise in the neighborhood master and small-area development plan preparation, as well as plans for redevelopment and housing have helped rapidly growing and gentrifying municipalities gain control over current development issues,and create long-range plans for future growth and development. ' Our community outreach and visioning workshops have enabled fractured communities to achieve consensus on current and future development and move forward with community development and redevelopment. ' Michele Mellgren&Associates has successfully provided governments with: • Zoning code and land development regulation writing and evaluation that provides an understanding of the Impact of current and future regulations on stimulating mixed uses,preserving open space and envi- ronmentally sensitive areas,providing a choice of housing types and transportation modes,and making the development review process more predictable. • Public participation and consensus building to Involve citizens in developing a vision for the community's future. ' • Corridor studies that plan for the revitalization of blighted and underperforming business districts to promote community identity, and by incorporating transit oriented developments and roadway improve- ments. • Evaluation and appraisal reports that help successfully address major community land use planning ' issues through evaluation of their comprehensive plan.Our clients have included the Village of Miami Shores,and the cities of Parkland, North Miami Beach,Sunrise and Tamarac. • Development review—the implementation aspect of the planning process where the policies, land uses, zoning activities and design guidelines are joined to ordinance requirements, private market development proposals, and professional land-planning practices. For example, in the Town of Southwest Ranches, FL,we were retained to write the town's unified land develop- ment and zoning codes.(We also serve as Its outsourced planning and zoning department.)Community involve- ment and consensus building was one of the biggest challenges throughout the unified land development and zoning code process because,until incorporation,the Ranches was loosely regulated and largely ignored by the county.The area incorporated to stop encroaching urbanization and to preserve its rural tdestyle.Educating the ' community about the importance of some regulations was key to our success.Our approach was to make sure that citizens understood that regulating some of their"freedom to"do certain things would ultimately protect them from the"freedom from"overbearing and inappropriate development patterns.We conducted community meet- ings,organized citizen committees to evaluate proposed zoning codes, reviewed and explained the possible out- comes of decisions to citizens,and produced a final draft that was adopted by a newly constituted Town Council. In North Miami Beach,we used computer animation to help the community residents visualize how redevelop- ment of a downtown area would appear in the future, and presented the city's government with visual options for ' height and density. Our community involvement process allowed neighborhood residents to comment on and to develop consensus on a new land use plan,and to proceed with rezoning certain areas to encourage higher Intensity commercial and denser residential development, while protecting the surrounding area's single-family neighborhoods. ' A member of our team, Rhon Ernest-Jones Consulting Engineers, wrote the City of Dania Beach Redevelop- ment Plan,wherein they conducted community visioning meetings, identifying redevelopment issues,developing a conceptual sector plan,and drafting the text of the redevelopment plan.The firm also worked for the Town of ' Miami Lakes to develop a comprehensive cost/benefd study of annexation key issues, including an increase in cost to provide municipal services,land use issues,projected ad valorem tax revenues,service provider analysis, and necessary Comprehensive Plan amendments. it also has worked on comprehensive plan amendments for the City of Sebastian, Marco Island,Glades County,and others. ' Letter of Interest-Dania Beech Planning Consultant Services 11 MICHELE MELLGREN&ASSOCIATES 6.8 Public Outreach COMMUNITY PARTICIPATION PROGRAMS ' The Michele Mellgren and Associates team has extensive experience in successfully mobilizing community involve- ment in neighborhood planning and consensus building, including: ' • Albany-Dougherty Paratransit Plan(ADA compliance). Jeff Katims coordinated a public participation campaign as required under Federal law,to involve the disabled community in the creation of the City/County paratransit plan. • Hallandale Beach Fashion Row Plan -business association ' • Davie: RAC, Employment Center, Estate Res.LUPA initiatives • Davie Griffin Corridor Plan and Regulations-consensus building ' • Rural Character Preservation outreach • Wilton Manors sign code business outreach -business associations • TSWR code revision outreach -consensus building ' North Miami outreach-consensus building • Oakland Park outreach -consensus building • Developer-sponsored HOA outreach for Centex ' Mary Means&Associates has the following experience in mobilizing community involvement: Hiawatha LRT Station Designs, Minneapolis, MN. Working with transit planners, engineers, and a design team ' composed of 5 local architecture firms,MMA planned and managed an Intensive,community-based process for the design of 15 stations along Minneapolis's first light rail line. With the team and key community leaders, we struc- tured an engagement and outreach process organized around three, large-scale community design workshops. ' The events provided forums for the discussion of issues and ideas at key stages in the design process. Stakehold- ers worked directly with designers to develop,test and refine design alternatives. Future Little Rock Vision Plan,Little Rock,AK.MMA designed and managed this large-scale community goal setting ' process. It led to widely supported change of governmental structures and a consensus that crossed traditional racial and political boundaries,enabling constructive progress on downtown and neighborhood issues. Cross-County MetroUnk Expansion Civic Engagement Strategy,St. Louis, MO. MMA was hired by a regional plan- ning agency, Fast-West Gateway Coordinating Council, to design and implement a civic engagement process for the westward extension of MetroLink, the highly-successful Light Rail Transit system for St. Louis. MMA and its team were responsible for all public engagement and communication activities. Activities included open houses, public forums, and community briefings.A range of communlcatlon tools Including a web site,video, newsletters, ' newspaper tabbid Inserts,and editorial board briefings. Vision 20/20,Savannah-Chatham County,GA. MMA designed and managed this very successful community goal- setting effort that received a Ford Foundation Urban Innovations award for its creative outreach vehicles, which ' Included an electronic town meeting with 90,000 participants. ' Letter of Interest-Dads Beach Planning Consultant Sevkes 12 MICHaEMELLGREN&ASSOCIATES 6.8 Subconsultants ' PARKING & PUBLIC FACILITIES AMENITIES RHON ERNEST-JONES CONSULTING ENGINEERS, INC. ' REJCE provides high quality professional, civil engineering, transportation planning and traffic engineering, land planning and landscape architecture services for both private and public sector clients, predominantly specializing in land development,government services and building construction projects.The fine also provides environmental engineering and litigation support,including expert witness services.We have completed transportation projects for Everglades Corporate Center, Boca Village, Highlands County, Mt.Sinai Medical Center, and land planning projects for the City of Darla Beach,Town of Miami Lakes,City of Sebastian and Marco Island. S.Rhon Ernest-Jones,P.E.,AICP,CGC ' President S. Rhon Ernest-Jones, P.E.,AICP,established his Coral Springs,FL,firm in 1992. He is responsible for the overall management of the firm and all professional civil engineering, land planning,transportation engineering and project management services for land development projects, FDOT/County eminent domain appraisal contracts, expert ' witness services and due diligence reports. His career has included numerous transportation projects both as stand-alone projects and as a component of ' large-scale land development projects. Recent projects included modifications to expressway interchange,access management,traffic signal studies,design of traffic and pedestrian signals,intersections analysis and parking stud- ies ' During the 13 years prior to starting REJCE, he worked for a major South Florida engineering firm where he per- formed engineering and project management on numerous land development, waterfront, highway, parks, and public sector projects. He was involved in numerous traffic studies and coordinated projects approval with different agencies. Mr. Ernest-Jones began his career in London and Bristol, England,as a design engineer and resident ' engineer. He earned his bachelor of science degree in civil engineering from Nottingham University, England, is a registered professional engineer in Florida,certified land planner-AICP, chartered engineer-European Community, certified general contractor, and is a member of the American Planning Association, American Society of Civil Engineers, Institution of Civil Engineers(UK), and Lambda Alpha Society, member, and serves on the Coral Springs Planning and Zoning Board, chairman,and Leadership Broward board of directors. ' Aian L.Tinter,P.E. Division President Mr.Tinter Is responsible for all traffic and transportation engineering services. Prior to joining REJCE in July 2007, ' Mr. Tinter was the principle-in-charge of Tinter Associates, Inc. For over 20 years, the firm provided transporta- tion expertise to both private and public clients. Services included the preparation of parking and traffic studies; the completion of traffic engineering plans, such as signalization, lighting, channelization, pavement marking and signing plans. Expert testimony was provided to clients to present findings to governmental agencies, including planning and zoning boards, city commissions, county commissions, administrative hearings, courts and other regulatory bodies. He previously was the vice president in charge of a large South Florida consulting firm,and partook in roadway de- ' sign projects to Included the Sawgrass Expressway, Royal Palm Boulevard reconstruction in Margate,Wiles Road improvement in Coral Springs and various Broward County bond projects. Mr. Tinter earned a master of science in management engineering from the University of Bridgeport,a bachelor of science in engineering from the University of Connecticut, and is a registered professional engineer in Florida and Connecticut. He is member of the Institute of Transportation Engineers, National Society of Professional Engineers, American Society of Civil Engineers and the Florida Engineering Society. Letter of Interest-Dada Beach Planning Consultant Services 13 MICHELE MELLGREN 8 ASSOCIATES 6,8 ' Yves S.D'Anjou,P.E. Division Vice President Mr. D'Anjou Is responsible for all traffic and transportation engineering services.Prior to joining REJCE, Mr. D'Anjou ' was director of traffic engineering projects at Tinter Associates, Inc. These included traffic and parking studies, preparation of engineering plans, estimates and specifications, concurrency assessments and development of mitigation techniques. Provided expert witness testimony to both private and governmental clients in court and at city and county commissions, planning and zoning boards, administrative hearings and other regulatory boards. Assisted in the mediation of transportation-related issues between parties involved in eminent domain proceedings. Mr. D'Anjou responsibilities have Included the direction and supervision of various traffic engineering assignments as consultant to both private and governmental clients. ' Mr. D'Anjou earned his bachelor os science degree in civil engineering from the University of Vermont, and an as- sociate degree in architecture from Vermont Technical College. He is a registered professional engineer in Florida and Massachusetts, and is a member of the Institute of Transportation Engineers,National Society of Professional Engineers, and the Florida Engineering Society. Craig L.Bencz,AICP Vice President,Director Of Planning ' Mr. Bencz has lead responsibility for project and team coordination for urban planning and related projects, includ- ing:community revitalization/redevelopment(CRA finding of necessity reports and redevelopment plans); land use and comprehensive plan amendments; site planning; entitlement approvals; due diligence; feasibility studies; and platting. Mr. Bencz has over 10 years of experience as a planner with considerable experience in redevelopment, compre- hensive,and current(entitlement)planning. Prior to joining REJCE, Mr. Bencz was the planning director of a civil engineering fine in South Florida with project experience ranging from entitlement planning (rezoning, site plan ' approval, etc.)to land use plan amendments and feasibility studies. Mr. Bencz managed the City of Eustis ORA program,and was responsible for a successful streetscape program,the identification and protection of a number of historic structures, a demolition and redevelopment program for abandoned and dilapidated structures, land development regulation amendments, and a number of other redevelopment initiatives. Mr. Bencz holds a master's ' and bachelor's of public administration from the University of Central Florida,Orlando. Edward J.Kant,RE ' Senior'hansportation Engineer Responsibilities includes traffic studies,traffic signal design and major roadway modifications for various projects. He has liaison between city,county,FDOT,Turnpike, and mass transit staff on several projects. Mr.Kant previously served as a project manager on major transportation, civil, and land development projects. Fie has reviewed and authorized of capital projects,including engineering quality control and budgeting;management of road and bridge maintenance department activities Mr. Kant holds a bachelor of science degree in civil engineering from Carnegie Institute of Technology,and has taken graduate classes at Yale Uriversity.He is a registered professional engineer In Florida,and holds FDOT maintenance of traffic and FDEP stormwater management BMP inspection certifications. ' He is a member of the Institute of Transportation Engineers(ITE)-Fellow, Florida Urban Traffic Engineers,and the American Public Works Association. Robert W.Brindiey ' Senior Associate Robert Brindley is a senior associate with the firm and is responsible for all traffic and transportation engineering ser- vices.With more than 47 years engineering experience working on a range of transportation,space launch vehicle, telecommunication,forensic and environmental projects for governments and private firms. He has conducted traf- fic and parking studies, Including signalization, lighting,channelization, pavement marking and signing plans. Some of Mr. Brindley's experiences include chief design engineer for the Miami-Dade Intelligent Corridor System ' -the first application of Intelligent highway systems in Florida; control center designer for the system including liai- son with the FHOA, FDOT FDLE and FHP; producing a risk management plan incorporating the EPA and OSHA requirements for the municipal water system for the Town of Jupiter, Florida; design support of computerized transportation network In Denver,CO and the people mover system in Paris, France;and has performed extensive ' analyses and support for the Hampton Roads Intelligent Highway System in Virginia. Mr. Brindley is recognized for his transportation planning expertise, having worked with and promoted inter-agency cooperation on the Boston Central Artery Project,Boston Southeast Expressway HOV System, Dallas Area Rapid Transit System(DART),and the Baltimore Transit System. Letter ollnterest-Denia Basch Planning Consultant Services 14 MICHE E MELLGREN&ASSOCIATES 6.8 Mr. Brindley holds a bachelor of science in industrial engineering from the University of California, an Engineering Management Certificate from Drexel University, and an Engineer as Manager Certificate from the American Society of Civil Engineers. He is a member of ITS America, Transportation Research Board,Society of Manufacturing En- gineers,American Public Transportation Association, National Rra Protection Association,and the American Water Works Association. Dennis J.Miller Senior Associate Mr. Miller is responsible for all traffic and transportation engineering services. Prior to joining REJCE, Mr. Millers responsibilities included coordinating the completion of various transportation-related studies and analyses for both public and private sector clientele, Including the preparation of transportation sections of Applications for Develop- ment Approval(ADA),traffic impact studies,concurrency evaluations,feasibility studies,access management stud- ies and the design and preparation of signing,signalization and pavement marking plans. Additional duties include the evaluation of site impacts pertaining to the acquisition of property for roadway construction purposes Mr.Miller ' has also had experience In DRI analyses, corridor studies and signal justifications and design for both large and small scale projects for the public and private sectors. He Is a member of the Institute of Transportation Engineers, and attended Broward Community College. ' Sandeep Obuiareddy,E.I. Associate Mr. Obulareddy assists project teams with the development of traffic studies and major roadway modifications. Li- aison between city,county,FDOT Turnpike Authority and mass transit staff on several projects. He has performed travel demand modeling for the City of Baton Rogue using TransCAD 4.5 to forecast travel patterns for the year 2020,He earned master's and bachelor's degrees in civil engineering from Louisiana State University,Baton Rogue, and a bachelor of science in engineering from Andhra University,Andhra Pradesh,India. ' Shourie Kondagari,Ed. Associate Mr. Kondagari assists the project team in the development of traffic studies and major roadway modifications. Uaison between city, county, FDOT Turnpike Authority and mass transit staff on several projects. Prior to joining REJCE, Mr Kondagari worked as a graduate research assistant with the Department of Civil and Environmental En- gineering at Louisiana State University. Mr.Kondagari completed a travel demand modeling for City of Baton Rouge using TransCAD 4.5, developed a traffic impact study for setting up a Wal-Mart in Baton Rouge, and performed ' travel demand modeling and used Synchro simulation software to visualize different traffic patterns, signal timing and cycle length schemes,and designed a transit schedule service. He also updates analysis of land use inventory using GIS. Mr. Kondagari earned his master of science in civil engineering from LSU, Baton Rouge,and a bachelor of science in civil engineering from Osmania University,India. He is a member of the American Society of Civil Engi- neers,(ASCE), and Institute of Transportation Engineers(ITE). Letter ofInterest-Dania Beach Planning Consultant Services 15 MICHELE MELLGAEN S ASSOCIATES 6.9 PUBLIC PARTICIPATION ' MARY MEANS &ASSOCIATES Mary Means&Associates, applies more than 25 years of experience, knowledge and insight to each client's as- signment and leads a core team of results-oriented colleagues. MMA is skilled at unraveling complex issues and ' working with multiple organizations to find shared benefit or to negotiate workable solutions.Over the last decade, MMA's assignments have involved heritage tourism, downtown revitalization, growth management and economic competitiveness. Her clients have included Arlington County, VA, Boonesboro, MD, Cape Cod Chamber of Com- merce, the Colorado Tourism Office, Emory University, Mooresville, NO, and the South Carolina Dept. of Culture, Recreation and Tourism. Mary Means Principal Mary Means is responsible for all of MMA's community planning and public engagement.She has 30 years exper- ence in community-based strategic planning, often involving the need to bridge boundaries:jurisdictional, organi- zational, socio-economic and disciplinary. She has headed teams responsible for large community vision plans, regional heritage development efforts, urban neighborhood plans, county growth management efforts, and trans- portation corridor management plans. Prior to forming MMA, Mary was vice president of the National Trust for His- toric Preservation,where she is best known for having created the National Main Street program. ' Ms. Means has extensive experience in the design and management of collaborative public planning efforts. For the Future Little Rock Vision Plan she designed and managed the large-scale(40C active participants, 14 months) community goal setting process that led to widely-supported ' changes in the form of government.She has been principal advisor for Emory University's collaborative partnership with Atlanta neighborhoods. For St. Louis 2004, an organization created to develop a regional vision and action agenda, Mary structured and facilitated the civic and decision making processes. For Lewiston-Auburn(ME), she structured VA Excels and facilitated its highly successful vision forum. Ms.Means was a Loeb Fellow at Harvard Universitys Graduate School of Design,earned her master of arts degree in history from the University of Delaware,and her bachelor of arts, humanities,from Michigan State University.She ' has served on the National Center for Small Communities,National Center for Heritage Development,and the Orton Family Foundation. Virginia Benson Senior Associate In her more than 25 years of experience, Ms. Benson has both led and advised planning agencies. Her knowledge of land use, growth management and zoning techniques brings MMA clients the tools needed to implement poli- cies. Ms. Benson heads MMA's community planning practice area, where she combines her deep background in land use planning with exceptional strength in strategic planning and community consensus building. Prior to enter- ing consulting, Ms. Benson was a senior manager in planning agencies, and served as citizen ombudsman for a mayor.She has worked at a variety of scales-from neighborhood and sector plans,to county-wide comprehensive plans, to multi-jurisdictional regional vision projects. A common thread is achieving effective citizen participation, ' leading to early Implementation of recommendations. Ms. Benson is an expert facilitator and a talented trainer of staff and volunteer facilitators. She has successfully negotiated plans and agreements between neighborhoods,businesses and governments,sometimes ending years of conflict. Ms. Benson holds a bachelor of science degree in environmental design from Nova Scotia College of Art&Design, and advanced facilitation certification, conflict clinic,from George Mason University. Letter of Interest-Dania Beach Planning Consultant Services 16 1 MICHELE MELLGREN&ASSOCIATES 6.10 Experience & Qualifications PROJECT MANAGER AND KEY PERSONNEL Michele Mellgren,AICP Principal•Project Manager ' EDUCATION Master's Degree: Urban and Regional Planning Specialization: Urban Design ' The George Washington University,Washington, D.C. Bachelor of Arts Degree: Fine Arts Specialization: Design ' The George Washington University,Washington, D.C. PROFESSIONAL MEMBERSHIPS OR DESIGNATIONS American Institute of Certified Planners(AICP) Membership Number 012361 -Effective 1996 This is the highest level of earned professional planning certification ' American Planning Association(ARA)-National Chapter Membership 057672-Effective 1986 Florida American Planning Association(FAPA) Membership effective 1989 Broward County Section of American Planning Association(BAPA) Membership effective 1989 Certified Broward County SmalWyoman Business Enterprise ' Certification effective 2000 AFFILIATIONS Broward County Section of American Planning Association Board Member(2000-2001) Broward County Marine Advisory Committee County Commission Appointee(1995) Northern Virginia Transportation Committee(1987.1989) ' American Mena AWARDS OR RECOGNMONS Florida Department of Community Affairs(2004) Invited member of the Department of Community Affairs' Evaluation and Appraisal Report Technical Advisory Committee ' City of Fort Lauderdale,FL(2001) Requested to provide professional leadership to planning department on interim basis ' Habitat for Humanity Harmony Vilage-Cerlificate of Appreciation(1996) Community volunteer efforts Broward County Board of County Commissioners-Certification of Appreciation(1996) Community volunteer efforts Letter of Interest-Dania Beach Planning Consultant Services 17 MICHELE MEUGREN&ASSOCIATES 6.9 City of Fort Lauderdale-Certificate of Appreciation(1995) Community volunteer efforts for participation in American Assembly for the New Century South Florida Marine Industries Association Boatee Award(1994) Excellence in supporting and promoting the industry in the City of Fort Lauderdale International Federation of Housing and Redevelopment Officials, Budapest, Hungary(1985) International award recipient representing United States in competition against 23 other nations for excellence in plan design for the redevelopment of post-World War II housing International Association of Housing and Redevelopment Officials,Washington, D.C.(1985) ' National recipient for excellence overall plan and site design for redevelopment of post-World War II housing TEACHING OR LECTURING Guest Lecturer-Ronda Atlantic University Urban Planning Department, Davie,FL Overview of Urban Planning in Local Government(1996) Guest Panelist-International Marina Institute International Conference,Atlanta,GA Land Use and Environmental Compatibility of Marinas with Live Aboard Vessels(1993) ' Guest Lecturer- International City Manager's Assoc.,South Padre Island,TX Redevelopment Efforts and Controlling the Effects of Spring Break(1990) AUTHORED ZONING CODES AND LAND DEVELOPMENT REGULATIONS ' Town of Southwest Ranches. Broward County, FL Prepared entire Unified Land Development Code(2004) Town of Lauderdale-By-The-Sea. Broward County, FL Prepared entire unified land development regulations(20D3) City of Wilton Manors.Broward County, FL Prepared entire unified zoning and land development regulations(2003) City of Boynton Beach, Palm Beach County, FL Prepared new zoning districts to implement redevelopment plan(2001) City of Dania Beach. Broward County, FL Created new Industrial-Research-Office Commercial District and related land development regulations for ' adoption by the City of Dania Beach(2001) Town of Davie. Broward County, FL Created new zoning districts, new zoning standards and land development regulations(1994-1998) AUTHORED REDEVELOPMENT PLANS AND COMPREHENSIVE PLANS "Evaluation and Appraisal Report"of the Comprehensive Plan. Miami Shores Village, FL(2005) "Evaluation and Appraisal Report"of the Comprehensive Plan. North Miami Beach, FL(2005) ' "Evaluation and Appraisal Report"of the Comprehensive Plan. Sunrise,FL(2006) "Evaluation and Appraisal Report"of the Comprehensive Plan. Parkland, FL(2006) "Evaluation and Appraisal Report"of the Comprehensive Plan.Tamarac, FL(2006) "Evaluation and Appraisal Report"of the Comprehensive Plan.Wilton Manors, FL(2006) ' "Comprehensive Plan",City of North Miami Beach, FL(in progress) "Comprehensive Plan City of North Miami, FL(in progress) "Comprehensive Plan", Miami Shores Village, FL(In progress) "Comprehensive Plan"City of Tamarac, FL(in progress) "Southwest Ranches Comprehensive Plan"Review and commentary on proposed provisions. Town of Southwest Ranches, FL(2002) "Federal Highway Corridor Community Redevelopment Plan," Boynton Beach,FL(2001) "Evaluation and Appraisal Report"of the Comprehensive Plan. Land Use,Conservation, Recreation and Open Space, Intergovernmental Coordination Elements. Davie, FL(1994) Letter of Interest-Dania Beach Planning Consultant Services 1 B MICHELE MELLGREN 8 ASSOCIATES 6.9 ' OTHER AUTHORED DOCUMENTS AND MONOGRAPHS "Analysis of the M-1 Zoning District for the City of Boynton Beach,"(20)6) "An Analysis of the Affordable Housing Issue in Southwest Ranches, Florida"(2005) ' "Analysis of Affordable Housing in Three Broward County, Florida Communities," (2005). "Analysis of the Impact of General Commercial Uses and of Fuel Sales Facility Uses on the Assessed Value of Single Family Residential Uses,"(2003). "Analysis of the Economic Impact of Exempting Regional Activity Centers from Traffic Concurrency,"(2001). "Analysis of the Economic Impact on Fort Lauderdale of Vessels in Excess of Eighty Feet in Height," (1994). "The Economic Impact of Environmental Protection Regulations on the Budget of Municipal Government,"(1993). "Branch Office Expansion Plan,"(1987). Short and long range development plan utilized multiple regression analysis with place of employment and place of residence as variables to determine future ' office locations. Key Personnel ' S.Rhon Emest-Jones,P.E.,AICP,CGC President ' EDUCATION Nottingham University, England B.Sc. Civil Engineering, 1973 ' Graduated vilth Honors PROFESSIONAL REGISTRATIONS Professional Engineer-Ronda#29601 (1980) Certified Land Planner-AICP#504670(1995) Chartered Engineer-European Community#13/01151 (1977) Institution of Civil Engineers(Ulq- MICE#42816285(1977) Certified General Contractor-Florida#GGCO33983(1985) PROFESSIONAL ASSOCIATIONS American Planning Association, Member ' American Society of Civil Engineers, Member Institution of Civil Engineers(UK), Member Coral Springs Planning and Zoning Board,Chairman Lambda Alpha Society, Member ' Leadership Broward, Board of Directors PROFESSIONAL EXPERIENCE: ' 10/92- Present Rhon Ernest-Jones Consulting Engineers,Inc., Coral Springs, FL President Responsible for overall management of the firm and all professional civil engineering, land planning,transportation engineering and project management services for land development projects, FDOT/County eminent domain ap-praisal contracts, expert witness services and due diligence reports. His career has included numerous civil engi- neering projects both as stand-alone projects and as a component of large-scale land development projects.Major project experience has Included: Miramar SafeGuard Self Storage; Port 95 Commerce Park; Weston Business Center, Pompano Business Center,Corporate Park of Coral Springs, and Beacon Pointe at Weston. ' 1973-1992 Previous Experience Prior to creating REJCE,Mr.Ernest-Jones was vice president of a large South Florida consulting engineer where he managed large development projects for the firm in Broward, Dade and Palm Beach Counties. During this 13-year tenure, Mr. Ernest-Jones was integral to the success of numerous prestigious projects. He has performed engi- neering and project management on numerous land development, waterfront, highway, parks, and public sector projects. He was the project manager on the development of several large business parks in the tri-county area ' for all engineering, panning, surveying, permitting and construction-related services. As Senior Engineer, he was responsible for the design of several large private developments requiring permitting with Corps of Engineers, De- Letter of Interest-Dania Beach Planning Consultant Services 19 1 MICHELE MELLGREN&ASSOCIATES 6.9 ' partment of Natural Resources,State of Florida,county and city governments,covering dredging lakes,earthwork, bulldtead walls, drainage,water, server, pumping stations,forcemains and construction observation. He is familiar with calculations for earthwork, Hardy Cross Analysis,structural calculations and drainage design. Mr. Ernest-Jones formed and served as president of a construction firm in which he was responsible for the man- agement of industrial, commercial and residential construction projects in the tri-county area. He dealt with the South Florida Building Code and Southern Standard Building Code and provided professional estimating services. ' As a structural engineer in New York for a national engineering consultant, he was responsible for specific projects involving marina designs,mooring studies,she selection for marine terminals,field inspections on floating dry docks (U.S.Navy),and dock and terminal rehabilitation.He has provided in-service structural inspections on existing piers, docks and bridges to meet existing codes, and determination of corrective programs.Also responsible for inspec- tion and safety evaluation of 26 dams under the USA-COE/BUREC inspection program. Mr. Ernest-Jones began his career in London and Bristol, England as a design engineer and resident engineer. A community leader, Mr. Ernest-Jones is an active participant in numerous area boards and organizations. Mary Means ' Principal EDUCATION ' Loeb Fellow,Harvard University Graduate School of Design, 1982 ' Master of Arts,History University of Delaware 1976 Bachelor of Arts,Humanities Michigan State University, 1969 ' EXPERIENCE Mary Means is responsible for all of Ml community planning and public engagement.She has extensive experi- ence in community-based strategic planning,often involving the need to bridge boundaries:jurisdictional, organi- zational, socio-economic and disciplinary. She has headed teams responsible for large community vision plans, regional heritage development efforts, urban neighborhood plans,county growth management efforts, and trans- portation corridor management plans. Prior to forming MMA, Mary was vice president of the National Trust for Historic Preservation, where she is best known for having created the National Main Street program. SELECTED PROJECTS ' Vision Pianning&Civic Engagement Mary has extensive experience in the design and management of collaborative public planning efforts. For the ' Future Little Rock Mslon Plan she designed and managed the large-scale (400 active participants, 14 months) community goal setting process that led to widely-supported changes in the Corm of government. She has been principal advisor for Emory University's collaborative partnership with Atlanta neighborhoods. For St. Louis 2004. an organization created to develop a regional vision and action agenda, Mary structured and facilitated the civic and decision making processes. For Lewiston - Auburn (ME), she structured L/A Excels and facilitated its highly successful vision forum. Letter of Interest-Glands Beach Pl vvft Consultant Services 20 1 MICHELE MELLGREN 8 ASSOCIATES 6.9 Community Planning&Revitalization Mary's work in community-based strategic planning has galvanized support for positive change in struggling down- towns, oiler neighborhoods, and fast-growing communities. The Spotsylvania County (Virginia) Comprehensive Plan sparked a decade of deep community support for strong growth management policies. The Rutland, VT Redevelopment Strategy served as blueprint for$45 million in new investment and dramatic change in the city's image and civic health.The award-winning Comprehensive Plan for Lynchburg(VA)defined development strategies and quickly led to strong community support for higher quality development standards and housing rehabilitation programs. Planning at a Regional Scale Mary has skillfully coached collaborations involving Federal,state, county and municipal agencies, as well as busi- ' ness and civic interests.Most have led to results—including national heritage areas,trails and greenways,and trans- portation improvements.A recognized national leader in heritage development,She led the multi-disciplinary teams that prepared plans for the Delaware&Lehigh Canal National Heritage Corridor and the Lancaster -York Heritage Region. For the Atlanta Regional Commission, Mary developed the innovative public engagement approach now being applied to long range plans for several major transportation corridors in metro Atlanta. ACTIVITIES ' National Center for Small Communities, Board of Directors 1997-1998 National Center for Heritage Development, Board of Directors, 1993-1996 The Orton Family Foundation Board of Trustees, 2000-2005 ' CONFERENCE PRESENTATIONS American Planning Association National Conference,2000,2001,2004 National Preservation Conference 2001, 2002 Institute for Heritage Development 2002,2003 Mayors Institute on CityDesign, 1990-1998 ' Letter of Interest-Dania Beach Planning Consultant Services 21 1 MICHELE MELLGREN&ASSOCIATES 6.10 1 Proposed Cost & Deadline 1 Dania Beach Projected Cost 1 Michele Mellgren&Associates estimates that the project will be billed for approximately$145,975,and includes: • Meetings 1 Mailings • Document Preparation • Graphics 1 Renderings i Dania Beach Deadline 1 Michele Mellgren &Associates will complete the Dania Beach Master Plans for College Gardens, Dania Beach Heights and Sun Gardens Isles within 12 months of the award of the contract. 1 1 1 1 1 1 1 1 1 1 Letter of Interest-Dania Beach%nr*V Consultant Services 22 1 1 MICHELE MELLGREN&ASSOCIATES 6.11 Licenses 1 The State of Florida does not issue a license for the Planning profession; however, we have the following occupa- tional licenses. 1 .: r♦a,�.�rawr.�IN6. W��rAr.�Wr>rWr i ' . ' F�Nr1000010�t,rpllAlr►1��Ir,r1F rl� +arm • � aM .saa+ w .a. �wFo,os wYA.W+� . �.6ca.aN. awe — wawa 1 O YMnr/1MYNNwr�liiM1 `I�aA1~�M-�MIL�saaaa a 1waa. 1 w• A1N ILrM�YrN_ aw�nO��a�NNe�R �wA•R���� aa.�.F.N.6 aa.M 1 OCQIIIUMIM 1 NfCIQNLEW,MRLWpM 6 AE00CIAT0- .�rYaNI MVIE iLA3 33 S OKR�YWM 0011 5 NEOLLM 10/011� wM12007 1!.- 7 70 ' 07-OW00160 06 0U IW" AWI0W1/CONOULTANT 1 MIE F MLLWFN p1 IfeL pE N C � LLWIEN 6 AOFOCIAW OSIE iLyA33RIn WITE WS 1 Licenses required for Rhon Ernest-Jones Consulting Engineers, Inc.: 1 ate'"*/ .= ofXtari � .�..Fb.v..a.d,.Mwnrw4/i.Wh.IaV .r 1 ceRrsrATE OF AUTHO 1QATION MUI -wI MOrOO.: N.F OCt2?0 EPEtATM.21114111" Fwwrru�wu� Letter of Interest-Dania Beach Planting Consultant Services 23 1 1 MICHELE MELLGREN&ASSOCIATES 6.11 RA1!a/l30� �!m w.sY 1R iOWimY tlrwiNm Not I ' IrNI ro-3iN �••1��733N-P!p ' �r �.NA'A.3Nr11o/r irt. N iNn -. ew Y 1 � R a rrrAYN ri N1 ' §fit OtAOriDa R T ' 1 wly r r Nr►r r .�. r rial rNrr.n�s ov�An�r>a�a rmwar��rrwirlr.ri.rrwr rrrrawerlrAhrwOrr1,1111. rYrlrNr rrrrMwlrrr+r�t ' 1YIN my rlUrlwAW rpllrrNr Krr r.M OlillrN M rMr r�rN rN rwrl rNribre4rr�rqN �r w tiNN/L mr.rr r rrr r Ya I Mlr wry r rr inirrw r ti r,wr.rorrw wvr 1�+q.1J.� Letter of Interest-Darla Beech Planning Consultant Ser&es 24 1 MICHELE MELLGREN A ASSCCIA7ES 6.12 Equal Opportunity Employer 1 ' State of Rorida County of Broward 1 The firm of Michele Mellgren &Associates does not discriminate on the basis of race, creed, color, religion, sex, ' national origin, ancestry, age,or disability in employment or in the provision of services. Proposer's Signature Michele Mellgren ' President Michelle Mellgren&Associates 6555 Nova Drive Suite 305 ' Fort Lauderdale, FL 33317 ' Sworn to and subscribed before me on this3 ' day of. p tr e 2007 (affix sea]) INNNN..NNN.N.IN.W...N...NN..N� Notary Public Sig ure HEATt{ER t OFiyB {� o°"'N"pnaono im ' ......................... , i.....'.N..i 1 Letter of interest-Dada Beech Plann%ng Consultant Services 25 1 1 MICHELE MELLGR&&ASSOCIATES App&-dix 1 Appendix 1 1 1 1 1 i 1 1 1 . 1 1 1 i 1 1 i 1 1 1 CITY OF DANIA BEACH,FLORIDA Sworn Statement Under Section §287.133(3)(a), Florida Statutes Florida Statutes on Public Entity Crimes 1 (This forth must be signed in the presence of a Notary Public or other officer authorized to administer oaths.) 1 1. This sworn statement is submitted with Bid, Proposal or Contract Name or No. ' INd F- 2. This sworn statement is submitted by:m,Qe fete rAPk\,.r, a 1 (name of entity submitting sworn statement) its business address is: 05-5s N,V a ' Federal Identification Number (FEIN) is: (.s- U1s-13 5 ti i (if applicable) 1 Social Security Number: (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) ' 3. My name is: W e'4 e kf C ,-•%e Afire 1 (PRINT NAME of individual signing this document) and my relationship to the entity is: ' (President, General Partner, etc. as applicable) ' 4. 1 understand that a "public entity crime" as defined in §287.133(1)(g), of the Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity ' or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other 1 state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I , 8 1 5. I understand that "convicted" or "conviction" as defined in Paragraph §287.- 133(1)(b), of the Florida Statutes, means a finding of guilt or a conviction of a ' public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information ' after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere (also known as "No Contest"). ! ' 6. I understand that an "affiliate" as defined in Paragraph §287.133(l)(a), of the Florida Statutes means: (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arms length agreement, shall be a prima-facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in ' Florida during the preceding 36 months shall be considered an affiliate. ' 7. I understand that a "person" as defined in Paragraph §287.133(l)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract ' and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term ' "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which that I have marked below is true in relation to the entity submitting this swom statement. (Please indicate which ' statement applies): 9 �L Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been ' charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, ' directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been ' charged with and convicted of a public entity crime subsequent to July 1, 1989 and (Please now indicate which additional statement below applies): There has been a proceeding concerning the conviction before a ' hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final ' order) The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by ' the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of General Services) �C" &,&, k q�3`L—+ PRINTED NAME DATE Signature (of person who ' first appears above) STATE OF ,, ) ss: ' COUNTY OF ,., , .. ) 10 Sworn to and subscribed before me on 200-1 , by who (check one) [J] is personally known to me or [ ] has ' produced as identification. ' Notary Public, State of ' Necaknar 1,�'i.,�s Print or Type Name of Notary Public !................«.................,.y My commission expires:11S i y +ATMEn iosrus' oe.w000�wo>. (Seal) 1 exam li m _. �. . FlOds NW MM1.Vc ' END OF PUBLIC ENTITY CRIMES STATEMENT 11 1 CITY OF DANIA BEACH, FLORIDA 1 NON-COLLUSION AFFIDAVIT 1 The undersigned Bidder/Proposer has not divulged to, discussed or compared his/her/its Bid /Proposal with any other Bidders/Proposers and has not colluded with any other Bidder/Proposer or parties to this Bid/Proposal whatsoever. ' Name of City Project: -ra,_i 1 M\cHa\z -X_,aA�tinr',4-�-�s Name of Bidder/Proposer Signature 1 HILAELC- C MELUSEN 1 Name (PRINT) (tS1De5tiT 1 Title 9L'>1u1} Date 1 T 1 Witness my hand and official notary seal/stamp on the day and year written below. STATE OF FLORIDA ) 1 ) ss: COUNTY OF ) 1 Sworn to and subscribed before me on - 200�-) by M,c.eye C. r�e���r _ who (check one) Q is personally known to me or [ ] has produced '' as identification. 1 Notary Public, State of Florida ........Ny 1 My commission expires: 1)S�2 �r WAriiea MN59 .,N W/WW.! (Seal) i.....:::�......FbriUe NMaN NN END OF NON-COLLUSION APMAAViT'` 12 1 1 MICHELE MELLGREN&ASSOCIATES References References Economic Impact Analysis of Redevelopment Davie, Florida ' Develop methodology to quantify impact of eliminating traffic concumency to stimulate redevelopment in the Regional Activity Center, and determine economic impact. The study was used as the basis to amend Florida Statutes and encourage redevelopment In downtown Davie, George Hanbury, Ph.D, Nova Southeastern University 3301 College Avenue Fort Lauderdale, FL 33314 ' 954-262-7555 Regional Activity Center Redevelopment Plan Davie, Florida ' Formulate concept and prepare 2,300 acre land use plan amendment for redevelopment and economic develop- ment. Project area includes CRA. Analyze issues and opportunities; land uses; mix of land uses;densities and intensities;also develop goals for comprehensive plan amendment. Process approval through Broward County and Florida Department of Community Affairs. ' Terry Santini(Former vice mayor) 4179 Davie Road Suite 200 Davie, FL 33314 ' 954-474-9000 Unified Land Development Regulations Wilton Manors, Florida ' Complete rewrite of zoning and land development regulations, which included all zoning and overlay districts. Purpose was to update regulations,address omissions,correct inconsistencies and combine regulations into one unified document, ' Joseph Gallegos City Manager City Hall-524 NE 21 at Court Wilton Manors, FL 33305 ' 954-390-2187 Unified Land Development Regulations Southwest Ranches,Florida ' Write entire new zoning and land development regulations,which Includes all districts. Purpose is to tailor regula- tions to the recently incorporated municipality, add ess omissions in current code,correct inconsistencies and combine regulations into one unified document. Gary Poliakoff Southwest Ranches Town Attorney Becker&Poliakoff 3111 Stirling Road Fort Lauderdale, FL 33312 954-985-4183 Comprehensive Plan Consulting Services North Miami Beach,Florida Provide general planning services as requested,such as but not limited to, developing concurrency management system, updating comprehensive plan and land development code, site plan review. Tom Vageline, Director ' Community Development Department Public Services Administration Building 17050 NE 19th Avenue North Miami Beach, FL 33162 ' 305-948-2966 Exhibit °B" CITY OF DANIA BEACH NEIGHBORHOOD MASTER PLANS WORK PROGRAM The Mellgren Planning Group(TMPG)will be preparing the master plans for the neighborhoods of Sun Garden Isles, College Gardens and Dania Beach Heights. Broadly, TMPG will assess the physical, social and economic indicators, identify opportunities and constraints, and then develop short term and long term implementable strategies to improve the neighborhoods, along with identifying possible funding sources to assist with plan implementation. The approach to the project is as follows: 1. The initial phase ofworkwill utilize U.S. Census data and Geographic Information Systems (GIS) to map the physical, social and economic indicators over time. Data that will be quantified and mapped include population information (age, gender, marital status, race/ethnicity and total population), housing data (age, tenure, value), and economic information(population income,education level and employment status/type).We will map this for 1980, 1990 and 2000 to observe trends over time and develop a real understanding of how the neighborhoods are changing.We will also map these data for the balance of the City and that portion of Hollywood that is contiguous to the neighborhoods to observe trends or, conversely, unique characteristics. We will also coordinate with Dania Beach law enforcement officials to map current crime statistics by location and type. 2. The second phase of work will be to review and thoroughly analyze both land use and zoning within the neighborhoods. We will also review base maps of the neighborhoods for issues such as lot size, access, circulation and right-of-way width. 3. The third phase of work will be meetings with city officials and community leaders.The first purpose will be to review and validate all existing plans and studies(i.e.: UIRA, CPTED's, etc). The second purpose will be to obtain a full understanding of projects or programs that are in the process of commencing or otherwise being implemented or funded. This can be considered a"status report"of the neighborhoods. 4. The next phase of work will be a field reconnaissance. TMPG will conduct a detailed visual assessment of each neighborhood on a street by street basis.This task will occur over several weeks,on different days,under different whether conditions and at different times of the day. We will also visit the areas surrounding the community to determine their status and potential impact on the subject neighborhoods. The purpose of the field reconnaissance is to observe physical, social and economic indicators. We will also analyze existing uses compared to future land use plan and zoning designations. Once we have catalogued and analyzed our findings,we will ask each of the community leaders to accompany TMPG on an additional field visit to each neighborhood to validate and discuss our observations. The types of things that we observe on the field reconnaissance are numerous and all encompassing. Exhibit`B" NMP Work Program Page 2 5. At this juncture, we will hold a consensus building meeting with residents; three meetings, one for each neighborhood. We will present our data and list of observations as a starting point for discussion,and encourage residents to add to the list or remove items from it,and to prioritize the issues in the order of importance. We will employ a "you speak, we listen" format where we have a number of round tables for facilitated discussion. Each table will have different groupings of issues, and participants rotate from table to table so that they comment on all of the issues.This format is excellent for encouraging participation because of the small group setting at each table. 6. After we have analyzed and summarized the results,we will have a community meeting with all three neighborhoods together to review and discuss the results and obtain input on possible solutions to investigate. 7. At this point we will have a full understanding the neighborhoods. We will then analyze all of the issues, and identify the strengths, weaknesses, opportunities and threats to these communities and identify a range of solutions to address the issues. All feasible solutions will be considered, and funding sources will be identified. 8. The analysis and all feasible solutions will be presented at three citizen meetings; one for each neighborhood. We will also present the solutions that we investigated or considered that are not feasible so that the residents are fully informed about the solutions being considered. This will be a consensus building meeting with the same format used in task 5 above. 9. This step will be a community meeting with all three neighborhoods to build consensus for the solutions. Again, the format will be the facilitated "you speak, we listen" format. 10. The last step in preparing the neighborhood plans is to actually write the plan. It is envisioned at this time that the document will be one document that addresses all three neighborhoods as a whole where appropriate, but will also have three sections that address each neighborhood individually, as applicable. The plan will document the citizen participation process. It will contain the maps of indicators and a thorough discussion and analysis of them. It will identify all of the strengths, weaknesses, opportunities and threats and analyze and discuss them. The plan will identify solutions or strategies, discuss the implications of them,and identify whether they are short or long term. The plan will contain implementation mechanisms that will identify potential funding sources and explain the steps necessary for implementation. 11. The final steps of the project will be presentations of the plan to the City Commission. Not enumerated but implicit to the project is ongoing dialogue with City staff, the Commission liaison and community leaders. CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 4-8-2008 Public Hearing X❑ Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2006-022 AN ORDINANCEOF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES,INC.,TO REDESIGNATE FROM'COMMUNITY FACILITIES'TO'MEDIUM DENSITY RESIDENTIAL' (12-13.5 DWELLING UNITSIACRE)FOR PROPERTY LOCATED AT 4200 SW 54TH COURT,DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT'A,A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ LU-18-06: The applicant, Leigh Robinson Kerr&Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the property located at 4200 SW 54 Court(SECOND READING). Ordinance Staff Report June 13, 2006 Commission Minutes Declaration of Restrictive Covenants Application Public Hearing Notice Location Map Mailing List Exhibit 1 ,Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ I ORDINANCE NO. 2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54' COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Leigh Robinson Kerr and Associates, Inc. representing the property owner Sheridan House, Inc., has made an application to amend the local future land use plan to accommodate for the proposed construction of 102 (maximum) multi-family residential dwelling units; and WHEREAS, the City Commission desires to approve such application; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 541H COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That the staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. PASSED on first reading on June 13, 2006. PASSED AND ADOPTED on second reading on , 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J.ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-022 EXHIBIT `A' Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. 3 ORDINANCE#2006-022 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 8, 2008 TO: Ivan Pato, City Manager e FROM: Corinne Lajoie, AICP, Principal Planner evyo_� SUBJECT: LU-18-06: The applicant, Leigh Robinson Kerr & Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the property located at 4200 SW 54 Court (SECOND READING). Future Land Use Change To change the future land use designation of the property from Community Facility to Medium Residential (16 units per acre). ABUTTING PROPERTIES: EXISTING ZONING AND LAND USE Future Land Use Zoning Designation Current Use of Plan("FLOP") of Property Property Designation Subject Community Facility Community Facility Residential Care Parcel (Proposed Facility 16 units/acre North 16 units/acre RD-10 Multi-Family East 5 units/acre RS-5 Single Family, Nursery, Vacant South I 16/units RM-15 Vacant West I 10 units/acre RD-10 Duplex-Townhouse Based upon the FLUP and zoning designations abutting properties, multi-family residential use is compatible with adjoining development, but not at 16 dwelling units per acre. Staff will also not support an apartment building at this location. Staff can support 12 units per acre (13.5 units/acre if a two-car garage is incorporated into each unit) subject to the following conditions, said conditions to be enforceable against subsequent property owners: 1) Dedicate park land in accordance with the city code requirements based upon the appraised value of the land as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA); with rentals limited to once per year. 5) Building height to be determined by City as part of the PRD-1 rezoning/site plan process, provided no building shall exceed 3 stories in height. Staff recommends the applicant meet with the city. attorney regarding these conditions to the property so that they can be enforced against a subsequent purchaser. CITY COMMISSION PREVIOUS ACTION On June 13, 2006 the City Commission approved the land use change on first reading with the condition that the applicant address staff comments identified above. PLANNING AND ZONING BOARD RECOMMENDATION On May 17, 2006 the Planning and Zoning Board recommended approval of the proposed change in land use designation. The Board approval was based on applicant voluntary commitment to address the above conditions. STAFF RECOMMENDATION At the discretion of the City Commission. • Director Leeds commented City Attorney Ansbro would need to change the Ordinance in conjunction with the Waste Management contract. Commissioner Bertino thought if there was room, residential properties should install dumpster enclosures, if not, the contract with Waste Management should be changed to allow them to use roll outs. Commissioner McElyea agreed with Mr. Field that something should be done to keep the residential areas clean. Commissioner Castro thought this Ordinance should be passed in order to start the process and look at amending it further so other issues can be addressed. She requested Director Leeds bring back options at a future date. Joe Van Eton, 1500 SW 2nd Avenue, noted five units are considered commercial property and are not allowed City pickup, therefore they require some type of private carting. He thought the problem was in the residential areas and should be addressed. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance 02006-021, on second reading; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call • vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.4 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (16 DWELLING UNITS / ACRE) PROPERTY LOCATED AT 4200 SW 54T" COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2006-022. Laurence Leeds, Director of Community Development, advised Sheridan House, an adolescent care facility; indicated they are planning to move the entire business to Davie and would like to change the land use designation from Community Facility to Medium Residential before placing the property on the market. He noted staff is recommending 12-13.5 units per acre, not the requested 16 units per acre, subject to the following requirements which would be applied to • subsequent property owners: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 13,2006-7:00 p.m. • 1) Dedicate park land in accordance with the City Code requirements based upon the appraised value of the land,as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA), with rentals limited to once per year. 5) Building height to be determined by the City as part of the PRD-1 rezoning/site plan process,provided no building shall exceed three stories in height. Director Leeds further indicated the applicant submitted a draft deed restriction which has been reviewed by the City Attorney. He commented the neighbors in the area are concerned about traffic because of the proximity to the Seminole Hard Rock Casino Parking Garage, and staff is suggesting that the prospective developer be asked to submit a traffic study. Director Leeds indicated the Planning and Zoning Board recommended approval of the land use plan amendment, subject to the above conditions. • Laura Coffy, Attorney,Ruden McClosky,advised the applicant is willing to adjust the agreement as needed to cooperate with City staff. Commissioner Castro asked Attorney Coffy if they are planning to include the residents' comments in their proposed traffic study. She also asked BSO Chief Bryan Cowart if this street was included in the traffic study conducted last year. Attorney Coffy reaffirmed to the Commission that their traffic study would incorporate the residents' input with a view to finding a solution to the traffic problems they are currently experiencing. BSO Chief Bryan Cowart commented SW 54"' Court was included in the traffic study conducted last year and it was recommended that this street be closed just east of SR 7. He will resubmit his plan to the City Manager in the morning. Commissioner Castro suggested City Manager Palo contact Seminole Hard Rock Casino to request their participation in some of the expenses for street closures and landscaping. Mayor Flury opened the Public Hearing. Scott Stuart, 5431 SW 44 Avenue, questioned the density of the surrounding properties. He objected to the density suggested and asked if Bond money could be used for the street closure. Mr. Stuart was also opposed to a recreational park;he would prefer a passive park. • Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 13,2006-7:00 p.m. • Steve Goldberg, 4010 SW 54 Court, was concerned about a passive park. He felt the application was misleading. Mr. Goldberg stated he was never contacted for any study. He also thought the density would increase traffic in the morning hours. Mayor Flury advised that Chief Cowart would go out to the neighborhood and invite them to a public hearing. Victoria Fudala, 5531 SW 43 Terrace, asked if they could get speed bumps on her street. Scott Stuart stated speed bumps were old fashioned, he would rather close the street and eliminate the speeding problem. Sara Willingham, 5410 SW 43 Terrace, liked the idea of closing the area on SR 7, but thought SW 40ih Avenue would not be able to handle the traffic. Mayor Flury suggested everyone interested in this issue give their names and addresses to the City Clerk so they can be notified when Chief Cowart goes out to meet with the residents. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Director Leeds asked City Attorney Ansbro if the zoning could be more restrictive, in terms of density,than the land use plan designation. City Attorney Ansbro responded he believed it could be more restrictive. Director Leeds concluded by saying that when the site plan is presented and the Commission is not happy with 13.5 units per acre and want less units,they have the discretion to change it. Commissioner Bertino thought 13.5 units would be extremely tight and said he would approve a maximum of 10 units. He further requested that the type of units be fee simple, not rental units. Vice-Mayor Anton noted 40'h Avenue was a cut through street, and thought it would be difficult to deal with the traffic situation. Commissioner Castro motioned to adopt Ordinance #2006-022, on first reading, with staff recommendations; seconded by Vice-Mayor Anton. Commissioner Bertino felt we should support only 10 units per acre because we all know that we have to find a solution to the traffic and parking issues. Attorney Coffy indicated that her client would like to make sure that when the site plan and rezoning matters come back for approval, the City Commission stick to the 10 units per acre discussed tonight instead of reducing them to less than 10. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. Mayor Flury would prefer 13 units with two car garages rather than 10 units per acre with no garages. Commissioner Castro remarked we are discussing the land use change, not the site plan. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea No City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.5 RESOLUTION#2006-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ADOLFO GUITELMAN, ON BEHALF OF THE PROPERTY OWNER MARINA INDUSTRIAL PARK, LLC., FOR PROPERTY LOCATED AT 2401 SW 31 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-094. • Corinne Church, Principal Planner, advised the site plan is for the construction of an office/warehouse facility. She added that the applicant is also providing a Lift Station on the property at the request of Broward County. Ms. Church further noted that the applicants have worked hard with staff, and no variances are required for the site. Mayor Flury noted it was a very unattractive building. Laurence Leeds, Director of Community Development, indicated it was an average building and the front of the building would be facing I-595. He commented the applicant was aware that additional architectural detail might be requested by the Commission. Alberto Mizrahi, President/owner of the property, explained that these warehouses would be built of concrete, and would have glass windows. Mayor Flury advised that the Commission recently agreed that all new warehouses should be a little more attractive. She asked staff to work with the applicant and bring back a new design. Mr. Mizrahi did not know what was wrong with the design, however, he would be willing to work With staff to try to make the necessary changes. Vice-Mayor Anton thought the building was too plain and suggested the applicant look at other warehouses that have been recently approved. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. DRAFT Rehm to:(enclose self-addressed stamped envelope) Name: Address: This Instrument Prepared by: Deborah M. McTigue, Esquire Ruden, McClosky,Smith, Schuster&Russell,P.A. 200 East Broward Boulevard 15th Floor Fort Lauderdale,Florida 33301 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS("Declaration")is made and entered into this _ of , 2006, by SHERIDAN HOUSE, INC., a Florida corporation, having an address of 4200 S.W. 54`I' Court, Fort Lauderdale, Florida, 33314 ("Declarant"),for the benefit of the CITY OF DANIA BEACH,a Florida municipal corporation,its successors and assigns,with a post office address at 100 West Dania Beach Boulevard,Dania Beach, Florida 33004,with the Joinder and Consent of ("Mortgagee"). WITNESSETH: WHEREAS,Declarant is the owner of that certain real property located in the City of Dania Beach,Broward County,Florida,legally described on Exhibit"A",attached hereto and made a part hereof(the "Property"); and WHEREAS,Declarant has applied to the City of Dania Beach("City")to amend the Future Land Use Plan designation of the Property from Community Facility to Medium Residential ("Application"); and WHEREAS,the City has requested that Declarant voluntarily restrict the development of the Property in connection with the City's approval of the Application; and WHEREAS, Declarant has agreed that the Property shall be subject to the terms and provisions of this Declaration as hereinafter set forth. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Declarant hereby declares that the Property shall be owned,held,used,transferred,sold,conveyed, demised and occupied subject to the covenants and restrictions hereinafter set forth, all of which shall run with such Property and any part thereof and which shall be binding upon all parties having any right, title or interest in such Property or any part thereof, their heirs, successors and assigns. FTL:1782363:1 I DRAFT 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Declaration by this reference. 2. Property Development. Declarant hereby declares the following in connection with the development of the Property: a. No more than twelve (12) residential units per acre shall be constructed upon the Property;provided,however,up to a maximum of thirteen point five(13.5)residential units per acre may be constructed upon the Property if such units are constructed with a two (2)car ground floor garage. b. Each residential unit shall be conveyed subject to a condominium or fee simple form of ownership. C. No owner of any residential unit shall be permitted to rent, lease or otherwise offer such residential unit for occupancy to any non-owner for a term of less than one(1)year. d. No residential building shall exceed thirty-five (35) feet in height above average grade, excluding architectural features, parapets, lighting, equipment and utilities. 3. Development Obligations. In connection with the development of the Property, Declarant shall be obligated to: a. Dedicate for the benefit of the City certain land legally described on Exhibit "B", attached hereto and made a part hereof, for use as a public park ("Park Parcel"). Developer shall either(i) improve the Park Parcel with certain improvements in accordance with the City of Dania Beach Code of Ordinances and the City Parks and Recreational Department's requirements in amount not to exceed ("Park Contribution") or(ii) dedicate additional land having an appraised value equal to the Park Contribution. b. Rezone the Property consistent with the Planned Residential District-1 designation concurrently with Declarant's application to the City for site plan approval. 4. Amendments. This Declaration shall not be modified,amended or released,except by written instrument executed by Declarant and the City. 5. Recordation and Effective Date. This instrument shall not become effective until recorded in the Public Records of Broward County,Florida. Once recorded,this Declaration shall run with the Property for the sole benefit of the City and shall bind all successors and assigns of Declarant holding title to any portion of the Property. 6. Severability. If any court of competent jurisdiction shall declare any section, paragraph or part thereof invalid or unenforceable,then such judgment or decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. 7. Captions Headings and Titles. Articles and paragraph captions,headings and titles inserted throughout this Declaration are intended as a matter of convenience only and in no way shall FTL:1782363:1 2 DRAFT such captions,headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Declaration. 8. Context. Whenever the context requires or admits,any pronoun used herein may be deemed to mean the corresponding masculine,feminine or neuter form thereof,and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 9. Waiver. No waiver of any of the provisions of this Declaration shall be effective unless it is in writing,signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 10. Governing Law and Selection of Forum. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward County,Florida. 11. Attomevs'Fees and Costs. In connection with any litigation or arbitration arising out of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' and paralegals'fees and costs through all trial,appellate and post-judgment proceedings and arbitration proceedings. 12. Agreement. This Declaration embodies and constitutes the entire understanding between the parties with respect to the matters contemplated herein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Declaration. 13. Further Assurance. The parties hereto agree to execute such further documents as maybe reasonably requested by the other to carry out the intent and purpose of this Declaration. IN WITNESS WHEREOF, Declarant has executed this Declaration on the day first above written. WITNESSES: DECLARANT: SHERIDAN HOUSE, Inc., a Florida Print Name: corporation By: Print Name: Name: Title: FTL:1782363:1 3 DRAFT STATE OF FLORIDA ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ,the of SHERIDAN HOUSE, INC., a Florida corporation, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this_day of , 2006. Notary Public Typed,printed or stamped name of Notary Public My Commission Expires: FTL:1782363:1 4 DRAFT JOINDER AND CONSENT OF MORTGAGEE ("Mortgagee"),as the owner and holder of: (i)that certain Mortgage, Assignment of Leases and Rents, and Security Agreement from recorded in Official Records Book at Page and (ii)that certain UCC-1 Financing Statement recorded , in Official Records Book ,at Page _),all of the Public Records ofBroward County, Florida (collectively, the Loan Documents), does hereby consent to the restriction set forth in this Declaration and subordinates the Loan Documents to such Declaration. WITNESSES: MORTGAGEE: By: Printed Name: Printed Name: Title: Address: Printed Name: STATE OF ) )SS COUNTY OF ) I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments,the foregoing instrument was acknowledged before me by , as of , freely and voluntarily under authority duly vested in him by said Mortgagee. He/She is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of 12006. Notary Public, State of Florida at Large Typed, Printed or Stamped Name of Notary Public My Commission Expires: FTL:1782363:1 5 DRAFT EXHIBIT "A" THE PROPERTY FTL:1782363:1 6 DRAFT EXHIBIT "B" THE PARK PARCEL FTL:1782363:1 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application 13 Assignment ofFle:/Reserve Units $1 Und Use Amendment MAR 1 3 O plat O Plat Delegation Request O Rezoning Date Rec'd: 13 Site Plan / O Speciai lkeeption Petition No.:-,1,LLLk10 b O Special Request O Tralikway Waiver O Variance a' O Vacation Request(m —�� 0 Othesx THIS APPIMATION WILLNOT BE ACCIIP M UPMLIT IS COMPIM AND SUBMITrii:D WITH AIL NXCHSARRY DO(31MUM. Rafer to the application type at the top of this form and 'Required Documentation"checklist to determine the supplemental documents required with each application. For after the Sct applications,the responsible contractor of record shall be present at the board hearing. Their fltilare to attend may impact upon the disposition of your application. As always, the applicant or their authorised legal agent must be present at all meetings. ( All pmjects must also obtain a building permit from the Cty's Budding Department. location Address. 4200 SW 54th Court,Dania Beach, FL 33314 Iot(s): --- BlDdr A Subdivision: Sheridan House Plat(105-50) Recorded Plat Name: Sheridan House Plat(105-50) Folio Number(s): 504136120010 Iogal Description: Sheridan House Plat (105-50) Appffcan nsukan gal Representative (circle ose) Leigh Robinson Ken&Associates, Inc. Q Address of Applicant: 808 East Las Olas Boulevard Suite 104 Business Telephone: 954-467-6308 Home: Fay 954-467-6309 Name of Property Owner. Sheridan House, Inc. Address of Property Owner. 4200 SW 54ch Court, Dania Beach, FL 33314 Business Telephone: 954-583-1552 Home: Fay 954-583-7993 Explanation of Request: Please see attached report. Prop.Nat Acreage: (arose Acreage: 6.4 acres prop. Square Footage: l Existing LUG: Community Facility Proposed Use• Residential Is property owned individually, by a corporation,or a joint venture? Corporation 2565—Application for]ups I understand that site plan approval automatically expires within 12 months of City issioa approval, pursuant to Ordinance No. 2005-040. Applicant wn r ianature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribbed,belbre me ApplicantiODnsuhant/RepresentatM: This 13 day of 20 06 Signature: Date: 5 /13101. Sign Name o to Public (Print Name) State of �l Yl��a ) 'lelw cm 80% Q* Las olcs Vuu --*1oq r,LAud, Print Name o Notary f� Street Address, (Sty, State and Zip Code - 1 ��Q 333 G 1 Commission Expires: �"' ($ 007 QGA -4D f'103c)gj -94-467 ^1a3`' 1 Seat Telephone No. &Fax No. YMYI Kelly A. Ray `Commission NDD258921 'Expires:Oct 15,2007 Bonded Tbru Adan INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorised (Apptieantf(bnaultant/Reprosentative) to make and fib the aforesaid application. Swom to and subscribed before me Crooner. This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and tip Code Commission Expires: Seal: Telephone No. &Fax No. 2565—Application for lupa CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and t t I a du autho ' d offer, have authorized (Applbant/Conaukant/Representative) f r 4- oc. to make and fib the aforosaid application. Sworn to and subscribed before me Corporation Name: +a r. u TC . This day df AWA 20d p Signature. Data: -9 f/O(p -02•lnis ('Ptmt``Name) Q 6-Xec-&jrtVe- V/CG r�j�CSIO�Ri S e of Notary Public (Print Titb) Sko of(Raul-A 11 ) _ Yonne �Y1A1�nd #� Print Name of bbtar3r Street Address, City, State and Tip Code CommOEM v.Seal: D4$493I Telephone No. &Fax No. ]A09l NoeG JOINT VENTURIU PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appticant/Consuhant/Reprosentatim) to make and file the aforesaid application. Sworn to and subscribed bef a me This_day of 20_ Signature: Date: (Print Name)* Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and tip Code Commission Expires: i Seal. Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. 2565—Application for lupa Maim Kerr & Associates, Inc. Member,American InsWO of Cergfied Planners DEC 1 9 2007 Planning December 18, 2007 Department Laurence G. Leeds,AICP Growth Management City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Sheridan House LUPA Dear Mr. Leeds: Please schedule the above land use plan amendment for adoption by the City Commission at your earliest convenience. Please call with any questions. rr elY Leigh . Kerr, AICP President cc: Dennis D. Mele, Esquire • Planning • Zoning • Land Use • Expert Testimony • - 808 East Las Olas Boulevard, Suite 104,Fort Lauderdale, Florida 33301 Phone (954)467-6308 Fax(954) 487-6W9 lkerr8080 belisouth.net Fstabhsherf INS ��• hIJC�%i eC% C^C����i 0- - 9 FLORIDA r August 3, 2006 Henry Sniezek, AICP Executive Director Broward County Planning Council 115 S. Andrews Avenue, Room 307 Fort Lauderdale, FL 33301 -4801 Re: Broward County Land Use Plan Amendment Application: Sheridan House, Inc. (4200 SW 54th Court, Dania Beach, FL) Dear Mr. Sniezek: In March 2006, Sheridan House, Inc, submitted an application to change the land use for the above property from "Community Facility" to "Medium 16". The City Commission approved an Ordinance on first reading and authorized transmittal to the Broward County Planning Council of a recommendation to change the land use from "Community Facility" to "12 - 13.5 residential dwelling units per acre", subject to certain voluntary commitments made by the property owner. This is consistent with our prior letter of June 14, 2006, attached. While the Sheridan House application states "Medium 16" residential density, this is not the designation approved by the City Commission. We have enclosed a draft ordinance reflecting the City Commission's decision on this matter. Please contact me if you have any questions. Sincerely, Ivan Pato, City Manager Enclosures cc: Leigh R. Kerr, AICP, Leigh Robinson Kerr & Associates, Inc. Dennis D. Mele, Esquire "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 ww .ci.dania-beach.fl.us ORDINANCE NO.2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "12 - 13.5 RESIDENTIAL DWELLING UNITS PER ACRE" FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING - FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Leigh Robinson Kerr and Associates, Inc. representing the property owner Sheridan House, Inc., has made application to amend the local future land use plan to allow 102 residential dwelling units; and WHEREAS,the City Commission, after reviewing said application, desires to amend the future land use plan to allow 77 to 96 residential dwelling units, based on certain voluntary commitments made by the applicant; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below:. THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "12 - 13.5 RESIDENTIAL DWELLING UNITS PER ACRE" FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That the staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council PASSED on first reading on June 13, 2006. PASSED AND ADOPTED on second reading on., 2006. PATRICIA FLURY MAYOR—COMMiSSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS L ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-022 EXHIBIT 'A' Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. 3 ORDINANCE#2006-022 rE- FLORIDA June 14, 2006 Henry Sniezek, AICP Executive Director Broward County Planning Council 115 South Andrews Avenue, Room 307 Fort Lauderdale, FL 33301-4801 Re: Broward County Land use Plan Amendment Application Transmittal with Request for Concurrent Transmittal to DCA-SHERIDAN HOUSE Dear Mr. Sniezek: Enclosed please find fifteen (15) copies of a Broward County Land Use Plan Amendment Application. On May 17, 2006, the City's Local Planning Agency held a public hearing and recommended approval of the local land use plan amendment. On June 13, 2006, the City Commission approved an Ordinance on first reading of the proposed land use plan amendment for 12 - 13.5 dwelling units per acre with voluntary restrictions and authorized transmittal to the Broward County Planning Council with a recommendation of approval. The City of Dania Beach requests the Broward County Planning Council take favorable action on the enclosed Application for Amendment to the Broward County Land Use Plan at its next available public hearing, consistent with the enclosed ordinance. The City also authorizes the Broward County Planning Council to 'transmit the local amendment corresponding to a Broward County Land Use Plan amendment to the Florida Department of Community Affairs for review. If you have any questions concerning this application, please contact Larry Leeds, Community Development Director at 954-924-3640. Sincerely, Ivan Pato City Manager Enclosures cc: Laurence Leeds, AICP, Community Development Director Leigh R. Kerr, AICP, Leigh Robinson Kerr & Associates, Inc. "Browar&s First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH LU-18-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, April 8, 2008, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of adopting the following ordinance: LU-18-06 — Leigh Robinson Kerr & Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation for property located at 4200 SW 54 Court. The request is to change the future land use designation of the property from Community Facility (CF) to Medium Density Residential (16 units per acre). ORDINANCE NO. 2006-022 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Adoption—2nd Reading) Exhibit `A' - Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. Copies of the proposed request are available for viewing in the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk at 100 W. Dania Beach Blvd, Dania Beach, FL 33004 or (954) 924-3600, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Notice Date: Friday, March 28, 2008 See reverse side for property location LOCATION MAP 2006 Umdu"'Data ,� w m C&6me w ®Cm"fioy Fe" �.-eAah Readenw dj Lew Re4daiW CF tap i7saoentidl: iM'�►+$. Law Medmd'{t0?Re&tleiM ®Mddium(16)'R Wasrm -AAeaurrrFrip�?(2S3 RW*d$nW . .. . 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ULo (LO ULO ILO 0 IOn 00 NOTICE OF PUBLIC NEARING CITY OF DANIA BEACH LU48.06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, April 8, 2008,,.at 7:Oo p.m., or as soon thereafter as possible, in the Dania`Beach City Commission Room;Administrative Center; 100 West Dania Beach Blvd.,Dania Beach,Florida 33004,for the purpose of adopting the following ordinance' LU-1k6- Leigh Robinson Kerr&Associates, Inc., on behalf of the property owner Sheridan House,Inc. is requesting a chancge in the future land use designation for property Iocated at 4200$W 54 Court. The request is-to change the future land.use designation of the property from Community FaciI ty (Chi to Medium Density Residential(16 units per acre). AN ORDINANCE AMENDING ING THE 'LAND USE PLAN F THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA; REQUEST BY LEIGH ROBINSON . KERR &' ASSOC IATES INC. TO REDES "COMMUNITY FACILITIES" (CFj TO "MEDI UMT DENSITY RESIDENTIAL" (16 UNITS PER ACRES) FOR PROPERTY LEGAALLY DESCRIBED N,EXH BIT - AP OF WFiICHrIS ATTACHED' TO THIS ORDINANCE; PROVIDING THAT- ALL l ORDINANCES OR PARTS OF'ORDfNANCES.IN CONFLICT WITH HIS ORDINANCE AFjE REPEALED:TO 1 HE EXTENT FSUUCH CONFLICT; FURTHER, PROVIDING POR AN EFFECTIVE DAIS. (Adoption-2nd Reading) q y . 4. city of Dacia Beach - � t Bounaay Map �. Exhibft'A'-Legal Description. Parcel A,Sheridan House Plat(Plat Book 105,Page 50),.Public Records of Broward County Florida, Copies of the proposed request are available for viewing in the Department of Community Development, 100 West viewing Dania n the ach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday-Friday please call (954) 924-6805-x3645 for more information. Interested parties may appear at the public hearing and be.heard with respect to the proposed petition.. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceersons should I L 3cftfie C'�y Clerk at 100 W. Dania Beach Blvd, Dania Beach, FL 33004-or (9$4) 924-3600, at least 48 hours prior to meeting. 'Any person who decides to appeal any decision made by the Cily Commission with regard to any matter considered at this meeting or hearing will need a record of the procings and for such purpose may need to ensure that a veeedrbatim record of .the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. - Lou Ann Cunningham Planning Associate CITY OF DANIA BEACH Agenda Item # t. D Agenda Request Database Date of Commission Meeting: 4-8-2008 Public Hearing X❑ Adopt Resolution ❑ Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2008-001 ODOPTION STAGE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE DANIA BEACH COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT(PSFE),AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT(FLUE),INTERGOVERNMENTAL COORDINATION ELEMENT(ICE),AND THE CAPITAL IMPROVEMENTS ELEMENT(CIE)IN ORDER TO INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY FLORIDA STATE STATUTES;PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184,FLORIDA STATUTES;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Adoption of Comprehensive Plan Amendments to Implement School Concurrency Requirements(SECOND READING: PUBLIC HEARING REQUIRED) Ordinance Staff Report Response Exhibit A- Future Land Use Element Exhibit B- Intergovernmental Coordination Element Exhibit C-Capital Improvement Element Exhibit D -Public Schools Facilities Element Comprehensive Plan Approved Interlocal Agreement Public Hearing Notice Exhibit 1 Exhibit 2 Exhibit 3 uExhibit 4 Exhibit 5 �Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie 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. 2008-001 ADOPTION STAGE AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DANIA BEACH COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT (PSFE), AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE), INTERGOVERNMENTAL COORDINATION ELEMENT (ICE), AND THE CAPITAL IMPROVEMENTS ELEMENT (CIE) IN ORDER TO INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY FLORIDA STATE STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2005, the Florida Legislature adopted Senate Bill 360, which, in relevant part, required all non-exempt local governments and school boards to adopt the necessary comprehensive plan amendments to establish public school concurrency; and WHEREAS, pursuant to Florida Statutes, the Department of Community Affairs created a phased schedule for the adoption of public school concurrency, which provided that all non- exempt local governments within Broward County must adopt the necessary comprehensive plan amendments prior to February 1,2008; and WHEREAS, given that the City is not exempt from public school concurrency, City staff recommends : the adoption of the proposed amendments to the Future Land Use, Intergovernmental Coordination, and Capital Improvements Elements, attached as Exhibits "A," "B", and "C" respectively, and the creation of the Public School Facilities Element, attached as Exhibit "D," in the City of Dania Beach Comprehensive Plan (the "Comprehensive Plan") in order to meet the state mandated requirements of public school concurrency; and WHEREAS, after an advertised public hearing, the Planning and Zoning Board, sitting as the City's Local Planning Agency, reviewed the proposed amendments and recommended approval to the City Commission; and WHEREAS, after having received extensive input and participation by interested members of the public and staff, and having considered the recommendation of the Planning and Zoning Board, the City Commission transmitted the proposed amendments to the Florida Department of Community Affairs, other units of local government and governmental agencies as required by law for their review after first reading of this Ordinance; and WHEREAS, the Florida Department of Community Affairs, other units of local government and governmental agencies as required by law have reviewed the proposed amendments to the Comprehensive Plan attached to this Ordinance and submitted their comments, if any, to the City Commission before second reading; and WHEREAS,the proposed ordinance has been noticed in accordance with applicable law; and WHEREAS, the City Commission finds that the proposed amendments are consistent with Florida law and the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That the City Commission amends and adopts Chapter 1 of the Comprehensive Plan entitled"Future Land Use Element," as provided in Exhibit "A," in order to meet the state mandated requirements of public school concurrency. Section 3. That the City Commission amends and adopts Chapter 8 of the Comprehensive Plan entitled "Intergovernmental Coordination Element," as provided in Exhibit "B,"in order to meet the state mandated requirements of public school concurrency. 2 ORDINANCE#2008-001 Adoption Stage Section 4. That the City Commission amends and adopts Chapter 9 of the Comprehensive Plan entitled "Capital Improvements Element," as provided in Exhibit "C," in order to meet the state mandated requirements of public school concurrency. Section 5. That the City Commission creates and adopts Chapter 11 of the Comprehensive Plan entitled "Public School Facilities Element," as provided in Exhibit "D," in order to meet the state mandated requirements of public school concunency. Section 6. 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 7. 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 8. That this Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of these plan amendments approved by this Ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the plan amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. The Department of Community Affairs' notice of intent to find the plan amendments in compliance shall be deemed to be a final order if no timely petition challenging the plan amendments is filed. 3 ORDINANCE#2008-001 Adoption Stage PASSED on first reading on December 11, 2007 (transmittal stage). PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE#2008-001 Adoption Stage CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION DATE: April 8, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie and Leigh R. Kerr, AICP RE: Adoption of Comprehensive Plan Amendments to Implement School Concurrency Requirements (SECOND READING: PUBLIC HEARING REQUIRED) Effective February 1, 2008, State Law requires new residential development be evaluated to determine if the anticipated additional students will exceed the adopted level of service ("LOS") for any public school serving the development. The School Board has defined LOS as 110% or less of the student capacity of any public school. State Law requires Dania Beach to adopt a "Public Schools Facilities Element" and amend the "Capital Improvements", "Intergovernmental Coordination", and "Future Land Use Elements" as they relate to school concurrently. On January 8, 2008, Dania Beach adopted an inter-local agreement with the County and School Board to implement the plan amendments. The agreement required that school concurrency be determined at time of plat or site plan approval. If school capacity is not sufficient, the developer is required to dedicate land, pay for the construction of new school buildings, or other options deemed acceptable by the School Board. As of February 1, 2008, the City Commission cannot approve a site plan or plat unless the developer has addressed school concurrency. The amendments follow a format determined by the Broward County School Board. If the City fails to adopt the amendments, or adopts alternative language not acceptable to the School Board, the City faces sanctions such as possible loss of state revenue sharing funds. Based on new school capacity data included in the element, all public schools serving Dania are currently operating at or under capacity. The Florida Department of Community Affairs issued the Objections, Recommendations and Comments (ORC) report on February 15, 2008. The City has prepared the response document to the ORC which is included with this memo. The amended School Element is also provided, which was amended in response to the ORC report. Planning and Zoning Board (Local Planning Agency) recommended approval on November 29, 2007 and the City Commission passed on first reading December 11, 2007. 2211/L-I.Pato RESPONSE TO OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR THE CITY OF DANIA BEACH PROPOSED COMPREHENSIVE PLAN AMENDMENT 08-PEFEI. I. Consistency with Rule 9J-5, F.A.C., and Chapter 163, F.S. The proposed City of Dania Beach amendment package 08-PEFEI contains a new Public School Facilities Element (PSFE), text amendments updating the Intergovernmental Coordination Element (ICE) and the Capital Improvements Element(CIE). The Department has identified objections and comments to the following proposed amendments: Obiection#1 The City of Dania Beach and the Broward County School Board have not signed the revised interlocal agreement. Authority: Section 163.31777(1)(a) and (d), 163.31777(2) and (12), and 163.3180 (13)(g), F.S. Recommendation: The City of Dania Beach needs to sign the interlocal agreement with the Broward County School Board and include the agreement when the adopted Public Education Facilities Element is submitted to the Department. Response: The City of Dania Beach has signed the attached interlocal agreement. Obiection#2 The interlocal agreement does not include the appropriate circumstances and criteria under which the School Board may request an amendment to the comprehensive plan for school siting. Authority: Section 163.31777(2)(c), 163.3180(13)(g), F.S; Rule 9J-5.025(2)(f), (3)(b)4, (3)(c)4, and (4),F.A.C. Recommendation: The Department recommends that the criteria be included in the interlocal agreement at the time of adoption. Response: The interlocal agreement has been revised to include the above noted criteria. 1 2211!Schools Elemmt/SchoolsSchools ORCRe ponwl)oc.doc Obiection#3 The 5-Year Education Facilities Work Plan and the Proposed Public School Facilities Element Support Document project different total revenue and expenditures. The Work Plan has total Revenue and Expenditures for 2007/2008 at $908,146,000. The Public School Facilities Element Support Document has the projected revenue and expenditures for 2007/2008 at $881,891,000. Authority: Section 163.3180(13)(d)(1), F.S. ; Rule 9J-5.025(2)(g), (2)(h), (2)(i), F.A.C. Recommendation: Revise the 5-Year Education Facilities Work Plan or the Proposed Public School Facilities Element Support Document to be consistent. Response: The data and analysis has been updated to reflect the current District Educational Facilities Workplan. (See Item 1, Attachment B — Adopted 5 Year District Facilities Plan of the Support Documents). Also, see page 44 of the Public School Facilities Element Support Document, Table 17 & 18. Obiection#4 Attachment B in the Public School Facilities Element and the 5-year school district facilities work program have inconsistent data. The data and analysis discussion includes estimates of revenues and expenditures that are not consistent with Attachment B of the district work program submitted to the Department of Education. Therefore, the element has not adequately addressed existing revenue sources and funding mechanisms available for school capital improvements financing and estimates of cost for existing and future needs for the next five year period nor has a financially feasible capital improvements program for public schools been provided. Authority: Section 163.3177(12)(e), F.S.; Rule 9J-5.005(2) and 9J-5.025(2)(g),(h),(i), and 0), F.A.C. Recommendation: Revise the data and analysis and Attachment B to be consistent and to include the current and best available information, including a financially feasible capital improvements program. Response: The data and analysis has been updated to reflect the current District Educational Facilities Workplan (See Item 1, Attachment B — Adopted 5 Year District Facilities Plan of the Support Documents). Also, see page 44 of the Public School Facilities Element Support Document, Table 17 & 18. 2 2211/Schools Element/SchoolsSchools ORCResponwDocAm Obiection#5 Attachment C of the Public School Facilities Element includes the expired 2001-2006 educational plant survey rather than the current survey. Authority: Section 163.3177(12)(c), F.S.; Rule 9J-5.005(2) and 9J-5.025(2), F.A.C. Recommendation: Include the current educational plant survey in Attachment C. Response: The School Board of Broward County has provided a letter by the Department of Education approving an extension to submit the revised Educational Plant Survey until October 20, 2008. See Support Documents Attachment H. Obiection#6 Attachment G of the data and analysis includes a list of all schools within Broward County and their projected enrollments. However, most of the schools listed do not include the projected enrollment for the 2011/2012 school year. In addition, Attachment G does not include the planned improvements for 2011/2012 for most schools. Authority: Section 163.3177(12)(c), F.S., and Rule 9J-5.025(2)(b) and (h),F.A.C. Recommendation: Revise Attachment G to include enrollment projections and planned improvements for all schools for the 2011/2012 school year. Response: Attachment G has been corrected to address the missing 2011/2012 data. Objection#7 Although the need for supporting infrastructure was mentioned on page 16-1 of the Proposed Support Document, there is no discussion of supporting infrastructure regarding water, sewer, roads and drainage for existing and projected public school facilities. Authority: Section 163.3177(12)(c), F.S., and Rule 9J-5.025(2)0, F.A.C. Recommendation: Include data and analysis to address the need for supporting infrastructure (water, sewer, roads and drainage) for existing and future school facilities. Response: The Public School Facilities Element Support Document was updated to include additional discussion on supporting infrastructure regarding water, sewer, roads, and drainage for existing and projected public school facilities. See Section A-7, page 11. 3 2211/Schools Element/SchoolsSchools ORCResponseDoc.doc Obiection#8 Section 8.7 in the Interlocal Agreement provides that school concurrency shall commence upon the effective date of the plan amendments, adoption of the land development regulations, and execution of the amended agreement. Sections 8.2 and 8.12 provide that the local governments will adopt the implementing land development regulations within 90 days of the effective date of the plan amendments. Pursuant to Section 163.3194(1)(b), school concurrency will go into effect upon the effective date of the plan amendments. This statute states: "During the interim period when the provisions of the most recently adopted comprehensive plan, element or portion thereof, shall govern any action taken in regard to an application for a development order." Sections 8.2, 8.7 and 8.12, taken together, would delay implementation of school concurrency and is inconsistent with requirements of Section 163.3194(1)(b), Florida Statutes. Authority: Section 163.3194(1)(b), Florida Statutes. Recommendation: To resolve the inconsistency, the Department recommends that Section 8.7 of the Interlocal Agreement be revised to delete the language "the adoption of the Land Development Regulations". Response: See revised Section 8.7 of the Interlocal Agreement. 4 2211/Schools Elemmt/SchoolsSchools ORCResponseDoc.doc Exhibit "A" Ordinance #2008-001 City of Dania Beach Chapter 1 Future Land Use Element Text Amendment Objective XV Concurrency management systems shall be established to effectively monitor and manage new growth, in conformance with Florida's Comprehensive Planning and Land Development Regulation Act, including Section 1633180 Florida Statutes (19"). (B.C.O. #08.06.00) Policy 15.1 Dania Beach shall establish concurrency management systems to effectively manage new growth and to ascertain whether necessary facilities identified within their local Capital Improvements Elements are being constructed in accordance with the schedules in its local plan and to measure the development capacity of such facilities in a given area at a given time. (B.C.#08.06.01) Policy 15.2 Those facilities that are subject to the local concurrency requirements include: traffic circulation, recreational, drainage and flood protection, potable water, solid waste and sanitary sewer facilities,and public education. (B.C.P.#08.06.02) Objective XVI Encourage the development and implementation of land use controls to increase the protection and enhancement of beaches, rivers and marine resources identified on the Natural Resources Map Series of the Dania Beach Land Use Plan Map Series. (B.C.O. #9.03.00) Policy 16.1 Land development codes and regulations shall require the protection and/or restoration of beaches, particularly dunes and vegetation, through techniques such as conservation easements, revegetation,elevated walkways,and clustering of developments. (B.C.P.#09.03.01) Policy 16.2 Priority shall be given to water-dependent uses such as marinas and public access to waterways, in decisions affecting waterfront property. (B.C.P.#09.03.02) HXommunity Development Work Folder\School Element and ILA\0-2008-001 Exhibit A-FLU Text Amendment(School Elementldoc Exhibit "A" Ordinance #2008-001 Objective XXVIII Coordinate future land uses with the availability of public elementary and secondary education facilities Policy 28.1 The City shall determine the consistency of land use plan amendments with their Public School Facilities Elements. The consistency finding shall address whether sufficient capacity is available, or anticipated within the short or long-range planning horizon of their Elements, to accommodate the projected student impact of proposed amendments. As provided for within the Amended Interlocal Agreement for Public School Facilities Planning (ILA), the School Board of Broward County shall advise the City regarding the projected student impact of amendments and the availability of capacity at impacted schools. Policy 28.2 The City shall not accept a building permit application, nor issue a building permit, for new or additional residential units, unless the applicant presents evidence from Broward County that the impact of the proposed development on public educational sites and facilities has been mitigated by payment of school impact fees, based on the fee schedule and accompanying provisions of the Broward County Land Development Code. Alternative methods of mitigation for school impacts may only be approved via a recorded agreement among the property owner(s), Broward County, and/or the City and the School Board of Broward County. Policy 28.3 The City, Broward County and the School Board of Broward County shall coordinate through the processes and procedures identified in the ILA to ensure collaborative planning and decision making on population projections and public school siting and to accomplish coordination between the adopted local comprehensive plans and the School Board's District Educational Facilities Plan. Policy 28.4 The City, Broward County and the School Board of Broward County shall explore and evaluate opportunities for collocation and shared use of school facilities and civic and recreation facilities during their capital improvement planning processes and other processes as provided for in the ILA. Policy 28.5 The City, Broward County, and the School Board of Broward County will coordinate through the procedures established in the ILA and the Broward County and local land use planning process to ensure that proposed public school facility sites are consistent and compatible with the land use categories and policies of their comprehensive plans and enable a close integration between existing and planned schools and surrounding land uses. HACommunity Development Work Folder\School Element and ILA\0-2008-001 Exhibit A-FLU Text Amendment(School Element).doe Exhibit "B" Ordinance #2008-001 City of Dania Beach Chapter 8 Intergovernmental Coordination Element Text Amendment OBJECTIVE III Continue current practices coordinating the provision of adequate consistent levels of service as outlined in the Comprehensive Plan for public entities that have operational and maintenance responsibilities for these facilities. Policy 3.9 Pursuant to Chapter 163.3177(h) F.S., the City of Dania Beach, the County and the School Board shall coordinate their planning and permitting processes consistent with the procedures established within the Interlocal Agreement(ILA) as follows. 1. Review and update of the annual District Educational Facilities Plan (DEFP) containing the financially feasible schedule of capital improvement for school facilities needed to achieve and maintain the adopted level of service stands in all Concurrency Service Areas. 2. Coordinate Citv and County land use planning and permitting processes with the School Board's site selection and planning process to ensure future school facilities are consistent and compatible with land use categories and enable a close integration of between existing and planned school facilities and the surrounding land uses. 3. Coordinate the preparation of the City and County projections for future development with the School Board's school enrollment projections to ensure consistency between the City and County future land use plans and the long term school planning process. 4. Coordinate with the School Board through the Staff Working Group and Oversight Committee regarding the preparation of the City and County annual comprehensive plan updates and the School Board's annual undate of the DEFP to ensure consistency between the plans. 5. Coordinate with the School Board on the planning, siting, land acquisition, permitting and development of new school facilities to ensure the availability of public facilities, services and grounds, especially for purposes of exploring collocation opportunities. 6. Revise City and County land development codes and School Board policies to establish a county-wide public school concurrencesystem. HACommunity Development Work Folder\School Element and ILA\0-2008-001 Exhibit B-ICE Text Amendment(School Element).doc Exhibit "C" Ordinance #2008-001 City of Dania Beach Chapter 9 Capital Improvement Element Text Amendment Mective VI 1 The City of Dania Beach in collaboration with the School Board and Broward County, shall ensure that public school facilities are available for current and future students consistent with available financial resources and the adopted Level of Service (LOS) standard. Polices Consistent with policies and procedures within the Interlocal Agreement, the District Educational Facilities Plan (DEFP) shall contain a 5 year financially feasible schedule of capital improvements to address existing deficiencies and achieve and maintain the adopted LOS standard in all Concurrence Service Areas. This financially feasible schedule shall be updated on an annual basis and annually adopted into the Capital Improvement Element (CIE). Policy 6.2 The uniform district-wide LOS shall be 110% of the permanent FISH capacity for each public elementary middle and high school. Policy 6.3 The adopted LOS shall be applied consistently by the City of Dania Beach, Broward County and the School Board district-wide to all schools of the same type. Policy 6.4 The School Board's DEFP as adopted and amended by the School Board on August 1 2007 is adopted by reference into the CIE. H Community Development Work Folder\Schwl Element and ILA\0-2008-001 Exhibit C-CIE Text Amendment(School Element)doc6 menses\-008 Elydineneesl9 2908 001-Er CHAPTER 11 PUBLIC SCHOOL FACILITIES ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN TT.,..ember 2007 April 2008 Community Development Department City of Dania Beach Public School Facilities Element TABLE OF CONTENTS PAGE SUPPORTDOCUMENT..............................................................................................................1 A. Overview of School Facilities Planning ....................................................................................I 1. Introduction .........................................................................................................................1 2. Concurrency Management System (CMS)..........................................................................3 3. Collaborative Planning Process and Intergovernmental Coordination................................3 4. Level of Service Standard Methodology.............................................................................4 5. Problems and Opportunities for Existing and Future Schools.............................................5 6. Need to Support Public Facilities for Existing and Future Schools...................................I I B. Data& Analysis.......................................................................................................................12 1. Population and Housing Conditions..................................................................................12 Population Growth in Broward County.............................................................................12 SchoolAge Population ......................................................................................................13 HousingCharacteristics. ....................................................................................................14 DevelopmentTrends..........................................................................................................15 2. Current Profile of Broward County Public Schools ..........................................................16 Summary Profile of Public Schools in Broward County..................................................16 ElementarySchools ..........................................................................................................17 MiddleSchools.................................................................................................................24 HighSchools.....................................................................................................................27 CharterSchools.................................................................................................................29 SpecialSchools.................................................................................................................32 AncillaryFacilities............................................................................................................34 3. Projected 5 Year(S/T) School Enrollment, Capacity, LOS & Improvements Costs........35 4. Projected 10 Year(L/T) School Enrollment, Capacity, LOS & Improvements Costs......29 5. Collocation of School Facilities.........................................................................................39 6. Opportunities to Locate School to Serve as Community Focal Points..............................41 7. Emergency Shelters ...........................................................................................................42 8. Funding Sources for Capital Improvements......................................................................43 C. Goals, Objectives and Policies..................................................................................................... City of Dania Beach Page 11 - i Comprehensive Plan Public School Facilities Element Public School Facilities Element LIST OF ATTACHMENTS A Interlocal Agreement for Public School Facilities Planning(ILA) B Adopted 5 Year District Educational Facilities Plan (DEFP) (2007-2012) C School Board of Broward County Educational Plant Survey (2001-2006) D 2007-2012 Level of Service (LOS) Plan E Existing Collocation Facilities F Potential Collocation Facilities G Table 11: Current & Projected 5 Year(S/T) School Facilities (each school) H Florida Department of Education Letter LIST OF TABLES NO PAGE 1 Summary of Enrollment Projections.............................................................................6 2 Charter Schools Serving Elementary, Middle and High School Students .................10 3 Population Broward County 1970-2015.....................................................................13 4 School Age Population Broward County 1970-2015 .................................................14 5 Housing Characteristics Broward County 1970-2005 ...............................................15 6 Residential Building Permits Issued by Type 2005-2015 ..........................................15 7 Summary Profile of School Capacity .........................................................................16 8 Age of School Facility Buildings................................................................................16 9 Current Profile - Broward County Elementary Schools U06/2007/2008...................17 9A Current Profile - Broward County Middle Schools 2006/2007/2008 .........................25 9B Current Profile - Broward County High Schools 1006/2007/2008 ............................27 City of Dania Beach Page 11 - ii Comprehensive Plan Public School Facilities Element Public School Facilities Element 10 Current Profile - Broward County Charter Schools 2-0"/2007/2008 ........................29 11 Current& Projected 5 Year(S/T) School Facilities (each school) .........Attachment G 12 Current Profile—Broward County Special Schools 2006/2007/2008........................33 13 Ancillary Facility Inventory........................................................................................34 14 Land Area Requirements ............................................................................................37 15 Projected 10 Year(UT) School Facilities by Planning Area and District-Wide .......39 15A Analysis of Planning Area/ Seat Availability............................................................41 16 List of Emergency Shelters.........................................................................................43 17 Estimated Revenue and Financing Sources................................................................44 18 Estimated Appropriations ...........................................................................................44 19 Estimated Expenditures—Debt Service/Capacity....................................................45 LIST OF MAPS NO 1 Existing Public Schools& Ancillary Facilities - 2007.................................................47 2 Elementary School LOS —2007-2008..........................................................................48 3 Middle School LOS—2007-2008.................................................................................49 4 High School LOS —2007-2008.....................................................................................50 5 Elementary School LOS—2011-2012..........................................................................51 6 Middle School LOS—2011-2012..................................................................................52 7 High School LOS —2011-2012......................................................................................53 8 Existing Collocation and Shared Use Inventory...........................................................54 9 Potential Collocation and Shared Use Inventory .........................................................55 10 Emergency Shelters ......................................................................................................56 City of Dania Beach Page 1 I - iii Comprehensive Plan Public School Facilities Element Public School Facilities Element SUPPORT DOCUMENT A. Overview of School Facilities Panning 1. Introduction Over the past decade the Florida Legislature has progressively strengthened the ties between school planning and general land use and comprehensive planning through amendments to Chapters 163 and 1013, Florida Statutes. The 2005 Legislature mandated that the availability of public schools be made a prerequisite for the approval of residential construction and directed a closer integration of planning for school capacity with comprehensive planning. Under the provisions adopted with Senate Bill 360: • Existing Interlocal Agreements between school boards and local governments will be updated and expanded to comply with the legislation. • Each local government is to adopt a Public School Facilities Element as part of its comprehensive plan. • Mandates school concurrency • Local governments must update their Intergovernmental Coordination Element and Capital Improvements Element to coordinate public school planning • Procedures for comprehensive plan amendments • Establish a process and uniform methodology for proportionate share mitigation. Public School Facilities Element Requirements The law requires that local governments adopt a public school facility element as a part of their comprehensive plans to establish a framework for the planning of public schools. (s. 163.3177(12), F.S.). Local governments were granted approximately three years to adopt a public school facilities element. As directed by the legislation, the Florida Department of Community Affairs has established a phased schedule for adoption of the elements with each local government adopting no later than December 1, 2008. This schedule established due dates which are staggered throughout the course of the 2008 calendar year. Broward County is required to adopt it no later than February 1, 2008. In addition, the Legislature established enforcement mechanisms should a local government and school district fail to adopt a public school concurrency program. The legislation prescribed the following minimum content requirements for goals, objectives, and policies: • procedure of annual update process; • procedure for school site selection; City of Dania Beach Page 11 - I Comprehensive Plan Public School Facilities Element Public School Facilities Element • procedure for school permitting; • provision of infrastructure necessary to support proposed schools; • provision for collocation of other public facilities in proximity to public schools; • provision for location of schools proximate to residential areas and to complement patterns of development; • measures to ensure compatibility of school sites and surrounding land uses; and • coordination with adjacent local governments and the school district on emergency preparedness issues. In addition, the element is to include one or more future conditions maps which generally depict; • the anticipated location of educational and ancillary plants anticipated over the five-year and long-term planning period. • depict the anticipated location of educational and ancillary plants, including the general location of improvements to existing schools or new schools anticipated over the 5-year or long-term planning period; and • out of necessity, the maps will be general for the long-term planning period and more specific for the 5-year period. Maps indicating general locations of future schools or school improvements may not prescribe a land use on a particular parcel of land. The data and analysis portion of the Public School Facilities Element must address: • how level-of-service standards will be achieved and maintained; • the interlocal agreement adopted pursuant to s. 163.31777 and the 5-year school district facilities work program adopted pursuant to s. 1013.35; • the educational plant survey prepared pursuant to s. 1013.31 and an existing educational and ancillary plant map or map series; • projected future population and associated demographics, including development patterns year by year for the upcoming 5-year and long-term planning periods; and • Anticipated educational and ancillary plants with land area requirements. • information on existing development and development anticipated for the next 5 years and the long-term planning period; • an analysis of problems and opportunities for existing schools and schools anticipated in the future; • an analysis of opportunities to collocate future schools with other public facilities such as parks, libraries, and community centers; • an analysis of the need for supporting public facilities for existing and future schools; • an analysis of opportunities to locate schools to serve as community focal points City of Dania Beach Page 11 -2 Comprehensive Plan Public School Facilities Element Public School Facilities Element 2. Concurrency Management System(CMS) The concurrency management system for Broward County is an intergovernmental effort that is grounded in the provisions of the Broward County Charter, which provide for county-wide planning processes implemented through the County's Land Development Code. The public school facility Concurrency Management System operates according to the state mandated requirements (Section 163.31777 F.S. and 163.3180 F.S.) for the implementation of school concurrency and the adopted School Board's Interlocal Agreement for Public School Facility Planning (Interlocal Agreement). These require Broward County, the School Board and non-exempt municipalities to ensure that the adopted Level of Service Standard (LOS) to be achieved and maintained for each school type and Concurrency Service Area(CSA). Unlike existing concurrency services (roads, sanitary sewer, solid waste, drainage, potable water, recreation and mass transit) which are the responsibility of local governments, the School Board, by constitutional mandate, has the responsibility of providing educational facilities to meet the needs of current and future students as represented in the School Board's adopted Five Year District Educational Facilities Plan (DEEP). The local governments, therefore, do not have control of the funding sources or the allocation of funds for new or renovated schools which would add student capacity. However, since the School Board isn't empowered to implement a Concurrency Management System on its own, it must rely upon the local governments to do so through their Land Development Regulations. The Broward County Land Development Code contains the County's Concurrency Management System. The Code requires plat approval of all parcels of land prior to receiving a Development Order. Plat approval applies to land within the municipal boundaries as well as that in the unincorporated areas. Per State requirements, the point of review for Public School Concurrency is at plat or site plan (or functional equivalent). When a development application is reviewed for school concurrency, it must be determined if the development is exempted or vested (as per Section 8.11 of the Interlocal Agreement) or has been issued a School Capacity Availability Determination Letter(SCAD)by the School Board indicating that adequate school capacity exists. If so, it can be accepted by the County for further processing. If the development application is not exempted or vested, it is subject to school concurrency and the applicant must submit a Public School Impact Application(PSIA) to the applicable local government for review by the School District according to the provisions and processes outlined in Section 8.13 of the Interlocal Agreement. 3. Collaborative Planning Process & Intergovernmental Coordination The collaborative planning process has greatly increased with the passage of the 2005 Infrastructure and Planning Act (SB 360) which mandated the adoption of a Broward City of Dania Beach Page 11 -3 Comprehensive Plan Public School Facilities Element Public School Facilities Element County Public School Facility Element and implementation of public school concurrency by February 1, 2008. Since the beginning of 2006, School Board staff has been working collaboratively with the County and municipalities through the School Board's Staff Working Group and Oversight Committee to form consensus on the amendments to the Interlocal Agreement and the preparation of a model Public School Facilities Element. Several Staff Working Group Subcommittees were also established to deal with issues including collocation of school facilities, land use changes and developing urban school standards. These committees continue to meet on a regular basis in order to implement the state mandated requirements to coordinate and collaborate on updates to the District Educational Financially Feasible Plan (DEFP), Concurrency Service Areas (CSAs) and amendments to the Comprehensive Plans of the County and non-exempt municipalities for the implementation of public school concurrency. 4. Level of Service Standard Methodologv The level of service standard is based upon the capacity of the school facility, which is the number of pupils to be served by the facility. The level of service is expressed as the percentage (ratio) of student enrollment to the student capacity of the school. The level of service is standard and is expressed in terms of Florida Inventory of School Houses (FISH) capacity. FISH capacity is determined by Florida Department of Education guidelines and represents a measure of the physical capacity of the facility itself. FISH capacity includes satisfactory student stations in permanent classrooms. The level of service standard is uniformly set at 110 percent for each school type (elementary, middle, high and special purpose schools)throughout Broward County's School District. The relationship of enrollment to capacity, for individual schools and for concurrency service areas, is derived directly from the five-year schedule of capital improvements that incorporates the Five-Year District Educational Facilities Work Program adopted annually by the School Board. The school capacity and level of service analysis is assigned in a capacity/enrollment and level of service table. This table provides a year- by-year projection of capacity, enrollment, levels of service and available capacity, illustrating surpluses and deficiencies, based on the financially feasible capital program adopted by the school district. Student enrollment is projected annually based on the specific function of the educational facility and the characteristics of the school attendance area, historical trends, the current and projected pace of development and the potential of vacant lands. Other factors such as students attending schools outside their assigned attendance areas due to reassignments, magnet programs, charter schools and other educational choices are factored into the methodology for enrollment projections and for allocating school capacity. City of Dania Beach Page l 1 -4 Comprehensive Plan Public School Facilities Element Public School Facilities Element Student enrollment projections are designated geographically using local development trend data and the school district student enrollment data. School-by-school enrollment projections by concurrency service areas are applied. General locations of future public schools to be constructed within the district over five years are applied to concurrency service areas relative to the location serving the anticipated capacity deficit. In addition, School Board Policy 5000 allows a variety of options to reduce or avoid the need for additional permanent student stations including, but not limited to: redistricting, reassignment, expanded capacity utilization(e.g. year round schools), and other options. School enrollments exceeding the available capacity resulting in a level of service greater than 110% in the first fiscal year achieve the level of service standard by the fifth year due to planned capital improvements not yet available until the final year. 5. Problems and Opportunities for Existing and Future Schools Land Availability A major issue facing the School Board is land availability. Existing schools recovering from the last thirty years of rapid growth have seen the school sites become crowded with classroom additions and relocatables. Additions/relocatables have taken over playfields, playgrounds, green space, and parking areas. The demand for larger water retention areas and more parking facilities has also reduced the useable area for the educational program. In addition, with current legislation demanding more accountability in the area of physical education schools face the dilemma of needing playfield areas to meet new Sunshine Standards for Education. Due to this land crisis, the School Board is developing strategies to reduce the site size requirement to build new schools and expand an already aggressive collocation model. By designing a tighter building footprint, sharing parking and playfrelds, as well as exploring the use of parking garages verse surface parking, this will be possible. In addition, as a standard practice, the School District tries to purchase school sites adjacent to parks and recreation areas. Construction Costs & Revenue Sources Another major issue is the shrinking of capital revenue and the rising cost of construction. The School Board annually tackles the tough task of balancing the needs for capacity additions versus capacity maintenance at the existing schools. In a district that must maintain an estimated 34 million square feet of space the need is great to fund the life cycle replacement of major infrastructure systems such as roofing, air conditioning, plumbing, and electrical distribution. The School Board has the challenge to not only add capacity but to maintain the existing capacity and its infrastructure. Declining Enrollment Proiections Declining enrollment has also offered some unique challenges to the district. First and foremost the decline is not uniform in nature as local communities go through their aging cycle at different rates. The district is still experiencing growth in certain areas of the county that has stressed the educational facility capacities in that area. Planning based on sound enrollment projections has proven to be a crucial component especially in times of financial City of Dania Beach Page 11 - 5 Comprehensive Plan Public School Facilities Element Public School Facilities Element The updated five-year student enrollment projections provide a basis for determining capital needs. Table 1 below, summarizes the prejeeted-actual enrollment, by level, for the 2007-2008 and the projected enrollment for 2011-2012 school years. The enrollment projections are compared to the 20a' day figures for the current (20062007-20G: 2008) school year. As indicated in the table, a decrease of �5733 711 students is prejeetedoccurred between 2006-2007 and fe�2007-2008. Table 1: Summary of Enrollment Projections 2007-2008 2011-2012 2006-2007 2007-2008 Increase over i� � 2011-2012 Increase over School Type 20 Day 20 Day 2006-2007 Enrollment Enrollment 20t Projected over Enrollment 2008 20 Da Pre- 33,876 4042 166 3,878 (164) Kindergarten Elementary 109,337 107,377 (1,960) 106,756 (621) K-5 Middle 55,955 53,743 2( ,2121 54,362 619 High 72,633 71,378 1( ,255) 70,665 7( 13� Centers 4 715 55 3 528 4 785 L8) Charters 16,100 17,122 1 022 17,318 196 TOTAL 262,616 258,905 3f ,711) 257,764 (1,141) Source: School Board of Broward County, 2007 Seheel Type 2006 2007 2011 er-ease 43 Eatr-ellmcat Fehool Year 2"" 3-eeaf RE-- 3-,5 3;&78 2 3,578 2 KindergarEea 40Q Elementary 409,337 107,060 f2,,177) 106,756 (2,581-) Middle 55,955 54,611 11344l 54,962 High 2,633 71_1� 701,665921 Centers 4,1-5 41485 !-70 4,3 5 70 hers 16,100 1=7,106 17,318 1-2F8Tn 262�16 259;239 ,� 2-3 64 (4;5324 The District is projected to decrease by 45321 441 total pre-kindergarten through twelfth grade students, including those in centers and charter schools, by the 2011-2012 school year. Enrollment in charter schools is 46 0017,122 this year, with six additional charter schools anticipated in 2007-2008the next year. Over-1 000Several hundred additional public school students will be enrolled in charter schools by the 2011-2012 school year. City of Dania Beach Page 11 - 6 Comprehensive Plan Public School Facilities Element Public School Facilities Element The increase in charter school enrollment will reduce the number of potential students that will need to be housed in existing or new District facilities. If the charter school trend does not continue, then these projected students will impact the capital needs of other public schools in the District. Recent trends and current birth data indicate that elementary (pre-kindergarten through grade 5) enrollment in District owned facilities will decrease over the next five years by 2;579785 students. Middle school enrollment in District owned facilities is projected to deerease byshow a slight increase of 4-,593619 students and high school enrollment will decrease by 4-,9HS713 students. By the end of the five-year period, Broward County School District's projected enrollment will total slightly over 257,-5 700 students. Class Size Reduction Requirements; Class size reduction is another major issue that the district is focusing much of its financial and human resources on to achieve the constitutional amendment goal. In November 2002, Florida voters approved the Class Size Reduction Amendment. Class Size Average was set at 18 students for Grades Pk-3, 22 students for Grades 4-8, and 25 students for Grades 9-12 and was designed to be implemented in three phases. For fiscal years: • 2003-04 through 2005-06, class size average was set at the district level; • 2006-07 and 2007-08, class size average was set at the school level; and • 2008-09 and thereafter, class size average will be calculated at the individual classroom level. Consequences for not meeting Class Size Targets Districts not in compliance with class size targets during the October student membership survey transfer undistributed funds proportionate to the amount of class size reduction not accomplished from the district's class size reduction operating categorical to an approved fixed capital outlay appropriation for class size reduction in the affected district. The amount of funds transferred would be the lesser of the amount verified or the undistributed balance of the district's class size reduction operating categorical. However, if there was evidence indicating that a district had been unable to meet class size reduction requirements, despite appropriate effort to do so, the Commissioner of Education could recommend that the Legislative Budget Commission approve an alternative amount of funds to be transferred from the district's class size reduction operating categorical to its approved fixed capital outlay account for class size reduction. Further, FDOE enforcement authority could develop a constitutional compliance plan for non-compliant districts. The constitutional compliance plan included, but was not limited to, the redrawing of school attendance zones to maximize use of facilities while minimizing the additional use of transportation, unless the district came into compliance based upon the February student membership survey. Strategy for Class Size Reduction Impacts To ensure that BCPS will accurately address the period-by-period Class Size Reduction City of Dania Beach Page 11 - 7 Comprehensive Plan Public School Facilities Element Public School Facilities Element Amendment implementation in 2008-09,the Superintendent has directed that a Class Size Reduction Action Committee (CSRAC) be established. The committee is comprised of Principals and District Administrative staff from Facilities, Budget, Curriculum, and Instructional Staffing. The CSRAC has met to prepare the groundwork for period-by- period implementation of Class Size Reduction legislation. The following tasks have been undertaken: • Determine District resources (Budget, Personnel Staffing, Facilities, Boundaries, ETS system modifications) necessary for the period-by-period implementation of the 2008-2009 class size reduction requirements. • Modify the monitoring tool to more accurately align District calculations to FDOE average class size calculations. • Develop a new method of forecasting teacher/classroom needs that takes into account classroom scheduling and space utilization considerations. Additional factors that have been integrated in this school-by-school analysis include: teacher hiring, programs, scheduling, and classroom student-station utilization. This analysis will: o Take into consideration the current plans for new classroom additions to schools, and make recommendations to facilitate each school's implementation of the 2008-2009 period-by-period class size reduction requirements. o Consider the five-year projection for each school, and make personnel staffing and facility recommendations. o Determine additional funding required for period-by-period implementation of the 2008-2009 class size reduction requirements. o Five schools are scheduled for early full class size implementation and will provide information on challenges the district may face in 2008-09 when all schools will be mandated for period-by-period full class size. The five schools scheduled for early full class size implementation include: Mirror Lake Elementary, Westglades Middle, Falcon Cove Middle, Monarch High, and Hallandale High Schools. Options for Reducing Capacity Broward County Schools has considered options to optimize the usage of educational facilities within the District. Each year the District undergoes an extensive boundary process and considers the effectiveness of programs that are being utilized as an alternative to adding capacity. Boundary Process: Each year the District undergoes a boundary process that considers the demographic changes in student populations, available and future facility capacity, programming components, as well as the diversity at each school. As part of the annual boundary process the District relies on input from the communities and stakeholders. Through the boundary process, every effort is made to maintain equal educational opportunities. City of Dania Beach Page 11 - 8 Comprehensive Plan Public School Facilities Element Public School Facilities Element Multi-track Scheduling: Broward County Schools has utilized multi-track schedules for an elementary school successfully. In that school, this multi-track schedule accommodated up to 150% of the school's FISH capacity in the 2005-06 school year. The community was content with the multi-track scheduling and has shown increases in student achievement, attendance and less discipline situations. The District has continued to utilize this method to increase the utilization of schools. Grade Level Organization: Various grade level configurations are examined to reduce capacity. Presently we have one primary school with grade levels of K-3. Some elementary schools are utilizing off campus annexes as temporary facilities while permanent capacity is being built. At one high school an off campus ninth grade center has been implemented. Block Scheduling: Broward County Schools have been in the forefront of implementing and evaluating block scheduling. Broward County Schools utilize block schedules at several schools. High School Options: Dual enrollment gives high school juniors and seniors the opportunity to take college level courses and receive credits towards high school graduation. If a student qualifies for this it can free up capacity while benefiting student achievement. The early admissions and 18 credit diploma option allows for high school students to apply for early graduation, which will also relieve enrollment at our high schools. Other Alternatives: Broward County Schools has also been using creative alternative methods to assist in distributing the student population by allowing parents and students the choice of school assignment. Some examples are: • Magnet Schools: The District offers magnet programs in several locations largely in schools where space is available. These programs offer a thematic educational program; which entices students/parents to choose a school and fill available seats. They have been a popular choice alternative option. Charter Schools: The District has led the state in the number of students attending charter schools. During the 1999-00 school year 3,873 students attended charter schools. Since that time charter school enrollment has increased an additional „z�13,249 students, enrolling a total of 17,122 46400-students during the 2,0 H2007-07­08 school year. Six mere ewers a-' - eWd to pen for the .:re eY--- year and r- r City of Dania Beach Page 11 -9 Comprehensive Plan Public School Facilities Element Public School Facilities Element Table 2: Charter Schools ServingElementary, Middle and Hi h School Students rv, ¢ Charters Serving Elementary Charters Serving Middle Charters Serving High School School Students School Students: Students: Advantage Academy Broward Ben Gamla Charter(New) City of Coral Springs Charter (New) Broward Community Charter International School of Broward Ben Ganda Charter(New) Chancellor at North (New) Life Skills North Broward Community Charter Lauderdale Middle Lauderdale Academy Broward Community Charter City of Coral Springs Charter Parkway Academy West Central Charter School Discovery Middle Charter City of Pembroke Pines Charter Chancellor at North Lauderdale (New) High Elementary Downtown Academy of Smart School Institute Chancellor at Weston Technology & Arts Somerset Academy High Charter Institute Training Center Eagle Academy Somerset Conservatory Charter Institute Training Center Eagles Nest Annex Florida Intercultural (New) Charter School of Excellence Hollywood Academy Dayspring Elementary Charter International School of (New) Eagles Nest Excelsior Broward(New) Charter of Broward Florida North Broward Academy of Intercultural Excellence Hollywood Academy Paragon Academy Kidz Choice Charter City of Pembroke Pines North Broward Academy of Charter Middle - Central Excellence Campus Paragon Elementary City of Pembroke Pines - City of Pembroke Pines Charter Forman Campus Elementary -Central Campus City of Pembroke Pines City of Pembroke Pines Charter Charter Middle - West Campus Elementary -East Campus Pompano Charter City of Pembroke Pines - Forman Somerset Academy Middle Campus Somerset at Miramar City of Pembroke Pines Charter Smart School Middle Elementary-West Campus Sunshine Academy Somerset Academy Touchdowns4Life Somerset Academy Davie Somerset at Miramar Somerset Neighborhood Sunrise Community Charter Sunshine Academy Davie West Sunshine Elementary Charter Susy Daniels Source: School Board of Broward County, 2007 City of Dania Beach Page l 1 - 10 Comprehensive Plan Public School Facilities Element Public School Facilities Element 6. Need to Support Public Facilities for Existing and Future Schools Public & Private Partnerships The Broward County Public Schools District understands how essential community involvement is to the success of its students. Developing partnerships with private as well as public entities helps to insure that the entire community becomes a part of and enhances the educational process for both K-12 and adult students. The school system has identified community involvement as one of the key areas within the school system's strategic plan. The district believes that community involvement is vital to student achievement. The Districtis has more than 45,400 volunteers and 2,350 school level partners that support Broward Schools. u..e a_a County PUbli. Sehaels The District has launched the Speakers Bureau offering businesses, community groups and organizations the opportunity to have education experts speak about Broward County Public Schools. The Speaker's Bureau is a component of the District's Strategic Communications Plan. It is designed to facilitate an understanding of the purpose, structures and effectiveness of Broward County Public Schools. This outreach project will increase the dissemination of positive information about the District and enhance relations with the community. The Speakers Bureau takes the dissemination of information to a personal level that allows discussion and encourages community input. The district also coordinates educational programs with the Museum of Discovery and Science, the Broward County Library System, as well as Broward County and local parks and recreation departments. Student Enrichment in the Arts (SEAS) The Student Enrichment in the Arts (SEAS) program was formed from collaboration between Broward County Public Schools and the Broward Center for the Performing Arts in March 1990. According to the partnership,the school system has a forty-year rent-free lease, which includes exclusive use of the Broward Center Amaturo Theater during the day throughout the school year. The SEAS program offers a different style of learning by integrating theatrical performances, such as music, dance and drama into the students' education. Since inception of the program, over 1.7 million students have attended. The Broward County Public School system and the Broward Center for the Performing Arts continue to be on the cutting edge of education. To complement SEAS, the Reading Residency program was designed to improve reading and verbal understanding for economically disadvantaged students. 7. Analysis of Infrastructure Needs for Existing and Proposed School Facilities (Rule 9J- 5.025(2)(f),F.A.Q. Broward County currently has 283 public school facilities including elementary, middle, high charter and special schools There are 22 additional school facilities which are planned to open within the next five years. Due to the fact that Broward County is predominately built out the major infrastructure including; roads, drainage, sanitary sewer and potable water facilities are available to support existing and proposed school facilities. City of Dania Beach Page 11 - 11 Comprehensive Plan Public School Facilities Element Public School Facilities Element One area which needs attention however, is pedestrian infrastructure. The County has some areas where sidewalks and unobstructed access to schools can be improved. To address this, Broward County promotes safe routes to schools through the Broward County MPO 2030 Long Range Transportation Plan. A goal to "ensure and where possible enhance safety and security" in transportation proiects near schools is intended to reduce hazards by providing the necessary infrastructure for pedestrians within a 2 mile radius of schools deemed "hazardous" for school children. In furthering this goal, the 2030 Plan proposes sidewalk infrastructure improvements in areas which are deemed hazardous and/or enhance the safety and security of pedestrians. In addition, during the development review and site selection process of any proposed school, all infrastructure needs are taken into consideration. These procedures and processes are outlined in Sections V and VI of the ILA. The School Board also requires that all major expansion, remodeling and/or replacements projects (exceeding $1,000,000) 20 through a Master Planning process. This process, which involves public input, must evaluate infrastructure issues such as; site circulation, parking, retention areas and public utility locations. B. Data and Analysis 1. Population and Housing Conditions Population Growth in Broward County As displayed in Table 3 below, Broward County has experienced significant population growth since 1970. In 1970 Broward County had a population of 620,100 and in 2005 the population was 1,765,855, a growth of almost 285%. Though the County is approaching "build-out", expectations are that growth will continue. The future pace of growth will be less than in past years, both in terms of percentage and in absolute growth as Broward makes the transition from large tracts of Greenfield development to "redevelopment". At the same time the demographics of the population will continue to change. A larger percentage of growth will come as result of in-migration from abroad. Generally, migrants are younger and less likely to have a family. The "Median Age" and "% 65 or over" columns are indicators of this change. Broward's median age increased as it became home to larger numbers of retirees during the 1970's and early 1980's. Since that time, the median age decreased and is expected to continue to do so. The population ages 65 or greater peaked in the early 1980's with 22%; but, as international migration to Broward increases that percentage drops significantly to 14% in 2005. At 13% of the total in 2010, it approaches its lowest level since 1960, before the migration of the retirees. City of Dania Beach Page 11 - 12 Comprehensive Plan Public School Facilities Element RESOLUTION NO. 2008-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING, BROWARD COUNTY, FLORIDA'; PROVIDING FOR AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO THIS AGREEMENT;. PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach (the "City"), Broward County, and the Broward County School Board recognize their mutual obligation and responsibility for the education, nurturing, and general well-being of the children within the City; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, requires each county, all the non-exempt municipalities within that county, and the district school board to establish, by interlocal or other formal agreement executed by all affected entities, joint processes for comprehensive land use and school facilities planning programs; and WHEREAS, in 2003, the City entered into the "Interlocal Agreement for Public School Facility Planning, Broward County, Florida" establishing joint processes for comprehensive land use and school facilities planning programs; and WHEREAS, in 2005, the Florida Legislature adopted Senate Bill 360, which, in relevant part, required all non-exempt local governments and school boards to enter into a revised interlocal or other formal agreement to establish public school concurrency; and WHEREAS, in order to meet this new state mandate, the City Commission approves the "Amended Interlocal Agreement for Public School Facility Planning, Broward County, Florida," (the "Interlocal Agreement") in substantially the form attached as Exhibit "A," and authorizes the City Manager to enter into this Interlocal Agreement for the City; and WHEREAS, public notice was provided in accordance with law; and CERTIFICATION ! rtify rhos to oe a true and corlectOr�,opy WITNESS my hand and official seal of the Clty f banla l3mch Broward County,Flo thts, day of p City Clerk WHEREAS, the City Commission finds that adoption of this Interlocal Agreement is in the best interest and welfare of the residents and citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That each of the above stated recitals is adopted and confirmed. Section 2. That the City Commission approves the "Amended Interlocal Agreement for Public School Facility Planning, Broward County, Florida," in substantially the form attached as Exhibit"A." Section 3. That the City Manager is authorized to take all action necessary to enter into the "Amended Interlocal Agreement for Public School Facility Planning, Broward County, Florida," in substantially the form attached as Exhibit "A," for the City. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED on January 22, 2008. OB AN N MAYOR-COMMISSIONER EST_ LOUISE STILSON, CMC CITY CLERK APPROVED AS TO T \CORRECTNESS: BY: THO AS . A SBRO CITY AT ORNEY 2 RESOLUTION#2008-005 s } CITY OF DANIA BEACH through its Mayor, authorized to execute same by Commission action on the 22^d day of January,2008. CITY OF DANIA BEACH, ATTEST: a Florida municipal corporation ffo BY: G''1 Louise StiLson, CMC Robert Anton CITY CLERK MAYOR-COMMISSIONER BY: v ato CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: BY: Thomas J. sbro,Esquire CITY ATTORNEY -48 - Words sere are deletions, and words underlined are additions. Attachment A AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING BROWARD COUNTY,FLORIDA January DeeemboF4.20078 __ Table of Contents for the Amended Interlocal Agreement ARTICLEI..............................................................................................................................................626 RECITALS ti26 Section 1 626 ARTICLEII............................................................................................................................................727 JOINT MEETINGS 727 Section 2 72-7 ARTICLEIII...........................................................................................................................................727 STUDENT ENROLLMENT AND POPULATION PROJECTIONS 828 Section 3 824 ARTICLEIV...........................................................................................................................................828 COORDINATING AND SHARING OF INFORMATION 828 Section 4 828 ARTICLEV........................................................................................................................................10248 SCHOOL SITE SELECTION,SIGNIFICANT RENOVATIONS, 10240 AND POTENTIAL SCHOOL CLOSURES 10248 Section 5 102M ARTICLEVI.......................................................................................................................................11244 SUPPORTING INFRASTRUCTURE 12242 Section 6 12242 ARTICLEVII.....................................................................................................................................122-1-2 PLAN REVIEW;CONSISTENCY DETERMINATION 12212 ARTICLEVIII....................................................................................................................................152�5 PUBLIC SCHOOL CONCURRENCY 1524-5 Section 8 15246 8.1 Required Elements of Public School Concurrency..................................................... 15245 8.2 Specific Responsibilities..............................................................................................172w 8.3 Adopted School Board District Educational Facilities Plan (DEFP).........................182-18 8.4 Transmittal.................................................................................................................19L249 8.5 Comprehensive Plans -Development, Adoption and Amendment of the Capital Improvements Element............................................................................................... 19249 - 1 - Words stricken are deletions, and words underlined are additions. 8.6 Public School Concurrency Standard.........................................................................202-M 8.7 Commencement...........................................................................................................20249 8.8 Concurrency Service Areas (CSA).............................................................................202W 8.9 Adoption of Concurrency Service Areas.....................................................................21244 8.10 Level of Service Standard (LOS)................................................................................21244 8.11 Exemptions and Vested Development........................................................................22222 8.12 Public School Concurrency Management System......................................................24224 8.13 Review Process............................................................................................................24224 8.14 Proportionate Share Mitigation..................................................................................29229 8.15 Proportionate Share Mitigation Options....................................................................29229 8.16 Formula for the Calculation of Proportionate Share Mitigation Options..................332-M 8.17 Appeal Process............................................................................................................35235 ARTICLEV411 IX...............................................................................................................................36236 COLLOCATION AND SHARED USE 36236 Section 9 36236 ARTICLEIX X....................................................................................................................................37-W RESOLUTION OF DISPUTES 37237 Section 10 372-37 ARTICLEXI.......................................................................................................................................37W OVERSIGHT PROCESS 37W Section 11 372-37 ARTICLEXII.....................................................................................................................................382M SPECIAL PROVISIONS 38238 Section 12 38238 12.1 Land Use Authority....................................................................................................38238 ARTICLE1(I XIII..............................................................................................................................38238 EFFECTIVE DATE AND TERM 382-38 Section 13 38238 ARTICLEX-H XIV..............................................................................................................................39239 AMENDMENT PROCEDURES 39239 Section 14 39239 14.1 Process to Amend the Interlocal Agreement...............................................................39239 ARTICLE9EII XV...............................................................................................................................40240 MISCELLANEOUS 40240 Section4215..................................................................................................................................40240 4415.1 Entire Agreement.......................................................................................................40240 4215.2 Severability................................................................................................................40240 4215.3 Notices........................................................................................................................41241 - 2 - Words stfielien are deletions, and words underlined are additions. 4215.4 Governing Law...........................................................................................................41244 4215.5 Headings.....................................................................................................................41244 4215.6 Counterparts...............................................................................................................41244 4215.7 Supplementary Agreements .......................................................................................41244 4215.8 Authority....................................................................................................................41244 4215.9 Indemnification...........................................................................................................42242 42-15.1ONo Waiver of Sovereign Immunity.................................................................................42242 4215.11 No Third Party Beneficiaries......................................................................................42242 4215.12 Non-Discrimination...................................................................................................42242 4215.13 Records........................................................................................................................4224-2 SIGNATUREPAGES.......................................................................................................................44243 APPENDIX A-DEFINITIONS........................................................................................................80279 APPENDIX B-CALENDAR OF IMPORTANT DATES............................................................86285 APPENDIX C-PUBLIC SCHOOL CONCURRENCY REVIEW PROCESS FLOWCHART87286 APPENDIXD—ACRONYM LIST.................................................................................................88287 - 3 - Words stfieken are deletions, and words underlined are additions. AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING BROWARD COUNTY,FLORIDA This amended agreement (hereinafter referred to as "Amended Agreement') is entered into between The School Board of Broward County, Florida (hereinafter referred to as"School Board"), Broward County, a political subdivision of the State of Florida (hereinafter referred to as "County"); the City Commission or Town Council of the Cities or Towns of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Lauderdale Lakes, Lauderhill, Lazy Lake, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston, West Park and Wilton Manors (hereinafter referred to collectively as"Municipalities"). RECITALS WHEREAS, the School Board, the County and Municipalities recognize their mutual interest for the education,nurture and general well-being of the children within their community;and WHEREAS, the School Board, the County and the Municipalities recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with the approval Hof residential units in land development, (2) greater efficiency for the School Board and local governments by siting schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating as feasible the construction of new and expanded schools with the road and sidewalk construction programs of the local governments and requiring new or redevelopment projects containing residential developments to construct sidewalks linking the development to school(s) located within a reasonable distance from the development, (4) as feasible, locating and designing schools to serve as community focal points, (5) encouraging developers of new or redevelopment projects containing residential units to build pedestrian friendly developments that will link their projects to schools located within a reasonable distance from the development, and (6) to enable greater efficiency and convenience by collocating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities;and -4 - Words stfieken are deletions,and words underlined are additions. WHEREAS the County and Municipalities have jurisdiction for land use and growth management decisions, including the authority to approve or deny comprehensive plan amendments, rezonings, or other development orders that generate students and impact the public school system;and WHEREAS the School Board has the constitutional and statutory responsibility to provide a uniform system of free public schools on a countywide basis; and WHEREAS, Section 1013.33 Florida Statutes, requires that the location of public educational facilities be reviewed for consistency with the comprehensive plan and implementing land development regulations of the appropriate local governing body;and WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Sections 163.31777 and 1013.33 Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, pursuant to Sections 163.31777, 163.3180(13), and 1013.33 Florida Statutes. the School Board. County and Municipalities are required to update their current Public School Interlocal Agreement;and WHEREAS, Section 163.3180(13), Florida Statutes, requires the School Board, County and Municipalities to adopt a public school concurrency program;and WHEREAS, the School Board. County, and Municipalities have further determined that it is necessary and appropriate for the entities to cooperate with each other to coordinate the approval of residential development with the provision of adequate public school facilities in a timely manner and at appropriate locations, to eliminate any identified deficit of permanent student stations, and to provide capacity for projected new growth;and WHEREAS. Section 1013.33, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and land development regulations of the appropriate local governing body;and WHEREAS, Section 163.3180(13)(g), Florida Statutes, requires that prior to establishing a Public School Concurrency program, the School Board, County, and Municipalities adopt an Interlocal Agreement for public school concurrency to satisfy Sections 163.31777 and 163.3180 (13)(gl, Florida Statutes;and - 5 - Words s#ie EPn are deletions, and words underlined are additions. WHEREAS the County and Municipalities also referred to collectively as the "Local Governments," are entering into this Amended Agreement in reliance on the School Board's obligation to prepare adolt and implement a financials feasible capital facilities program that will result in 12ublic schools operating at the adopted level of service standard consistent with the timing specified in the School Board's Adopted Five-Year District Educational Facilities Plan (hereinafter referred to as the "District's Five Year Plan");and WHEREAS the School Board has further committed to update and adopt the District's Five Year Plan years to add enough capacity in the new fifth year to address projected growth and to adjust the District's Five Year Plan in order to maintain the adopted level of service standard and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible pursuant to Sections 163.3180(13)(d)2 and 1013.35, Florida Statutes; and WHEREAS the School Board County, and Municipalities have mutually agreed that coordination of school facility planning and comprehensive land use planning is in the best interests of the citizens and students of Broward County. Florida;and WHEREAS, the Broward County Charter grants county-wide authority regarding land use plan amendments, plats and certain growth management issues to the Broward County Commission and the Commission has authority over other growth management issues in the unincorporated areas of the county;and WHEREAS, the Municipalities have certain authority regarding local land use plan amendments, rezoning and other growth management issues within their jurisdictional boundaries; and WHEREAS, the School Board has the responsibility to provide school facilities to insure a free and adequate public education to the residents of Broward County;and WHEREAS, the School Board, the County, and the Municipalities enter into this Amended Agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency is hereby acknowledged, the parties mutually agree that the following procedures will be followed in coordinating land use and public school facilities planning: ARTICLE I RECITALS Section 1 1.1 The above recitals are true and correct and are hereby incorporated as a part of this Amended Agreement. 6 - Words sttiekea are deletions, and words underlined are additions. ARTICLE II JOINT MEETINGS Section 2 2.1 A staff working group comprised of staff representatives from the School Board, the County and the Municipalities (hereinafter referred to as "Staff Working Group') will at least annually meet to discuss issues and formulate recommendations regarding coordination of land use and school facilities planning and to comply with public school concurrency requirements including such issues as population and student projections, development trends, school needs, co-location and joint use opportunities, ancillary infrastructure improvements needed to support the schools and safe student access. The Coun1y and Municipalities will each appoint one representative and an alternate to the Staff Working Group. The School Board of Broward County Superintendent of Schools, or his designee (hereinafter referred to as "Superintendent') will appoint appropriate staff and an alternate to attend and participate in the Staff Working Group meetings. The School Board. County and Municipalities will each have one vote on the Staff Working Group. The School Board staff shall coordinate and be responsible for scheduling such meeting(s), taking and maintaining the meeting minutes and providing notification with at least 30 days advance written notice to the appropriate members. The County and Municipalities will assist the School Board as needed in addressing the needs and carryin out the functions of the Staff Working Group Representative(s) from the Broward County Planning Council. the South Florida Regional Planning Council, and other applicable a eg ncies will also be notified and invited to attend and participate in the Staff Working Group meetings and functions, but shall not be considered members of the Group and as such, shall have no vote. The joint workshop sessions will also be opportunities for the County, the Municipalities and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding school facilities planning, and off site improvements and public school concurrency issues. A written say report regarding implementation of the Amended Agreement will be prepared issued by the Staff`Working Group and provided to the Oversight Committee referenced in Article XI of this Amended Agreement. Such report shall be the basis for the annual report issued by the Oversight Committee as required by Article XI of this Amended Agreement. The initial Fneefing of the Staff WeAdng Group shall be Md with 69 days ff-em the Pffeegve d--ate A-f this Agfeefnent� upen at least 30 days written advanee netiee 2.2 Monitoring and evaluation of the school concurrence process is required pursuant to Section 163.3180(13)(g)(6)(c). Florida Statutes. The Staff Working Group shall by December 31n of each year, be responsible for preparing the annual assessment report on the effectiveness of School Concur ency The report shall be a part of the report cited in Subsection 2.1 above, and will be presented to the Oversight Committee ARTICLE III - 7 - Words s4r-ieken are deletions, and words underlined are additions. STUDENT ENROLLMENT AND POPULATION PROJECTIONS Section 3 A calendar of important dates regarding the provisions of student enrollment emulation projections and other necessaxy shared information is depicted in Aovendix "B",attached hereto and made a part hereof. 3.1 In fulfillment of their respective planning duties, the School Board, the County and the Municipalities agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five-year population and student enrollment projections shall be revised annually and provided in the subsequent calendar year at the sStaff wWorking gGroup meeting described in Subsection 2.1. 3.2 The Superintendent shall utilize student population projections based on information produced by the demographic,revenue, and education estimating conferences pursuant to Section 216.136 Florida Statutes,where available, as modified by the Superintendent based on development data coordinated with the local governments. The Superintendent may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request the Superintendent will coordinate with the County and Municipalities regarding development trends and future population projections. 3.3 The County will continue to provide population projections that will be utilized to verify the geographic distribution of School Board student projections countywide. ARTICLE IV COORDINATING AND SHARING OF INFORMATION Section 4 4.1 Tentative District Educational Facilities Plan: Commencing no later than Tune 30 20073 and annually thereafter, the Superintendent shall submit to the County and to each Municipality the tentative District Educational Facilities Plan (hereinafter referred to as the "Tentative Plan") ne later- than 14 days prior to the n flei ted h date by the Seheel-Beard•. Upon providing the Tentative Plan to local governments and giving proper notice to the public and opportunity for public comment, the School Board may amend the Tentative Plan to revise the priority of projects, to add, or delete projects, to reflect the impact of change orders, or to reflect the approval of new revenue sources which may become available. The Tentative Plan will be consistent with the requirements of Section 1013.35 Florida Statutes, and include, an inventory of existing school facilities, projected five-year student enrollment projections apportioned by school and geographic area, - g - Words stfieken are deletions, and words underlined are additions. Florida Inventory of School Housing for each school as approved by the Department of Education, the number of portables in use at each school, the number of portables projected to be in use at each school, five-year capital improvements for pertinent schools, planned new schools, general locations of new schools for the five, ten, and twenty-year time periods, the School District unmet needs and options to reduce the need for additional permanent student stations. The Tentative Plan will also include a financially feasible district facilities work program for a five year period. The County and Municipalities shall review the Tentative Plan and send written comments to the Superintendent wiflAn 30 days ffem no later than lulu 31, after receipt of the draft Tentative Plan, on the consistency of the Tentative Plan with the local comprehensive plan, and whether a comprehensive plan amendment will be necessary for any proposed educational facility for consideration prior to the final adoption hearing. 4.2 Information regarding schools scheduled for renovations shall be provided in the tTentative District Educational Facilities Plan. 4.3 Educational Plant Survey: At least one year prior to preparation of the Educational Plant Survey which is updated every five(5)years, the Staff Working Group established in Subsection 2.1 will assist the Superintendent in preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the applicable land use plan. 4.4 Growth and Development Trends: Commencing _tember, ^^^QAugust 31, 2007 and annually thereafter, the County in conjunction with the Municipalities will use the•;i —eetiye best effeAs to shall provide the Superintendent with a report on growth and development trends within their jurisdiction. This report may be in tabular and/or graphic, and textual formats and include, but not be limited to the following information, if available: (a) The total number of ongoing and remaining residential development units, plat name and number, subdivision name, type, and number and mix of bedrooms, expiration date of the development order, section township and range and survey or location map (b) The total number of certificate of occupancy(CO's)issued to date for each ongoing or remaining residential development units by plat name and number, subdivision name, type, and number and mix of bedrooms, section, township and range, and survey or location map; (c) The projected phasing of the CO's issued for each ongoing or remaining residential development units for the remaining portion of the year, and by year for the next five years by plat name and number, subdivision name, type,and number and mix of bedrooms section township and range and survey or location map 9- Words AFidEen are deletions, and words underlined are additions. (d) The projected development or potential redevelopment of vacant or other developed land; (e) Residential properties undergoing plat review by plat name and number; (f) Information regarding the conversion or redevelopment of housing or other structures into residential units likely to generate new students;and (g) The identification of any development order(s) issued which contain a requirement for the provision of a school site as a condition of development approval. 4.5 No later than the 151h of each month, the County will provide by correspondence to the Superintendent, the list of all residential plat(s) granted approval by the Broward County Commission during that preceding month. At a minimum, the information shall contain the plat name, plat number,residential type,arad number of units and date of approval. If no plat was approved during the month, the County will send correspondence indicating SO. 4.6 No later than the 15th days of each month, after the approval of any land use plan amendment(s), the County will provide by correspondence to the Superintendent, the list of land use plan amendment(s) adopted or denied by the Broward County Commission. At a minimum, the information shall contain the amendment number, residential type, and number of residential units if applicable, date adopted, and the effective date of the new land use designation. If no land use plan amendment was adepted during t1we ARTICLE V SCHOOL SITE SELECTION,SIGNIFICANT RENOVATIONS, AND POTENTIAL SCHOOL CLOSURES Section 5 5.1 School Board staff will review potential sites for new schools and proposals for potential closure of existing schools and significant renovations consistent with School Board Policy 5000, to be amended consistent with this Amended Agreement and as may be amended from time to time. The recommendations will be included in the District Educational Facilities Plan. 5.2 When the need for a new school is identified in the District Educational Facilities Plan, the Superintendents Site Review Committee (hereinafter referred to as the "Site Review Committee") will consider a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the District Educational Facilities Plan for significant renovation and potential closure will be submitted to the local government with jurisdiction for an informal assessment regarding consistency with the local government comprehensive plan, including, as applicable:environmental suitability, - 10 - Words sty are deletions, and words underlined are additions. transportation and pedestrian access, availability of infrastructure and services, safety concerns, land use compatibility and other relevant issues. Based on the information gathered during this review for new schools the Site Review Committee will make a recommendation to the Superintendent of one or more sites in order of preference. For those purposes specified in this Article V, the School Board shall-amended School Board Policy 7000 entitled New School Site Selection,to provide for the membership of the Site Review Committee referenced therein, as may be amended from time to time. It shall identify the members and how they shall be appointed. In addition to the current representatives from the South Florida Regional Planning Council and Broward County, the Site Review Committee shall include at least one (1) member who shall be appointed by the Municipalities (additional members may be appointed at the Superintendent's discretion) and at least one (1) "floating member' designated by the city manager or administrator of the affected local governments in which the new school facility may be located. For the purposes of this subsection, a floating member from the affected local governments shall be defined as the local government jurisdiction in which the proposed school facility will be located,or significant renovations or school closures may occur. 5.3 In addition to existing criteria utilized by the Site Review Committee and in conformance to pertinent School Board Policy (as may be amended from time to time) regarding the selection of new school sites and school closures, the Superintendent will coordinate information regarding site plans for proposed new schools with the affected local governments in accordance with Sections 1013.33, 1013.36 and other applicable portions of Chapter SeeEien 1013,Florida Statutes. 5.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the Superintendent shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the Superintendent within 45 days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to Section 1013.33(12), Florida Statutes. 5_5 If a local government determines that a proposed school site is consistent with the comprehensive plan pursuant to this Agreement, or at any other time when such a determination is made, the School Board shall follow the procedures contained in Section 1013.33(12), Florida Statutes, as may be amended. If a local government's determination that the proposed school site is inconsistent with the comprehensive plan. the School Board may request a plan amendment consistent with the local government's plan amendment procedures and requirements. ARTICLE VI - 11 - Words stFieken are deletions, and words underlined are additions. SUPPORTING INFRASTRUCTURE Section 6 6.1 In conjunction with the preliminary consistency determination described a4 in Subsection 5.4 of this Amended Agreement, the School Board and affected local governments will jointly determine the need for and timing of on-site and off-site improvements to public facilities necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement, or amend a current agreement, if applicable, to be consistent with this Amended Agreement as to the timing, location, and the party or parties responsible for funding, constructing, operating and maintaining the required improvements. ARTICLE VII PLAN REVIEW,CONSISTENCY DETERMINATION r OC A r nr A nrr.rrNG A r-cnrry COMPRE14949nrc nr 4 N n x,rcr.rnn,r�rr-rc REZ01 INGS Arm DEATET n-M.4-E T APPROVALS A r S Section 7 7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the School Board shall appoint a School District staff member(s) to be its representative on the County and each respective Municipality's local planning agency. Notification of the staff member's name, title and address shall be submitted in a timely manner to the applicable local planning agency. 7.2 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the County, or Municipalities will include the representative appointed by the School Board to serve on its local planning agency, or equivalent agency and the representative will have the opportunity to attend those meetings at which the agency considers comprehensive plan amendments and rezonings (including the allocation of flexibility/reserve units) that would, if approved, increase residential density for the property that is the subject of the application. When available, the School Board representative shall attend and participate in local planning agency meetings at which residential density could increase. The County or Municipality ies may at its discretion grant voting status to the School Board representative. 7.3 As a part of its development review process, the County and Municipalities agree to provide a copy of comprehensive plan amendment and rezoning applications includin the allocation of flexibility/reserve units) that could increase residential density to the Superintendent. At a minimum, the information provided shall include the name of the applicant, appication/project number, project name, current and proposed use, exis�tine - 12 - Words s4rielcen are deletions, and words underlined are additions. and proposed land use or zoning designation, existing permitted and proposed and type of units, acreage,general survey or location map and section,township and range and the anticipated date the local planning agency may consider this item if such date is determined at the time the information is provided. The County or Municipalities shall provide the deadline for receiving comments from the Superintendent; however, the time provided to the Superintendent for submitting such comments shall be no less than tiventy one (21) days and no greater-than OdAy (30) forty-five (45) days from the date the information is provided to the Superintendent. If no deadline is provided together with the information, then the Superintendent shall provide comments no later than they (30) forty-five (45) days after receipt of the information. Further, the County or Municipalities will notify in writing to the Superintendent when the application receives final approval from the governing body. 7.4 The School Board shall continue to participate in the Broward County land use plan amendment review process through its Broward County Planning Council appointed member. 7.5 The School Board shall continue to review non-residential development applications and other pertinent development applications review preeess that may affect school properties and participate as necessary on other growth management issues. 7.6 The County and the Municipalities agree to notify the Superintendent of proposed land use applications, amendments to the comprehensive plan future land use map,rezonings (including the allocation of flexibility/reserve units), developments of regional impacted pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice shall be provided to the Superintendent at the same time as notice is provided to the public for the applications under the provisions of the County Fede-or City Code of Ordinances. 7.7 The review by the Superintendent or designee regarding land use/comprehensive plan amendments and rezoning (including the allocation of flexibility/reserve units) a1212lications containing residential units shall be classified as "Public Schools Consistency Review (Schools Consistency Review)". The Schools Consistency Review does not constitute public school concurrency review. An applicant for land use/comprehensive plan amendment, and/or rezoning applications (including the allocation of flexibility/reserve units) may delineate the residential type, units and bedroom mix of the proiect, if known. If the residential type and bedroom mix is not known, the school consistency review shall be based upon the maximum student generation rates for that residential type. 7.8 The written comments provided by the Superintendent to the County and Municipalities regarding such applications eernpenen will at a minimum: - 13 - Words s4ieketa are deletions, and words underlined are additions. Lfy the student impacts anticipated to result from the development proposal; ii �'-^ '^-•^' �` ��--•��� �`Depict the permanent capacity of the impacted schools) using capacity formulas as defined by the Department of Education thenacted- sehael(s); (iii)Depict ten year student enrollment projections by planning areas;(iii) iv Depict the planned capacity improvement(s);(-iv) (v) Identify alternatives available, and--(c4 vi) Contain a statement that the application will be subject to public school concurrency review at the time of plat or site plan (or functional equivalent) review. School capacity will be reported consistent with Department of Education, Florida Inventory of School Houses. 7.99 If the Schools Consistency Review identifies that sufficient capacity is not available at the impacted school(s) or anticipated in the District Educational Facilities Plan to serve the development, the Scheel Bear& leeal govemmenk and develeper- may use their- best the applicant may choose to offer and the School Board may consider voluntary mitigation to address the anticipated student impact. Such voluntary mitigation shall be limited primarily to (i) the dedication of needed school site(s)• (ii) the payment of monies to construct and/or the construction of the needed school(s). or (iii) other potential mitigation option(s) consistent with adopted School Board policy and if accepted by the School Board shall be memorialized in a legally binding agreement. 7.109 In reviewing and approving comprehensive plan amendments and rezonings includin the allocation of flexibility/reserve units). the County and Municipalities may consider the following issues consistent with applicable governmental codes and comprehensive plans in addition to such other criteria as may be applicable or appropriate: (a) School Board comments provided pursuant to Chapters 163 and 1013, Florida Statutes which may include,but not be limited to: (ijl_Available permanent school capacity or planned improvements to increase school capacity; (4)2. The provision of school sites and facilities within planned neighborhoods; ("3. Compatibility of land uses adjacent to existing schools and reserved school sites; Ovo. The collocation of parks, recreation and neighborhood facilities with school sites; fv4L The linkage of schools, parks, libraries and other public facilities with bikeways,trails, and sidewalks for safe access; - 14 - Words$tfiekea are deletions, and words underlined are additions. fvi)6. Traffic circulation plans which serve schools and the surrounding neighborhood; The provision of off-site signalization, signage, access improvements, and sidewalks to serve schools; kviij8. The inclusion of school bus stops and turnarounds;and 4x49. The installation of appropriate buffers such as, but not limited to, a solid fence or concrete wall, solid hedges or increased setbacks that will ensure compatibility with the adjacent school for any new development that will be located adjacent to an existing school or an identified future school. 7.1140 In formulating community development plans and programs that may affect public school facilities, the County and Municipalities will provide notice to the Superintendent concerning any workshop or regular meetings which relate to such community development plans and programs and will invite the Superintendent's submission of comments and participation at such meetings. ARTICLE VIII PUBLIC SCHOOL CONCURRENCY Section 8 8_1 Required Elements of Public School Concurrence u Initial Comprehensive Plan Amendments Related to the Public School Facilities Element (PSFE) to Satisfy Sections 163.3177 and 163.3180 Florida Statute Requirements: The amendments to the PSFE and related amendments to the Capital Improvements Element (CIE) and the Intergovernmental Coordination Element (ICE)in the County's and Municipalities comprehensive plans ("school-related element amendments" or school-related element provisions") required to satisfy Sections 163.3177 and 163.3180 Florida Statutes are being adopted into the comprehensive plans of the County and Municipalities concurrently with the execution of this Amended Interlocal Aereement by the County and Municipalities. Some provisions relevant to public schools may remain in the Future Land Use Element or other elements as may be appropriate. u Subsequent School-Related Element Amendments: Thereafter, the experience under the revised comprehensive plans and the School Board of Broward County's adopted Five-Year "District Educational Facilities Plan" (DEFP) shall be reviewed by the County and Municipalities each year, at the Staff Working Group (SWG) meeting to be held no later than March 31, to - 15 - Words str-ieken are deletions,and words underlined are additions. determine whether updates to the comprehensive plans are required. At the minimum, the School Board's adopted Five-Year DEFP shall be updated annually by the addition of a new fifth year. Any other amendments to the comprehensive plans shall be transmitted in time to allow their adoption concurrently with the update to the School Board's adopted Five-Year DEFP, where feasible. J O School Board Review of School —Related Element Amendments: Unless proposed by the School Board, all school-related element amendments shall be provided to the School Board at least sixty (60) days prior to transmittal (or adoption if no transmittal is required). The School Board shall review the school-related element amendments and provide comments, if any, to the relevant local government either (i) in writing at least one (1) week prior to the local planning agency (LPA) meeting on the school-related element amendment, or ii by attending and provides comments at the LPA meeting. u Countywide Consistency of School-Related Element Amendments: The County and Municipalities school-related element provisions must be consistent with each other and with the School Board's facilities plan and policies. Each Municipality may choose to adopt all or a portion of the County's school-related element provisions into its comprehensive plan by reference, or it may adopt its own school-related element provisions. If a Municipality adopts its own school-related element provisions, any goal, objective, policy or other provision relevant to the establishment and maintenance of a uniform district-wide school concurrencyvstem shall be substantially the same as its counter part in the County and Municipalities comprehensive plans. If any school-related element amendment is proposed that affects the uniform district-wide school concurrenty_system, it shall not become effective in accordance with Section 14.1 (f) of this Amended Agreement. Once these amendments become effective, then the new requirement shall apply countywide Each Municipality and the County may adopt the School Board's adopted Five-Year DEEP into its comprehensive plan either by reference or by restatement of the relevant portions of that adopted Five-Year DEFP, but in no event shall a Municipality or the County attempt to modify that adopted Five-Year DEFP The County and Municipalities agree to coordinate the timing of approval of school-related element amendments, to the extent that it is feasible to do so. fee Evaluation and Appraisal Report: In addition to the other coordination procedures provided for in this Amended Interlocal Agreement, at the time of the Evaluation and Appraisal Report (EAR), the County and Municipalities shall schedule at least one (1) SWG meeting with the School Board to address needed updates to the school-related plan provisions. - 16 - Words s#ielEen are deletions, and words underlined are additions. 8.2 Sgecific Responsibilities u Broward County and the Municipalities, within 90 days of the comprehensive plan amendments in accordance with this Amended Agreement becoming effective shall amend their respective Land Development Codes (LDC) and adopt the required public school concurrency provisions, consistent with the requirements of this Amended Agreement. Such amendment shall include the public school concurrency management system outlining the development review process for proposed residential developments. u Broward County and the Municipalities, in accordance with this Amended Agreement shall: 1. Not approve or issue any residential plat or site plan (or functional equivalent) that is not exempted or vested pursuant to Subsection 8.11 of this Amended Agreement until the School District has reported that the school concurrence requirement has been satisfied. 2. Maintain data for approved residential development that was the subject of public school concurrency review. The data shall be provided to the School District no later than 15 days after final approval of the application by the governing body. At the minimum, the data provided shall include the following: A. Development name and project number; b. Survey or location map; c. Number of dwelling units by residential type unit(s) and bedroom mix; d. Section. Township and Range, and: e. Final adoption and expiration date. 3. Transmit residential plats and site plans (or their functional equivalents) and proposed amendments to such plats or site plans to the School District for review and comment, consistent with Subsection 8.13 of this Amended Agreement. 4. Commencing August 31, 2007, and annually thereafter as a part of the growth and development trend as required by Subsection 4.4, provide the total number of the above dwelling units issued certificates of occupancy to the School Board. U The School Board shall do the following: - 17 - Words sifickpm are deletions, and words underlined are additions. 1. Annually prepare and update its adopted Five-Year DEFP, which for the purposes of public school concurrency shall be considered the financially feasible Five-Year Capital Facilities Plan. The Five-Year Capital Facilities Plan shall reflect the capacity needed to meet the adopted level of service standard for each District elementary, middle and high school, during the five year period, but no later than the fifth year of the Five-Year Capital Facilities Plan. 2. Establish a process to ensure the maximum utilization of 1ermanent capacity at each District elementary, middle and high school and to ensure that the schools are operating at or below the adopted level of service standard(LOS). 3. Commencing October 1, 2007, and annuals thereafter by October 1, provide the County and Municipalities with the required School District data related to public school concurrency, and related analysis needed to amend or annually update their comprehensive plans. 4. Review proposed plat and site plan (or functional equivalent)aapplications for compliance with public school concurrency requirements. 5. As a component of the Districts public school concurrency management system, maintain data regarding available capacity at each elementary, middle and high school after factoring the student impact anticipated from the proposed residential development into the database. 6. Review proposed proportionate share mitigation options for new residential development, and determine acceptability of such proportionate share mitigation options. 7. Prior to the effective date of public school concurrency. amend School Board Policy 1161 entitled Growth Management, to incorporate public school concurrency provisions and delineate the District's public school concurrency management system. 8. As necessary, amend the District Educational Facilities Plan to incorporate funds accepted as proportionate share mitigation. 8_3 Adopted School Board District Educational Facilities Plan (DEFP) (a) On or before September 30s'of each year, the School Board shall update and adopt its Five-Year DEFP for Broward County Public Schools The adopted DEFP shall - 18 - Words sty are deletions, and words underlined are additions. be considered the financially feasible Plan regarding the implementation of Public school concurrence. (b� At the minimum, the adopted Five-Year DEFP and each annual update shall specify all new construction, expansion and remodeling, which will add permanent capacity to elementary, middle and high schools, and also include information specified in Subsection 4.1 of this Amended Agreement. (c) The adopted Five-Year DEFP and each annual update shall include a description of each school project, a listing of funds to be spent in each fiscal year for the planning preparation, land acquisition, and the actual construction and remodeling of each Pertinent school Project which adds capacity or modernizes existing facilities; the amount of capacity added, if any; and a generalized location map for planned new schools. Such location maps shall be considered as data and analysis in support of the PSFE of the County's and Municipalities Comprehensive Plans. (d) The adopted Five-Year DEFP and each annual update shall identify the five-year Projected student enrollment, permanent capacity and utilization percentage of all elementary,middle and high schools. (e) The adopted school boundaries for each elementary, middle and high school, as annually conducted by the School Board shall also become the adopted concurrency service area (as referenced in Section 8.8), and shall be consistent with permanent capacity additions reflected in the adopted Five-Year DEFP. The school boundaries maps shall be considered as data and analysis in support of the PSFE of the CounVs and Municipalities' Comprehensive Plans. 8.4 Transmittal (a) In addition to the provisions pertaining to the Tentative District Educational Facilities Plan as delineated in Article IV of this Amended Agreement, the School Board, upon completion and adoption of the Five-Year DEFP, shall make the District Educational Facilities Plan available to the Local Governments no later than thirty(30) days after adoption of the District Educational Facilities Plan. 8_5 Comprehensive Plans-Development Adoption and Amendment of the Capital Improvements Element (a) Upon adoption of the Five-Year DEFP and transmittal to Local Governments. the County and Municipalities shall adopt the School Board's Five-Year "Adopted District Educational Facilities Plan" or applicable sections of the Adopted DEFP as a part of the Capital Improvements Element(CIE)of their Comprehensive Plans. - 19- Words strieken are deletions, and words underlined are additions. (b) Any amendment, correction or modification to the adopted Five-Year DER concerning costs, revenue sources, or acceptance of facilities pursuant to dedications or proportionate share mitigation, once adopted by the School Board, shall be transmitted by the School District to the County and Municipalities within for , -five (45) days after the adoption. Within one hundred eighty(180) days. the County and Municipalities shall amend their CIE to reflect the changes. Such amendments may be accomplished by ordinance, and shall not be considered amendments to the comprehensive plan, pursuant to Section 163.3177 (6)(b)(1), Florida Statutes. u By adopting the Five Year DEFP into their CIE, the County and Municipalities, shall have neither the obligation nor the responsibility for funding the DEFP. 8.6 Public School Concurrency Standard (a) The public school concurrency standard requires Broward County, the Municipalities and the School Board to maintain the adopted Level of Service (LOS) for Broward County Public Schools. The public school concurrency standard requires that all proposed plat and site plan (or functional equivalent) applications containing residential units shall be reviewed to ensure that adequate school capacity will exist prior to or concurrent with the impact of the proposed residential development to accommodate the additional student growth at the adopted LOS. 8_7 Commencement (a) Public school concurrency described in this Amended Agreement shall commence upon the Comprehensive Plan Amendments related to the public school Facilities Element by the County and Municipalities becoming effective, and the execution of this Amended Agreement by the parties identified herein. However, public school concurrency shall commence no earlier than February 1,2008. 8_8 Concurrency Service Areas(CSA) u The School Board County and Municipalities hereby agree that the CSAs for the implementation of public school concurrency in Broward County shall be measured and applied on a less than district-wide basis. (b) The CSA for the implementation of public school concurrency in Broward County shall be the approved school boundaries for elementary, middle and high schools as annually adopted by the School Board. Use of this method will create a separate - 20 - Words stetz are deletions, and words underlined are additions. school concurrency service area boundary map for each elementary, middle and high school, and each such school attendance boundary will become its own CSA. For the purposes of public school concurrency, such CSA shall be effective on the first day of the school year, and end on the last day before the beginning of the next school year. 8.9 Adoption of Concurency Service Areas fa) Adoption of the CSAs shall be as delineated in School Board Policy 5000, entitled Adequate Educational Facilities, Designation of Schools and Attendance Areas. Elimination and Consolidation of Schools to be amended consistent with the Amended Agreement,and as may be amended from time to time. No later than forty-five (45) days after adoption of the CSAs, the School District shall transmit the new CSAs to the County and Municipalities. The County and Municipalities shall incorporate the adopted "Annual School Attendance Areas/Boundaries and School Usage Report" and the School Board's process for modification of the CSAs contained in the "Annual School Attendance AreasBoundaries and School Usage Report" as data and analysis in support of the PSFE of their Comprehensive Plans. 8.10 Level of Service Standard(LOS) u In order to ensure that the capacity of schools is sufficient to support student growth, the School Board, County and Municipalities hereby declare and establish the LOS as 110%of the permanent FISH capacity for each concurrency service area. The LOS shall be achieved and maintained within the period covered by the five- year schedule of capital improvements. To maintain the adopted LOS, the School Board may if necessary, utilize relocatable classrooms (portables) on a temporary basis as an operational solution during the replacement or expansion of District school facilities, or at Exceptional Student Education cluster sites,or in the case of a disaster or emergency. (b) The LOS shall be adopted and incorporated into the PSFE of Broward County and the Municipalities' Comprehensive Plans. u In the review of proposed development applications containing residential units, the LOS for schools containing magnet programs shall be considered the same as stated for each pertinent school level(elementary,middle and high). u Students attending or anticipated to attend designated stand-alone magnet schools are factored into the five-year student enrollment projections for District schools. Enrollment projections multiply the residing number of students within a - 21 - Words stfieken are deletions, and words underlined are additions. concurrency service area by the attending student population rate within a concurrency service area. The attending rate is the number of students found to be attending their assigned school divided by the number of students residing in the area. This is calculated for every area and for all grade levels. This formula accounts for students attending other schools such as charters, magnets, and no bounded magnet schools. (ee) Students returning, attending or anticipated to attend charter schools are factored into the five-year student enrollment projections for District schools. Based upon Where students reside and the location of each charter school, an "AREA OF INFLUENCE" is created using a geoerauhical radius. The area of influence is comprised of circle radii measured in miles and determined by such factors as the type and size of the subject school(s). A charter school is located at the center of the radius and captures the percentage of students attending the charter school within each radius. Enrollment projections are adjusted for all elementary, middle and high schools impacted by a charter school until the charter school reaches full enrollment status. If a charter school facility closes, the five-year enrollment projections are adusted to reflect students going back to their assigned elementary, middle or high school within the appropriate radius. 8.11 Exemptions and Vested Development 11 The following residential plats and site plans (or functional equivalent) shall be exempt from the requirements of public school concurrence: 1. All residential plats and site plans (or functional equivalent) which generates less than one student in the relevant CSA. Such development shall be subject to the payment of school impact fees. 2. Any amendment to or replat of a residential plat or amendment to a residential site plan (or functional equivalent) which generates less than one additional student. Such development shall be subject to the12ayment of school impact fees. 3. Any age restricted community with no permanent residents under the age of eighteen (18) Exemption for an aged restricted community shall only be available subject to a recorded Restrictive Covenant limiting the age of all permanent residents to eighteen(18)years and older. 4. As may otherwise be exempted by Florida Statutes. -22 - Words ATirken are deletions, and words underlined are additions. (b) The following residential Plats and site Plans (or functional equivalent) shall be vested from the requirements of Public school concurrence 1. Any residential Plat or site Plan (or functional equivalent) located within a Previously approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following: U.) The mitigation to address the impact of the new students anticipated from the development has been accepted by the School Board consistent with School Board Policy 1161, entitled Growth Management, to be amended consistent with this Amended Agreement and as may be amended from time to time, and: fi. A Declaration of Restrictive Covenant has been properly executed and recorded by the Developer or the development is located within a boundary area that is subject to an executed and recorded triparty agreement consistent with School Board Policy 1161, to be amended consistent with this Amended Agreement and as may be amended from time to time. 2. Any residential site plan (or functional equivalent) that has received final approval, which has not expired prior to the effective date of Public school concurrence. 3. Any residential site Plan (or functional equivalent) which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the Proposed site Plan (or functional equivalent). In the transmittal of such residential site Plan (or functional equivalent) to the School District. the County or Municipality shall state in the transmittal or provide written information indicating that the units in the application are vested. The County will provide the necessary information to the School Board and Municipalities to identify the vested Plats and further specifics to be contained in the adopted land development regulations. Is) To be exempt or vested from the requirements of public school concurrency, an owner seeking such a determination shall be required to submit an application to the to the Local Government which shall include written evidence sufficient to verify that the subject development meets the exemptions stated herein, and as such, is exempt from the requirements of public school concurrences - 23 - Words r4ielEea are deletions, and words underlined are additions. 8.12 Public School Concurrency Management System u Within 90 days after the public school concurrency plan amendments become effective Broward County and each Municipality shall adopt public school concurrencyprovisions into its Land Development Regulations (LDR) consistent with the requirements of this Amended Agreement. ub The County and Municipalities shall amend their LDRs to adopt public school concurrencyprovisions which provideRrocedures for the review of plats and site plans(or functional equivalent). 1. Any Municipality may choose to adopt the Count yes public school concurrence regulations in lieu of its own and agrees to be bound by the terms and provisions therein until it adopts its own school concurrence ordinance. 2. At any time a Municipality may out of the County/s implementing ordinance through implementation of its own school concurrence ordinance. (c) Prior to the effective date of public school concurrence, the School Board shall amend its School Board Policies to include public school concurrency provisions consistent with the requirements of this Amended Agreement. 8.13 Review Process u Broward County, the Municipalities and the School Board shall ensure that the LOS established for each school type and CSA is maintained. No residential plat or site plan (or functional equivalent) application or amendments thereto shall be approved by the County or Municipalities unless the residential development is exempt or vested from the requirements specified in Subsection 8.11 of this Amended Agreement or until a School Capacity Availability Determination Letter (SCAD) has been issued by the School District indicating that adequate capacity is available This shall not limit the authority of a Local Government to denya development permit or its functional equivalent pursuant to its home rule or governmental regulatory powers for reasons other than school capacity. (b] Any applicant submitting a plat or site plan (or functional equivalent) application with a residential component that is not exempt or vested under Subsection 8.11 of this Amended Agreement is subject to public school concurrency and shall be required to submit a Public School Impact Application (PSIA) to the Local Government for review by y the School District including the following: - 24 - Words steiekeR are deletions,and words underlined are additions. 1. The name survey or location ma of the development; — Y p p 2. As applicable, the existing land use or zoning designation including existing Permitted units and type; 3. The number and type of Proposed dwelling units and if applicable the bedroom mix (if the type and bedroom mix is not delineated in the application,it shall be reviewed based on the maximum student generation rate for that residential type); 4. The section, township and rang 5. Age restrictions for occupancy, if any. and; 6. Any documentation supporting a request for exemltion under Subsection 8.11 of this Amended Agreement. (c] The Local Government shall ensure the applications for residential plat or site plans (or their functional equivalent) are complete and transmit them to the School District for review. Upon determination that the application is complete the Local Government shall transmit the PSIA to the School District for review. This process does not preclude the Local Government from requiring that the applicant submit the PSIA directly to the School District for review. u The School District will review the properly submitted and completed PSIA and verify whether or not sufficient capacity is available at the impacted CSA to accommodate students anticipated from the proposed development The process for review of the application shall be as follows: 1. The School District shall review, on a first come, first serve basis the completed PSIA. The SCAD Letter shall be sent to the applicant and the affected Local Government no later than forty-five (45) days after receipt of the PSIA. 2. Notification shall be provided to the applicant and affected Local Government if the application is incomplete 3. As authorized by School Board Policy 1161 the School District will charge a non-refundable application fee payable to the School Board to reimburse the cost to review residential plats and site plans (or functional equivalent) and matters related to public school concurrency. Payment shall be required prior to the commencement of review. - 25 - Words strieken are deletions, and words underlined are additions. u Student Generation Rates Calculation 1. The determination of students anticipated from a proposed PSIA shall be based on the utilization of the effective, adopted and pertinent student generation rates contained within the Broward County Land Development Code (BCLDC) Update of the student generation rates shall be conducted at least once every three (3) years by the School Board in coordination with the County and Municipalities. of Utilization Determination 1. It shall be the responsibility of the School District to maintain the CSA boundaries and related data. 2. The School District shall determine the impact of a proposed development to assigned school(s)by performing the following procedures: fi.) Deduct the Twentieth Day Enrollment numbers from the school's permanent FISH capacity. The Twentieth Day count is effective on the twentieth day of the school year until the nineteenth day of the next school year. ii. Add or deduct capacity from capital projects over the next three years as reflected in the Adopted DEFP, which may include capacity from a new school in an approved boundary that will become effective in the next school year. iii. Deduct the number of students from development approved per Subsections 811(b and d 8.13(g) of this Amended Agreement and anticipated to be built within the next three years. iv. Deduct the number of students generated from the proposed rn olect. 3. If it is determined that there is no permanent capacity at the assigned school(s) as determined by the procedure described in Subsection 8.13(f)2 above because the projected growth from a residential development causes the adopted LOS to be exceeded in the subject CSA. the School District may, if practical utilize ertinent options delineated in School Board Policy 5000 to be amended consistent with this Amended Agreement and as may be amended from time to time to ensure maximum utilization at the CSA. Otherwise all of the CSAs immediately_ adjacent to the primary impacted CSA will be examined for available capacity before a determination letter is issued indicating that the development has satisfied public school concurrence. - 26 - Words stfieken are deletions, and words underlined are additions. 4. If necessary, the School District will reassign previously allocated adjacent capacity to achieve maximum utilization except where such reassignment: u Creates additional transportation cost impacts due to natural or physical barriers:or Results in a violation of federal, State or School Board Policy A flowchart providing an example of the public school concurrencyprocess is depicted in Appendix"C", attached hereto and made mart hereof. Issuance and Term of Public School Concurrence 1. If the School District reviews a development project application and determines that sufficient permanent caj2acijy is available at the adopted LOS to accommodate students anticipated from the development the School District shall issue a SCAD Letter indicating that adequate school facilities exist to accommodate the student impact. 2. After issuance of the SCAD Letter, the District shall add the reserved seats for the number of students anticipated to its database. 3. County plat approval or local government site plan approval or amendment thereto, which are subject to public school concurrency shall not be approved until the SCAD Letter has been received from the School District confirmin that capacity is available in the CSA, or if caj2acijy is not available that proportionate share mitigation has been accepted by the School Board regarding the proposed development If a plat and site plan (or functional equivalent) are both required for a development school concurrency shall be applied during the earlier review. 4. Upon final action by the Local Government regarding the development the Local Government shall send written notice to the School District indicating that the development was granted final approval or denied If the plat site plan (or functional equivalent) received final approval the development and anticipated students shall be considered vested for up to five (5) years beginning from the date the Developer received final approval from the Local Government. Vesting of a plat beyond the five years requires that one of the following conditions are met within the five (5) year period• 1) the issuance of a building permit for a principal building and first inspection approval or 2) substantial completion of project water lines sewer lines and the rock base for internal roads. If the development was denied, the District shall deduct from its database, students associated with the development Information provided _27 _ Words stfielwa are deletions, and words underlined are additions. shall be consistent with requirements stated in Subsection 8.2 of this Amended Agreement. 5. The Local Government shall verify prior to issuing a building permit for a residential development that either the requirements of public school concurrency have been satisfied or that the application is exempt or vested from public school concurrency. 6. Once an approved plat, site plan (or functional equivalent) expires, the SCAD Letter will no longer be valid. If an approval is to be extended, as may be permitted by the applicable Local Government, the applicant or the Local Government shall be required to provide written notice to the School District prior to any such expiration and provide documentation that the extension request was approved. Failure to provide the timely written notice to the School District will result in the expiration of the SCAD Letter. 7. In the event that approved changes in the overall mix of residential units and/or mix of bedrooms result in a net reduction in the amount of units constructed, a refund of any portion of the proportionate share mitigation amount paid may be available only if any such amount has NOT been committed for or used by the District to defray the school impacts originally anticipated to occur as a result of the original development, and only if the applicant restricts the property to the revised mix of residential units and/or mix of bedrooms to justify the refund. 8. If the student impacts from a proposed development causes the adopted LOS in a CSA to be exceeded or increase enrollment in a CSA where there is an existing LOS deficiency, a determination letter shall state why the development is not in compliance, and the applicant shall have thirty (30) days to projose proportionate share mitigation to the School District. 9. If the applicant proposes proportionate share mitigation within the thirty (30) day deadline, upon the subsequent acceptance of the proposed mitigation by the School Board, and upon the execution of a legally binding document between the School Board, local government and applicant, a new SCAD Letter shall state that adequate capacity would be available to accommodate the student impact anticipated from the development, and subject to the mitigation measures outlined in the binding agreement. If the proportionate share mitigation is not agreed to, the SCAD Letter, shall state why the mitigation proposals were rejected and also state why the development is not in compliance with public school concurrency requirements. _ 28 _ Words str-ieken are deletions, and words underlined are additions. 8.14 Proportionate Share Mitigation f a) The School Board shall consider proportionate share mitigation pursuant to provisions of this Amended Agreement. Such consideration shall be consistent with the mitigation provisions outlined herein and delineated in School Board Policy 1161. to be amended consistent with this Amended Agreement and as may be amended from time to time, regarding public school concurrency. If the proposed mitigation option is accepted and deemed financially feasible by the School Board, the applicant or Local Government shall enter into an enforceable and binding agreement. fbb) The binding agreement shall be filed against the property by the property owner, reviewed and approved by the School District, and recorded in Broward County public records by the property owner. Subsequently, the recorded agreement shall be provided to the School District, Broward County and Local Government with jurisdiction over the approval of the development order. 8.15 Proportionate Share Mitigation Options Once it is determined consistent with Sections 8.13 (e) and (f) of this Amended Agreement that there is insufficient capacity at the assigned school(s) to serve the proposed development, a development's total proportionate share mitigation value shall be determined as follows: (i.) The number of additional (deficit) students generated by the proposed development that would impact school(s) exceeding the adopted LOS, or that would cause the assigned school(s) to exceed the adopted LOS, multiplied by the Florida Student Station Cost Factors for each school type;plus ii. That development's share of the land acquisition cost for school sites, if any, as determined and published annually in the adopted Five Year DEFP. No land cost shall be applied to mitigation on property that is already owned or controlled by the School District at the time the proportionate share mitigation agreement is being executed. Relocatable classrooms or facilities shall not be considered or accepted as an acceptable proportionate share mitigation option. (a) The proportionate share mitigation proposed to address the deficit student station(s) at the affected school(s)shall equate to at least one permanent classroom when the following occurs: (i) The development generates the need for the additional capacity and that capacity is not available; ii No classroom additions -29 - Words st*ielEeta are deletions, and words underlined are additions. are available within the first three years of the adopted Five-Year DEFP to accommodate the student(s) generated; and/or iii No School District funds are available to provide the needed classroom(s). Mitigation to address the anticipated student impact that necessitate the need for school site(s) shall primarily be the dedication of land. The proportionate share mitigation options to satisfy12ublic school concurrency requirements shall include the following: 1. Provide the needed school sited for elementary, middle or high school. Acceptability of dedicated land shall be subject to review and determination by the Superintendent or designee that the subject real property satisfies the educational and site requirements of the applicable School Board Policy. The timeframe for the conveyance of the dedicated land shall be as agreed to by the School Board, and specified in the binding agreement. The binding agreement shall provide a condition that no building12ermit(s) will be issued for residential units associated with the plat or site plan until formal conveyance of the school site(s) to the School Board has occurred. If the appraised value of the dedicated site(s) is less than the school impact fees due for the project, the provision of additional funds towards construction of the school(s) or facilities will be required. 2. Pay for the 1roiect cost for the construction of school(s) scheduled in the Adopted Five-Year DEFP to relieve the primarily impacted CSA(s) plus the cost of the land acquisition,if any,for school sites as determined and published annually in the Adopted Five-Year DEFP or M the project cost amount deemed necessary in advance of the time set forth in the Adopted Five-Year DEFP. The costs associated with the identified mitigation shall be based on the estimated cost of the improvement on the date that the improvement is programmed for construction. Future costs will be calculated using estimated values at the time the mitigation is anticipated to commence. Unless otherwise agreed to by the School Board, payment of the total amount due shall be made no later than thiriy (30) days after the first to occur, the plat, site plan (or functional equivalent) receives final approval from the local governing body. This option shall be subject to specific School Board approval. 3. Pay for the project cost regarding the construction of a public school facility utilizing urban school concept(s) adopted by the School Board plus the cost of the land acquisition, if any. Also, the construction of such facility shall meet the State of Florida and the School Districts educational facility requirements. The costs associated with the identified mitigation shall be based on the estimated cost of the improvement on the date that the improvement is programmed for construction. Future costs will be calculated using estimated values at the time the mitigation is anticipated to commence. Unless otherwise agreed to by the School Board, payment of the total amount due shall be made - 30 - Words stfieken are deletions, and words underlined are additions. no later than thirty.(30) days after the first to occur. the Plat, site Plan (or functional equivalent) receives final approval from the local governing body. This option shall be subject to specific School Board approval. 4. Pay for one of the following: u Additions to the schools) located within the Primarily impacted CSA(s) or in CSA(s) located immediately adjacent to the primarily impacted CSA(s), as found in the current Adopted Five-Year DEFP, plus the cost of the land acquisition, if any, for school sites as determined and Published annually in the Adopted Five-Year DEFP or pay the project cost amount deemed necessary in advance of the time set forth in the Adopted Five-Year DEFP. The costs associated with the identified mitigation shall be based on the estimated cost of the improvement on the date that the improvement is Programmed for construction. Future costs will be calculated using estimated values at the time the mitigation is anticipated to commence. ii Needed permanent capacity improvement(s) (e.g. classroom addition) at the primarily impacted CSA(s) or CSA(s) located immediately adjacent to the primarily impacted CSA(s) or provide the number of needed permanent classroom(s) (modular classrooms(s) or similar facility), and the cost of the land acquisition, if any, for school sites as determined and Published annually in the Adopted Five Year DEFP. Modular or similar approved facilities shall meet the State of Florida and the School Districts educational facility requirements. Unless otherwise agreed to by the School Board,,payment of the total amount due for 46) or 4(ii) above, shall be made no later than one year after the,plat, site plan (or functional equivalent) receives final approval from the local governing body.This option shall be subject to specific School Board approval. 5. Allow proportionate share mitigation funding to be utilized at a charter school, which at a minimum meets all of the following criteria: a. The charter school or charter school system is owned by a municipal government. b. The charter school or charter school system has been in operation for a minimum of five years. - 31 - Words strieken are deletions, and words underlined are additions. C. The charter school or charter school system provides a complete grade configuration for at least a primary learning center, elementary_,middle or high school education. d. The charter school is located within two miles of the proposed development or within the CSA of the impacted public school(s). e. The charter school is built consistent with the state Rules for Educational facilities (SREF) which is contained within the Florida Building Code. f. Adopt the same LOS contained in the Amended Agreement. g. Adopt the Florida Department of Education (DOE) design criteria formulas to calculate student capacity. h. Enroll student population at a 100% of the charter schools contract caj2acijy. i. Funding received shall be used pursuant to Section 1013.62, Florida Statutes. This option shall be subject to specific School Board approval If the School Board rejects a proposed proportionate share mitigation funding offer at a charter school.the Board shall provide its reasoning for the refusal. 6. Other mitigation option(s) may be proposed by an applicant and shall be subject to specific School Board approval The timeframe for payment of the total amount due or the provision of the specific proportionate share mitigation shall be as agreed to by the School Board and contained in the binding agreement. u In no circumstance shall the total amount committed to pay for permanent classroom additions or any of the listed mitigation options be less than the school impact fees due for the units as calculated based on the adopted school impact fee schedule specified in the BCLDC and due for the units as of the effective date of the application for building permit The school impact fee due for the project shall be considered included in the total proportionate share mitigation amount due or paid and shall be credited toward the payment of the school impact fee Specifics regarding the payment of the proportionate share mitigation shall be included within the binding agreement. u In exchange for payment towards the provision of student stations to equate full _ 32 _ Words stfieken are deletions,and words underlined are additions. classroom(s), Payment for the construction of a public school facility, or dedication of school site(s), the School District will establish a mitigation bank for the Developer,which would address credits for permanent school capacity in excess of what is required to serve the proposed residential development. In such scenario. the Developer will have the right to sell credits within the affected CSA or adjacent CSA for the excess permanent capacity, upon receiving approval from the School District. Upon granting of such approval, the District shall send written notice to the Developer, with copy to Broward County and the Local Government issuing the development order or functional equivalent for the project. Details concerning excess permanent capacity derived from Paid proportionate share mitigation shall be addressed in the LDRs and in School Board Policy 1161. u An applicant may request a refund for monies paid (i) if the proposed development is not constructed in any part, or (ii) the plat or site plan (or functional equivalent)aapproval expires and the approval has not been extended. and (iii) the monies have not been committed or used by the District to defray the school impacts originally anticipated to occur as a result of the proposed development, and (iv) none of the proportionate share mitigation credit has been sold or transferred to subsequent Developer(s). 8.16 Formula for the Calculation of Proportionate Share Mitigation Options (a) The general formulas to calculate each proportionate share mitigation are as delineated below. 1 If a Developer elects the Dedication of School Sites option, the need for land shall be as delineated below: u Dedication of School Sites Specific language regarding the thresholds that would trigger the need for school site(s) generated by a residential development shall be as stated in School Board Policy 1161. Mitigation based on the Provision of school site(s) shall be based on the appraised value of the land measured against the cost per student station value amount due for the students generated. 2. Project cost for construction of school(s) or additions to school(s) located immediately adjacent to the primarily impacted CSA(s) as found in the current adopted District Educational Facilities Plan. - 33 - Words stfieken are deletions, and words underlined are additions. The formula regarding the above option shall at the minimum be based on estimated cost of the improvement on the date that the improvement is programmed for construction as provided in Subsection 8.15(a)(2) of this Amended Agreement. 3. Provision of Modular Classroom S12ecific language regarding the number of elementary, middle and high school students that constitute a classroom shall be as stated in School Board Policy 1161. fbb) A Mitigation contribution provided by a Developer to offset the impact of a residential development must be directed by the School Board toward a permanent school capacity project identified in the first three years of the School District's adopted Five-Year DEFP, or as appropriate, scheduled as a new project in the first three years of the adopted Five-Year DEFP. If the School Board accepts proportionate share mitigation based on the latter, the Board shall amend the adopted Five-Year DEFP to include the proportionate share amount or value of the mitigation. Capacity_projects identified within the first three (3) years of the Five- Year Capital Facility Plan shall be considered as committed in accordance with the pertinent Sections of this Amended Agreement. u If capacity projects are planned in years four (4) or five (5) of the School Board's adopted Five-Year DEFP within the same CSA as the proposed residential development, and if the School Board agrees, the Developer may lay his proportionate share to advance the improvement into the first three years of the adopted Five-Year DEFP to mitigate the proposed development in accordance with the formula provided herein. u Guidelines for the expenditure of proportionate share mitigation funds towards permanent capacity identified in the adopted Five-Year DEFP shall be as follows: 1. The School Board shall utilize monies paid byapplicants, to provide needed permanent capacity at those schools identified in the Districts development review report as being impacted by the development. 2. If site constraints or other feasibility issues make it impracticable for the School Board to provide the needed permanent capacity at the affected school(s) as delineated above, as feasible. the School Board will make efforts to provide the needed capacity at school(s) located immediately adjacent to the primarily impacted CSA(s) as found in the current Adopted Five-Year DEFP (s) thus relieving overcrowding at the primary identified impacted school(s). - 34 - Words stfiEkeR are deletions, and words underlined are additions. 3. If disbursement of the mitigation funds is not possible as outlined above, the funds will be spent in the apRlicable school impact fee service area delineated in the adopted BCLDC in a manner that ensures that the impact of the development is still addressed at the primary affected CSA or an adjacent CSA. 8.17 Appeal Process A Developer or Local Government receiving a SCAD Letter that indicates permanent capacity is not available may implement the applicable process outlined below. (a) A Developer adverb impacted by a SCAD Letter made as a part of the public school concur ency process may ppeal such determination by written request to the School Board. u If the School Board rules in favor of the Developer. School District staff shall issue a subsequent SCAD Letter based on the decision of the School Board. If the School Board does not rule in favor of the Developer or upholds the decision of District staff,the Developer may elect to pursue other appropriate measures. Lc) A Developer adversely impacted by a non-acceptance of proposed proportionate share mitigation made as a part of the public school concurrencyprocess may elect to pursue other appropriate measures. (d) A Developer adversely impacted by a Local Government decision made as a part of the public school concurrency_process may ppeal such decision using the process identified in the Local Government's regulations for appeal of development orders. (e) A Local Government adversely impacted by a SCAD Letter made as a part of the public school concurrency12rocess may initiate the process outlined in Subsection 10.1(a) of this Amended Agreement. If the issue cannot be resolved. the Local Government may appeal such determination to the School Board. If the Local Government is not satisfied with the decision of the School Board, the Local Government or the School Board may seek an advisory opinion from the Oversight Committee. If either the School Board or the Local Government is not satisfied with the opinion of the Oversight Committee, either par , may pursue the process outlined in Subsection 10.1. b(.) of this Amended Agreement. Qf) If the School Board does not accept proportionate share mitigation proposed by Local Government, and such decision results in a dispute between the entities. the Local Government or the School Board may seek an advisory opinion from the Oversight Committee. If the Local Government is not satisfied with the opinion of - 35 - Words s#T-i Apn are deletions, and words underlined are additions. the Oversight Committee either party may pursue the process outlined in Subsection 10.1.(b) of this Amended Agreement. ARTICLE V414 IX COLLOCATION AND SHARED USE Section 9 99.1 Collocation and shared use of facilities are important to both the School Board and local governments. In accordance with pertinent School Board growth management policy, the School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new,or renovating existing, community facilities. For example, opportunities for collocation and shared use with public schools will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, collocation and shared use of school and governmental facilities for health care and social services will be considered. 9.2 To enable the collocation/shared use of public school facilities with Local Government/civic facilities the Local Governments shall in Tanuary of each year provide to the Staff Working Group information on Local Government public/civic facilities planned for inclusion in its five-year capital improvements plan that could potentially be collocated with public school facilities Upon receipt of the information, the Staff Working Group shall forward the information to the School District Also, the Local Governments shall examine the annually submitted School Board's Five-Year Tentative DEFP provided pursuant to Subsection 41 of this Amended Agreement and include in the written comments back to the School District information regarding the potential public/civic facilities that could be collocated with planned new schools delineated in the Five-Year Tentative DEFP This requirement shall not prevent the Local Government from providing information on collocation to the Staff Working Group through out the calendar year. Information provided to the Staff Working Group and School District shall at the minimum include the planned type of public facilijy, acreage and location/parcel map. Information provided shall be in hard copy and electronic copy. Upon receiving such information the School District shall organize meetings with the subject Local Govemment(s) to further pursue and work towards the collocation of the facilities. The entities shall notice the Staff Working Group of their efforts towards collocation of the subject facilities As of efforts towards the collocation such facilities in Broward County, the Staff Working Group shall include in all of its meeting agendas, an agenda item relating to the provision information regarding collocation as stated herein. - 36 - Words 4*irkPn are deletions,and words underlined are additions. Subsequently, the Staff Working Group shall in its report to the Oversight Committee, advice the Committee of ongoing efforts towards collocation, including information on facilities that have been collocated in the calendar year. 829_3 A separate agreement will be developed for each instance of collocation and shared use which addresses, but is not limited to, legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use once constructed. ARTICLE IX X RESOLUTION OF DISPUTES Section 10 910.1 If the parties to this Amended Agreement are unable to resolve any issue in which they may be in disagreement covered in this Amended Agreement, such dispute will be resolved in the following manner: (a) First, the disputing parties will meet together through their respective county or municipal manager or administrator and the Superintendent or their respective designee; (b) If the disputing parties are still unable to resolve the dispute, the disputing parties agree to further attempt to resolve the dispute in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes or such other processes deemed mutually agreeable and appropriate by the parties involved. ARTICLE XI OVERSIGHT PROCESS Section 11 40.11.1 The School Board, the County and the Municipalities shall each appoint up to five members to serve on a fifteen (15) member committee to monitor the implementation of this Amended Agreement.Committee members shall be notified in writing and advised of the meetings referenced in Article II and shall receive copies of all pertinent reports and documents produced pursuant to this Amended Agreement. The Superintendent shall organize and staff the meetings of this Committee, utilizing the Staff Working Group for assistance as needed. Also the County and Municipalities shall cooperate as needed to further the work of the Oversight Committee to the extent feasible The Committee shall appoint a chairperson, meet at least annually to adopt and issue a report to participating local governments, the School Board, the County and the general public on the effectiveness with which this Amended Agreement is being implemented. The - 37 - Words stArhen are deletions, and words underlined are additions. Chairperson of the Committee shall preside over the meeting and within thirty f30Zdays generate— issue the report stated herein regarding successes and failures regarding implementation of the interlocal agreement during the preceding calendar year. The Committee meeting regarding review of the interlocal agreement shall be conducted as a public meeting advertised to provide opportunity for public participation. N11.2 For purposes of selecting the five appointed Municipal members, the Municipalities will appoint the five representatives through a process deemed mutually agreeable and appropriate by those Municipalities who are a party to this Amended Agreement. 11.3 The Oversight Committee shall have the powers outlined in Subsections 8.17 (e) and (f) of this Amended Agreement, and as further specified within this Amended Agreement. ARTICLE XII SPECIAL PROVISIONS Section 12 12.1 Land Use Authority The School Board. County and Municipalities specifically acknowledge that each Local Government is responsible for approving or denying comprehensive plan amendments and development orders within its own jurisdiction. Nothing herein represents or authorizes a transfer of this authority_to any other party. ARTICLE X4 XIII EFFECTIVE DATE AND TERM Section 13 44.13.1 This Amended Agreement shall become effective upon the signatures of the School Board, the County and at least seventy-five percent (75 0) of the Municipalities which include at least fifty Wrcent(50%)of the emulation within Broward County f,._,,e and a ffe t fer _ peFied of five (5) years f.efn the e ffe`ti e date. The joinder by each N4micipakty shall make the agreement effeefive as te that r-esperfive Munieilgality. This Amended Agreement may be earliefcancelled by mutual agreement of the School Board, er the County or and the respective Municipalities,unless otherwise cancelled as provided or allowed by law. Agreement J be extended upen fhe par-tiesuhial epn.spat of the Affia� Agreement for ene additional five (5) year ter-fn, eenElifiened ..p.. an extensie i d that the b - 38 - Words A*ieken are deletions, and words underlined are additions. year-prior te the expir-atien of the then eHffeFkt temt-, and the ether ipar-fies agree in Nvrififfg ta smA. P�4pn-qimq. :PqE! anp additional five year-extensien ter-on sh-a-11 be valid 9*to these all or-ioal par-ties her-eta. ARTICLE X-H XIV AMENDMENT PROCEDURES Section 14 14.1 Process to Amend the Interlocal Agreement The Procedures to amend this Amended Agreement shall be as follows: (a) The Party wishing to amend one or more of the above-listed items shall be the "Initiating_Party." The Initiating Party may be the School Board, County, or Municipality subject to the requirements of Public school concurrency_. (b) The Staff Working Group shall review and comment on a Proposed amendment. (cc) The Initiating Party shall submit the proposed amendment to the Staff Working Group. At the minimum,information submitted shall include: 1. A memorandum outlining the Proposed amendment: 2. A narrative describing the purpose of the proposed amendment and a statement regarding the impact of the proposed amendment on the School Board's Plan and adopted Five-Year DEFP, and the Local Government's Comprehensive Plan and other elements of Public school concurrency addressed by this Amended Agreement. 3. The memorandum must also include all data and analysis supporting the proposed amendment. u Within sixty (60) days of receipt of a Proposed amendment from the Initiating Party, the Staff Working Group shall provide any written comments or objections to the Initiating Party, the School Board, County, Municipalities and the Oversight Committee on whether the proposed amendment is consistent with the Comprehensive Plan as required by Sections 163.3177 and 163.3187, F.S. The Staff Working Group shall indicate in the written comments on whether it consents to the proposed amendment or, if it does not, the reasons for withholding its consent. The Staff Working Group's recommendation shall be forwarded to the Oversight Committee who shall meet and make a final recommendation to the School Board. - 39 - Words str-iekeR are deletions, and words underlined are additions. the County and Municipalities regarding the proposed amendment. In order to resolve any objections to the proposed amendment, designees of the Initiating Party may meet and confer with the Staff Working_Groupprior to the Staff Working Group's submission of written comments to the School Board, County, Municipalities and the Oversight Committee. u If the Staff Working Group is unable to consent to the proposed amendment, the matter will be forwarded to the Oversight Committee for resolution. If the Oversight Committee cannot reach a consensus on the matter, the matter shall be resolved pursuant to the dispute resolution process set forth in Article X of this Amended Agreement. (f) The parties agree that no proposed amendment will be implemented without the consent of the Staff Working Group, the final recommendation made by the Oversight Committee, and agreed to by the County and School Board and at least seventy-five percent(75%) of the Municipalities which include at least fifthpercent (50%) of the Ropulation within Broward County. Where the consent of the necessary parties is not obtained, no proposed amendment will be implemented unless it is determined to be appropriate through the dispute resolution process set forth in Article X of this Amended Agreement. (g) The parties agree that once a proposed amendment has the required consent of each of the necessary signatories to the Amended Agreement or is determined to be appropriate through dispute resolution each party will undertake work program Comprehensive Plan and regulatory changes necessary to effectuate the amendment. ARTICLE X-H XV MISCELLANEOUS Section 1215 4215.1 Entire Agreement This Amended Agreement constitutes the entire agreement and understanding between the parties, and supersedes all other agreements concerning the subject matter contained herein. Any amendments to this Amended Agreement shall be in writing and executed by each respective party. Notwithstanding the foregoing, the parties hereto agree and acknowledge that this Amended Agreement is not intended to usurp or modify the authority,rights, or obligations of the School Board, County or Municipalities as such may be provided elsewhere by law. i215.2 Severabilitv If any one or more of the provisions contained in this Amended Agreement shall for any reason be held invalid, illegal, unlawful, void or unenforceable with respect to any party -40 - Words #*iAena are deletions, and words underlined are additions. hereto, the remainder of this Amended Agreement or the application of such provisions to a party other than those to whom is held invalid, illegal, unlawful, void or unenforceable, shall not be affected and each provision of this Amended Agreement shall be valid and enforceable to the fullest extent permitted by law as if such invalid, illegal unlawful, unenforceable or void provision had never been included herein. 4215.3 Notices. All notices or other communications (other than notices for meetings as provided for elsewhere in this Amended Agreement) which shall or may be given pursuant to this Amended Agreement shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties at their respective addresses as specified in Exhibit "A", attached hereto and made a part hereof. Any party may from time to time designate any other address for this purpose by written notice to the parties hereto. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. -1215.4 Governing Law This Amended Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Amended Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County,Florida. 4215.5 Headines The captions, section numbers, article numbers, title and headings appearing in this Amended Agreement are inserted only for convenience and in no way define, limit, construe or describe the scope or intent of such articles or sections of this Amended Agreement, nor in any way effect this Amended Agreement and shall not be construed to create a conflict with the provisions of this Amended Agreement. 4215.E Counterparts This Amended Agreement may be executed in counterparts, each of which shall be deemed an original. 4215.7 Supplementary AUeements All parties to this Amended Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall not be inconsistent with this Amended Agreement. 4215.8 Authori Each person signing this Amended Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Amended Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Amended Agreement. -41 - Words styieken are deletions, and words underlined are additions. 421 .9 Indemnification 5 Each party agrees to be fully responsible for its acts of negligence or its agent's acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. 42-.15.10No Waiver of Sovereign Immunity Nothing contained in this Amended Agreement is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. 1215.11No Third Party Beneficiaries The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Amended Agreement. None of the parties intend to directly or substantially benefit a third party by this Amended Agreement. The parties agree that there are no third party beneficiaries to this Amended Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Amended Agreement. Nothing herein shall be construed as consent by any agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. -1215.12N on-Discrimination The parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities and obligations under this Amended Agreement because of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. &215.13Records Each party shall maintain its own respective records and documents associated with this Amended Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorneys fees for non-compliance with that law. IN WITNESS WHEREOF, this Amended Interlocal Agreement has been executed on the respective dates under each signature by and on behalf of Broward County, each of the respective Municipalities and the School Board of Broward County, Florida on this day of 2008. -42 - Words stFieken are deletions, and words underlined are additions. Signature Pages THE SCHOOL BOARD OF BROWARD COUNTY,FLORIDA By 1Guu, - d rua� Rob' artleman, School Board Chair Witness as to all Signatories Print Name RENATA ISE1L TURCIC r ATTES �-- J F.Notter,Superintendent Witnes as to all Sigp #J&-O I E V E P O N C E hooIs Print Name (CORPORATE SEAL) State of Florida,Broward County WITNESS my hand and official seal this day of A.D.2008 NOEMI GU11ERREZ Print Name (AFFI NOTA SEAL) My Commission Expires: 0,6, N i i NOEMI�UI1 DI)M _ CortumssionD6898d9 iz��t expires May 3,2011 ry' 9mdetl Teu TaJFr tram8�F1L`+ti Approved as to form: w J.Marko, chow oazd Attorney 43 - Words st44ekPn are deletions,and words underlined are additions. BROWARD COUNTY through its Mayor, authorized to execute same by Board action on the /Sw day of BAN. 2008. BROWARD COUNTY,by and through its ATTEST: BOARD OF COUNTY COMMISSIONERS —� Bv: �Gc✓ �� �}sSt Broward County Administrator, as ✓ ois Wexler,Mayor Ex-officio Clerk of die Broward County Board of County Commissioners Day of � 2008. Approved as to form by ` ICC (j Z Office of County Attorney €@ _ 19.�5`St ; H Broward County, Florida JEFFREY J. NEWTON, County Attorney ...... fir' Governmental Center, Suite 423 118 South Andrews Avenue �4Nu V V+Mi V V. Fort Lauderdale, Florida 33301 Telephone: (954) 157-7600 Telecopier: (954)357-7641 Bv: � t-a-d-a !2 r?/07 Assistant County Attorney -4j _ Words strieken are deletions, and words underlined are additions. CITY OF DANIA BEACH through its Mayor, authorized to execute same by Commission action on the 22nd day of January, 2008. CITY OF DANIA BEACH, ATTEST: a Florida municipal corporation n 61.0 r Uk BY: —— Louise Stilson, CI.4C Robert Anton CITY CLERK MAYOR-CO'_/MISSIONER BY: Ivarwato CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: BY: Thomas J nsbro, squire CITY ATTORNEY -48 - Words strkhen are deletions, and words underlined are additions. EXHIBIT"A" ADDRESS AND NOTICE LIST Superintendent of Schools The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale,Florida 33301 Broward County Office of Urban Planning and Redevelopment Department Broward County,Florida 218 South West 151 Avenue Fort Lauderdale,Florida 33301 City Manager City of Coconut Creek 4800 West Copans Road Coconut Creek,FL 33063 City Manager City of Cooper City 9090 SW 50th Place Cooper City,FL 33329 City Manager City of Coral Springs 9530 West Sample Road Coral Springs, FL 33065 City Manager City of Dania Beach 100 West Beach Boulevard Dania Beach,FL 33004 Town Administrator Town of Davie 6591 Orange Drive Davie, FL 33314 City Manager City of Deerfield Beach 150 N.E.2nd Avenue Deerfield Beach, FL 33441-3598 - 73 - Words stfieken are deletions,and words underlined are additions. City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale,FL 33301 City Manager City of Hallandale Beach 400 South Federal Highway Hallandale Beach,FL 33009 City Manager City of Hollywood 2600 Hollywood Boulevard Hollywood,FL 33022 City Manager City of Lauderdale Lakes 4300 N. W.36 Street Lauderdale Lakes,FL 33319 City Manager City of Lauderhill 3800Inverrary Boulevard Lauderhill,FL 33319 Richard Coker Lazy Lake City Attorney 644 SE 5th Avenue Fort Lauderdale,FL 33301 City Manager City of Margate 5790 Margate Boulevard Margate, FL 33063 City Manager City of Miramar 2300 Civic Center Place Miramar, FL 33025 - 74 - Words striekea are deletions,and words underlined are additions. City Manager City of North Lauderdale 701 S.W. 71 Avenue North Lauderdale,FL 33068 City Manager City of Oakland Park 3650 N. E. 12th Avenue Oakland Park, FL 33334 City Manager City of Parkland 6600 University Drive Parkland,FL 33067 Town Manager Town of Pembroke Park 3150 SW 52nd Avenue Pembroke Park, FL 33023 City Manager City of Pembroke Pines 10100 Pines Boulevard Pembroke Pines,FL 33026-3900 Mayor City of Plantation 400 N.W. 73 Avenue Plantation,FL 33317 City Manager City of Pompano Beach 100 West Atlantic Boulevard Pompano Beach,FL 33060 Town Administrator with a copy to: Gary A. Poliakoff,Town Attorney Town of Southwest Ranches 3111 Stirling Road 6555 Nova Drive,Suite 305 Fort Lauderdale,FL 33312 Fort Lauderdale,FL 33317 - 75 - Words stT-ieket3 are deletions,and words underlined are additions. City Manager City of Sunrise 10770 West Oakland Park Blvd. Sunrise, FL 33351 City Manager City of Tamarac 7525 N.W. 88 Avenue Tamarac,FL 33321-2401 City Manager City of Weston 17200 Royal Palm Boulevard Weston,FL 33326 City Administrator City of West Park PO Box 5710 Hollywood. FL 33083-5710 City Manager City of Wilton Manors 524 NE 21st Court Wilton Manors,FL 33305 Staff Working Group Member The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale,Florida 33301 Staff Working Groin Member Broward County Office of Urban Planning and Redevelopment Department 218 South West 10 Avenue Fort Lauderdale,Florida 33301 Staff Working Group Member City of Coconut Creek 4800 West Copans Road Coconut Creek,FL 33063 - 76 - Words stfieke are deletions, and words underlined are additions. Staff Working Group Member City of Cooper 9090 SW 50th Place Cooper City,FL 33329 Staff Working Group Member City of Coral Springs 9530 West Sample Road Coral Springs,FL 33065 Staff Working Group Member City of Dania Beach 100 West Beach Boulevard Dania Beach,FL 33004 Staff Working Group Member Town of Davie 6591 Orange Drive Davie, FL 33314 Staff Working Group Member City of Deerfield Beach 150 N.E. 2nd Avenue Deerfield Beach, FL 33441-3598 Staff Working Group Member City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale,FL 33301 Staff Working Group Member City of Hallandale Beach 400 South Federal Highway Hallandale,FL 33009 Staff Working Group Member City of Hollywood 2600 Hollywood Boulevard Hollywood,FL 33022 Staff Working Group Member City of Lauderdale Lakes 4300 N.W. 36 Street Lauderdale Lakes, FL 33319 - '7'7 _ Words stfiekerx are deletions, and words underlined are additions. Staff Working Group Member City of Lauderhill 3800Inverrary Boulevard Lauderhill,FL 33319 Staff Working Group Member Lazy Lake City Attomey 644 SE 5th Avenue Fort Lauderdale,FL 33301 Staff Working Group Member City of Margate 5790 Margate Boulevard Margate, FL 33063 Staff Working Group Member City of Miramar 2200 Civic Center Place Miramar,FL 33025 Staff Working Group Member City of North Lauderdale 701 S.W. 71 Avenue North Lauderdale,FL 33068 Staff Working Group Member City of Oakland Park 3650 N. E. 12th Avenue Oakland Park,FL 33334 Staff Working Group Member City of Parkland 6600 University Drive Parkland,FL 33067 Staff Working Group Member Town of Pembroke Park 3150 SW 52^d Avenue Pembroke Park, FL 33023 Staff Working Group Member City of Pembroke Pines 10100 Pines Boulevard Pembroke Pines,FL 33026-3900 - 78 - Words strict are deletions, and words underlined are additions. Staff Working Group Member GtXof Plantation 400 N.W. 73 Avenue Plantation,FL 33317 Staff Working Group Member City_of Pomjano Beach 100 West Atlantic Boulevard Pompano Beach,FL 33060 Staff Working Group Member Town of Southwest Ranches 6555 Nova Drive,Suite 305 Fort Lauderdale, FL 33317 Staff Working Group Member City of Sunrise 10770 West Oakland Park Blvd. Sunrise,FL 33351 Staff Working GrouIMember City of Tamarac 7523 N.W. 88 Avenue Tamarac,FL 33321-2401 Staff Working GroujMember City of Weston 17200 Royal Palm Boulevard Weston,FL 33326 Staff Working Group Member City of West Park PO Box 5710 Hollywood FL 33083-5710 Staff Working Group Member City of Wilton Manors 524 NE 21st Court Wilton Manors, FL 33305 -79 - Words st ea are deletions, and words underlined are additions. APPENDIX A-DEFINITIONS For purposes of this Appendix, the following terns,phrases,words and their derivation shall have the meanings given herein when not inconsistent with the text. Words used in the present tense include the future tense words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is mandatory and the word"may/'is permissive. a. Adjacent School Service Areas: Effective school boundaries located next to each other,which touches along one side, and not only at a point of the outside boundary, b. Capital Improvements Element: The part of a Comprehensive Plan that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component which outlines principles for correcting existing public facility deficiencies, which are necessary to implement the comprehensive plan. C. Charter School: An alternative public school authorized pursuant to Section 1002.33, Florida Statutes. The school is built to meet the State Requirements for Educational Facilities standards when used as a Proportionate Share Mitigation Option and is operated by a not-for- profit entity,under a charter with the local school district. d. Concurrency Service Areas: For the sole purpose of this Amended Agreement "concurrency service areas" shall mean the geographic area or effective school boundary for each school level where public school concurrency LOS standard will be measured when an application for residential development is reviewed for public school concurrency purposes. e. Comprehensive Plan: A legal document, or series of documents, required by Florida Law(Sections 163.3177 and 163.3178 Florida Statutes, as amended)to be adopted by Local Governments. The plan should consist of materials in such descriptive form, written or graphic, as may be appropriate to the prescription of principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the jurisdiction. Each comprehensive plan must contain several "elements" that address key issues such as land use,capital improvements, public school facilities, traffic circulation, sewer and solid waste,potable water,housing, and intergovernmental coordination. f. Consistency: Compatible with and furthering the goals, objectives and policies of the Comprehensive Plan Elements and this Amended Agreement. See Section 163.3194, Florida Statutes, as amended. g. Core Facilities: The media center, cafeteria, gymnasium, toilet facilities and circulation space of an educational facility. - 80 - Words strieker3 are deletions, and words underlined are additions. h Cost per Student Station or Student Station Cost Factors: The statewide average construction costs for facilities serving each instructional level, for relocatable educational facilities for administrative facilities and for ancillary and auxiliary facilities as computed annually by the Florida Department of Education, as defined in Section 1013.64, Florida Statutes, as amended. i Declaration of Restrictive Covenant: The binding agreement that is executed and filed against a property by its property owner that addresses the proportionate share mitigation approved by the School Board and recorded in Broward County public records. j Developer- Any person or legal entity,including a governmental agency,submitting an a1212lication to engage in land development. k Development Order. Any order granting denying or granting with conditions, an application for a development permit as provided in Section 163.3164(7), Florida Statutes, as amended. 1 Development Permit: As provided in Section 163.3164(8), Florida Statutes, as amended includes any building permit, subdivision approval, zoning, rezoning, certification, special exception variance or any other official action of local government having the effect of permitting the development of land. M. District Educational Facilities Plan: The comprehensive planning document prepared annually by the District and submitted to the Office of Educational Facilities and SMART Schools Clearinghouse and the affected local governments, as defined in Section 1013.31, Florida Statutes, as amended. n. Dwelling: A house apartment, or condominium unit, trailer, group of rooms, or a single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a common hall and with complete kitchen facilities for the exclusive use of the occupants, including rental units contained in a multi-unit structure or complex which are licensed by the State Department of Business Regulation Division of Hotels and Restaurants, as"apartments", and "rental condominiums'. o. Educational Facility: The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community, as defined in Section 1013.01, Florida Statutes,as amended. p. Exempt Local Government: Pursuant to Section 163.3177(12)(b), Florida Statutes, as amended, a Municipality that is not required to participate in public school concurrency due to meeting all the requirements for having no significant impact on public school attendance. - 81 - Words sicken are deletions,and words underlined are additions. R. Finding of Adequacy A determination by the applicable Local Government(s) that an application is in compliance with the applicable standards and minimum requirements of Chapter 5 Article IX Division 1 Broward County Land Development Code, as amended. r Flexibility Units: Those residential units which may be redistributed within specific geographic areas through the local plan amendment process and the Broward County Planning Council recertification process as further defined within the Administrative Rules Document: Broward County_Land Use Plan. S. Florida Inventory of School Housing(FISH): The numbering system used by the Department of Education for parcels buildings and rooms in public educational facilities or as further defined in Section 6A-2 0111,Florida Administrative Code, as amended. t Full-Time Equivalent(FTE) Student Count—Fall Semester: A fall semester count of all "full-time equivalent' students, pursuant to Chapter 1011.62 Florida Statutes, as amended. U. Financial Feasibility_ An assurance that sufficient revenues are currently available or will be available from committed funding sources for the first three (3) years, or will be available from committed or lanned funding sources for years four (4) and five (5), of a five-year capital improvement schedule and as further defined in Section 163.3164(32) Florida Statutes, as amended. V. Functional Equivalent: See "Plat Functional Equivalent' or "Site Plan Functional Equivalent'. W. Land Development Code: An ordinance or ordinances enacted by a local governing body for the regulation of any aspect of development including zoning or rezoning, subdivision, building construction or sign regulation or any other regulation controlling the development of land. X. Level of Service Standard(LOS)• A level of service at which a public school facility is expected to operate as defined in Section 163.3180, Florida Statutes, as amened. An indicator of the extent or degree of service provided by or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity Wr unit of demand for each public facility. Y. Local Government: Broward County and its Municipalities. Z. Lot: A parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the public records of Broward County, Florida. as Maximized Utilization: The use of student capacity at each school to the greatest extent possible based on the adopted level of service standard and the permanent capacity, - 82 - Words stfielken are deletions, and words underlined are additions. taking into account special considerations such as, core capacity, special programs transportation costs geographic impediments diversity programs and class size reduction requirements to prevent disparate enrollment levels between schools of the same type (elementary, middle high and provide an equitable distribution of student enrollment district-wide bb. Municipalities: Those cities, villages and towns created pursuant to general or special law authorized or recognized pursuant to Section 2 or Section 6, Article VIII of the State Constitution and located in Broward Counjy except those that are exempt from the Public School Facilities Element, pursuant to Section 163.3177(12),Florida Statutes,as amended CC. Oversight Committee: Committee established pursuant to Article 11 Subsection 11.1 of this Amended Agreement and primarily responsible for the monitoring of the implementation of the Amended Interlocal Agreement for Public School Facility Planning_ dd. Permanent Capacity: Permanent student station multiplied by the utilization factor identified in FISH. ee. Permanent Student Station: The floor area in a permanent classroom required to house a student in an instructional program multiplied by the utilization factor, as determined by the Florida Department of Education. ff. Plat: A map or delineated representation depicting the division or subdivision of a tract or parcel of land(s) into lot(s) block(s) parcels) tract(s) or other portions thereof, however designated. gg. Plat,Functional Equivalent: May include but not be limited to the amendment to a plat,the replat or replatting of an otherwise existing platted tract or parcel of lands) hh. Platted Land: Any land which can be referenced to an official plat book and pace recorded in the public records of Broward County. Florida ii. Program Capacity The capacity of a school once the special space needs for programs including but not limited to. English as a Second Language (ESOL) special programs for the emotionally handicapped autistic and varying exceptionalities have been addressed ii. Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement to satisfy the additional student impact created by proposed development containing residential units on deficient public school facilities as set forth in Section 163.3180(13)(e),Florida Statutes as amended kk. Proposed New Residential Development: Any application for new residential development, or any amendment to a previously approved residential development which results in an increase in the total number of housing units - 83 - Words sWekea are deletions, and words underlined are additions. 11. Public Facilities: Major capital improvements including, but not limited to transportation, sanitary sewer, solid waste, drainage, potable water,education,parks and recreation facilities. mm. Public School Facilities Element: The part of a Comprehensive Plan that addressees public educational facilities. The element must be based upon data and analyses that address how level of service standards will be achieved and maintained and must contain goals, which establish the long-term end toward which public school programs and activities are ultimately directed. rm. Public School Impact Application: An application for proposed development submitted by a developer, which would impact public school facilities. oo. Residence: A building, or part thereof, designated and used as the primary dwelling place for a person or persons, containing living, sleeping,kitchen and sanitary facilities. pp. Residential Development: Any development that is comprised of dwelling units, in whole or in part, for permanent human habitation. q-q. Reserve Units: Residential units as defined in the Administrative Rules Document of the Broward County Planning Council. rr. School Board: The School Board of Broward County, Florida, the governing body of the School District, a body corporate pursuant to Section 230.21, Florida Statutes, as amended. SS. School Boundaries: The geographic area, which identifies public school assignment as annually pproved by the School Board, and as further defined by School Board Policy 5000, as amended. tt. School District(or District): The District for Broward County created and existing pursuant to Section 4,Article IX of the State Constitution. uu. Site Plan,Functional Equivalent: May include, but not be limited to, administrative or otherwise examination of a proposed site plan by applicable regulatory staff members for the purpose of verification of development regulatory compliance. Such review is commonly referred by the Local Governments as being conducted by the Development Review Committee or the Plans Review Committee. VV. Staff Working Group: Group comprised of staff representatives from the School Board, Broward County and the Municipalities established pursuant to Article E, Subsection 2.1 of this Amended Agreement primarily to coordinate implementation of the provisions of this Amended Agreement. - 84- Words st+ieken are deletions, and words underlined are additions. ww. Tentative District Educational Facilities Plan: The comprehensive Planning document prepared annual by the District and submitted to the Office of Educational Facilities and SMART Schools Clearinghouse and the affected Local Government(s), as defined in Section 1013.35,Florida Statutes,as amended. xx Type of School: Schools providing the same level of education, i.e. elementary, middle or high school. yy. Triparty Agreement: The binding agreement between the School Board, Broward County and a Municipali1y12roposing development with a residential component that addresses the proportionate share mitigation proposed by the Municipality and accepted by the School Board to address the student impact anticipated from the development, and recorded in Broward County public records. zz. Use.Residential: A use which constitutes the occupancy of a building for dwelling purposes either permanently or temporarily, except for hotels motels timeshares or other public lodging establishments. aaa. Utilization: A Percentage derived from the comparison of the total number of enrolled students identified in the EFPI Report, to the total number of permanent capacity at a facility within a school boundary. - 85 - Words s 44chpn are deletions,and words underlined are additions. Appendix B- CALENDAR OF IMPORTANT DATES Hard Dates December 31 2007 Last day to vest approved and unexpired plats and site plans (or functional equivalent). Janus 15 2008 Cities must have adopted Comprehensive Plan amendments for public school concurrence. February 1 2008 Public School Concurrency becomes effective- Broward County and each Municipality must have adopted public school concurrency provisions into their Land Development Regulations and School Board must have amended its School Board Policies to include public school concurred provisions. Annual Recurring Dates Tune 30 Superintendent submits Tentative District Educational Facilities Plan to Broward County and each Municipality. August 31 Broward County and each Municipality transmit Growth and Development Trends Resort to the School District. September 30 School District transmits Adopted District Educational Facilities Plan to Broward County and each Municipality. October 1 School District submits District's public school concurrency data and related analysis to Broward County and each Municipality. December 31 Staff Working Group provides the written report regarding implementation of the Interlocal Agreement in the preceding calendar year and the effectiveness of school concurrence to the Oversight Committee. Ongoing Dates 15 days after adoption County and each Municipality shall provide data to the School District regarding al2proved residential development. - 86 - Words stfieken are deletions, and words underlined are additions. Avvendix D - ACRONYM LIST BCLDC Broward Count Land Development Code CIE Capital Improvements Element CO or CO's Certificate of Occupancy CSA Concurrency Service Areas DEFP District Educational Facilities Plan DOE Department of Education EFPI Enrollment and Facilities Planning Inventory Report FAC Florida Administrative Code FISH Florida Inventory of School Housine FTE Full-Time Equivalent LDC Land Development Code LDR Land Development Regulations LOS Level Of Service Standard LPA Local Planning Agency PSFE Public School Facilities Element PSIA Public School Impact A1212lication SCAD School Capacity Availability Determination Letter SREF State Requirements for Educational Facilities SWG Staff Working Group Words sifieken are deletions, and words underlined are additions. CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING COMPREHENSIVE LAND USE PLAN AMENDMENT A Public Hearing will be conducted by the Dania Beach City Commission to amend the 'text of its Comprehensive Plan by 'adopting the following ordinance: AN ORDINANCE OF, THE CITY OF DANIA BEACH,' FLORIDA, AMENDING THE DANIA BEACH COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT (PSFE), AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE), INTERGOVERNMENTAL COORDINATION ELEMENT (ICE), AND THE CAPITAL IMPROVEMENTS ELEMENT (CIE) IN ORDER TO INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY FLORIDA STATE STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; , AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (2nd Reading Adoption Stage) Date: Tuesday,April 8; 2008 Time: . 7:00 p.m.,or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach,Florida 33004 For further information, please contact the City's Community Development Department, 100:West Dania Beach Blvd., Dania Beach, Florida, (954) 924-6805 x3645 between the hours of 8:30 a.m. and 5:00 p.m.,Monday - Friday. Interested p"es may appear at the public hearing and be heard with respect to the public hearing. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the-City Clerks Office 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and fot such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. CITY OF DANIA BEACH Agenda Item # 7. Agenda Request Database IMF Date of Commission Meeting: 4-8-2008 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance (7st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.260&013 (TRANSMITTAL STAGE) AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION AMENDING THE CITY OF DANIA BEACH'S COMPREHENSIVE PLAN TO ADOPT WATER SUPPLY PLAN BY AMENDING THE TEXT OF THE SANITARY SEWER,SOLID WASTE,POTABLE WATER,NATURAL GROUND AQUIFER RECHARGE ELEMENT QHE INFRASTRUCTURE ELEMENT-), CONSERVATION ELEMENT,INTERGOVERNMENTAL COORDINATION ELEMENT,AND CAPITAL IMPROVEMENT ELEMENT;PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW;PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187,FLORIDA STATUTES;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Comprehensive Plan Amendments-Water Supply Plan (FIRST READING) Ordinance Staff Report Exhibit A- Potable Water Sub-Element Exhibit B-Conservation Element Exhibit C - Intergovernmental Coordination Element Exhibit D -Capital Improvements Element Public Hearing Notice Exhibit 1 Ex ibit 2 Exhibit 3 ExhIbIt 4 Exhibit 5 FlExhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manaaer Date HR Diredor Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ ORDINANCE NO. 2008-013 (TRANSMITTAL STAGE) AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION AMENDING THE CITY OF DANIA BEACH'S COMPREHENSIVE PLAN TO ADOPT A WATER SUPPLY PLAN BY AMENDING THE TEXT OF THE SANITARY SEWER, SOLID WASTE, POTABLE WATER, NATURAL GROUND AQUIFER RECHARGE ELEMENT (THE "INFRASTRUCTURE ELEMENT"), CONSERVATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW; PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2005, the Florida Legislature expanded comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning; and WHEREAS, the purpose of the "10 year Water Supply Plan" is to document the 10-year planning horizon of the availability of water supplies for the future growth and development of a community; and WHEREAS, pursuant to Section 163.177(6)(c), Florida Statutes, the City of Dania Beach is required to develop a Water Supply Plan and adopt that plan as part of the City of Dania Beach Comprehensive Plan (the "Comprehensive Plan") within eighteen (18) months of the approval of a regional water supply plan by the South Florida Water Management District ("SFWMD"); and WHEREAS, the SFWMD approved the Lower East Coast Water Supply Plan in February, 2007; and WHEREAS, the City of Dania Beach has developed a "10 Year Water Supply Plan" consistent with the Lower East Coast Supply Plan; and WHEREAS, City staff recommends the adoption of amendments to the Sanitary Sewer, Solid Waste, Potable Water, Natural Ground Aquifer Recharge (the "Infrastructure Element"), Intergovernmental Coordination, Conservation and Capital Improvements Elements, attached as Exhibits "A", "B" "C" and "D" respectively found in the Comprehensive Plan in order to meet the state mandated requirements of a "10 Year Water Supply Plan" that is consistent with an adopted regional water supply plan; and WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, has reviewed the proposed water supply plan amendments and recommended approval to the City Commission; and WHEREAS, after having received extensive input and participation by interested members of the public and staff, and having considered the recommendation of the Planning and Zoning Board, the City Commission evidenced an intent to transmit and did transmit the proposed amendments to the Florida Department of Community Affairs, other units of local government and governmental agencies as required by law for their review after first reading of this Ordinance; and WHEREAS, the Florida Department of Community Affairs, other units of local government and governmental agencies as required by law have reviewed the proposed amendments to the Comprehensive Plan attached to this Ordinance and submitted their comments, if any, to the City Commission before second reading; and WHEREAS,the proposed ordinance has been noticed in accordance with applicable law; and WHEREAS, the City Commission finds that the proposed amendments are consistent with Florida law and the Comprehensive Plan; 2 ORDINANCE#2008-013 Transmittal Stage NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated into this Ordinance as the legislative intent of this Ordinance. Section 2. That the City Commission amends the sub-element "Potable Water" of Chapter 4 of the Comprehensive Plan entitled "Infrastructure Element," as provided in Exhibit "A,"to meet the requirements of water supply planning. Section 3. That the City Commission amends Chapter 6 of the Comprehensive Plan entitled "Conservation Element," as provided in Exhibit `B," in order to meet the requirements of the water supply planning. Section 4. That the City Commission amends Chapter 8 of the Comprehensive Plan entitled "Intergovernmental Coordination Element," as provided in Exhibit "C," to meet the requirements of the water supply planning. Section 5. That the City Commission amends Chapter 9 of the Comprehensive Plan entitled "Capital Improvements Element," as provided in Exhibit "D," in order to meet the requirements of the water supply planning. Section 6. That the City Commission further directs the City Clerk to transmit a certified copy of this Resolution and the water supply planning amendments to the Florida Department of Community Affairs, all other units of local government and governmental agencies as required by Florida law for review after a vote on first reading of the Ordinance. Section 7. That the City Commission adopts the amendments to the Comprehensive Plan contained in Exhibits "A", "B", "C" and "D" of this Ordinance after second reading of the Ordinance. 3 ORDINANCE#2008-013 Transmittal Stage Section 8. 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 9. 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 10. That this Ordinance shall be effective immediately upon passage by the City Commission on second reading, except that the effective date of these plan amendments approved by this Ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the plan amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. The Department of Community Affairs' notice of intent to find the plan amendments in compliance shall be deemed to be a final order if no timely petition challenging the plan amendments is filed. PASSED on first reading on 2008 (transmittal stage). PASSED AND ADOPTED on second reading on 12008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE#2008-013 Transmittal Stage IV. POTABLE WATER SUB-ELEMENT (WATER SUPPLY PLAN) A. Introduction The Charter of the City of Dania Beach provides for a Department of Public Works and Utilities which is responsible for the potable water treatment system and distribution system. The department's task is to assure the residents of the City with a safe, quality drinking water to half of the current corporate limits, east of Ravenswood Road... —The areas west of Ravenswood Road are served by Broward County Withdrawal of raw water from the aquifer is governed by the South Florida Water Management District. The Broward County Public Health Unit is charged with the responsibility of approving distribution systems and overseeing the operation of treatment facilities. The Broward County Water a,.seti_ee ",r,.nagemen4 Divisi�Environmental Protection Department is responsible for ensuring -implementing_wellfield protection protocols to protect wellfields throughout the county... B. Existing Conditions City Water System The City of Dania Beach being a coastal community, has historically had difficulties with is raw water supply wells. The City's initial wells were installed near the current water plant along the Florida East Coast railroad. Use of these wells has been discontinued due to high levels of chlorides in the water, and formally abandoned in 2007. In 1985 two new wells were installed on the west side of the City near Ravenswood Road west. These wells are currently in use (referenced as Wells G and H). These wells are restricted due to saltwater intrusion although it appears that the chloride content of the raw water is diminishing slightly with time and responds to rainfall. The City has been testing for salt water intrusion for the past five years on a monthly basis in both the production wells and adjacent monitoring wells. The capacity of the two 65-foot deep wells is 1400 gpm each The wells were rehabilitated in 2003 (H) and 2005 (G) which reduced capacity a minor amount in each. The City's hydrogeological consultant suggested that the City might be able to recapture firm capacity by drilling a third well southwest of the existing wells on Stirling Road. Investigation was initiated during the 2007 budget year. While the City's water use permit allows for the majority of withdrawals from the City's wells supplemental sources from Broward County. The County commissioned a study for the implementation of a regional wellfield facility in the late 1980s. This report indicated that the Dania Beach wells were at their peak capacity and that a regional wellfield would provide the long-term permanent solution. The Broward County raw water agreement was executed in June 1990 between the City of Dania Beach and the County. An addendum was issued in 1994 because no water had been delivered by that date The concept was to permit several eastern communities Dania Beach Hallandale and Hollywood among them to draw raw water from a new western wellfield to replace lost capacity in the eastern wellfields. The agreement has the following provisions: 1 • Defined the service area—limiting Dania Beach to the then-City limits. • Created a Large User Advisory Board that was to meet re ug larly • Determined that the County would construct the wellfield and all appurtenances • Defined a rate methodology for the raw water • Defined meter locations, readings, meter inaccuracies and a dispute resolution • Requires a 10% renewal surcharge for wellfield maintenance • Reserves certain flows for each user The County used Certificates of Participation, paid off via General Fund revenues, to construct the regional 21 MGD wellfield. The wellfield came on line in 1994 with an installed capacity of 21 'MGD... The South Florida Water Management District permitted the wellfield at 14.9 MGD average daily flow and 21 MGD maximum daily flow. The City's agreement with Broward County permits it to withdraw up to 1.1 MGD of raw water from the southern regional wellfield (Brian Piccolo Park wellfield). The intent has been for the wellfield to be incrementally increased in flow until fully allocated. The City has planned on the BPP supply as its long-term raw water solution. miles of pipe with diameters vat=ying from six (6) inehes in diameter to twelve (12) inehes . . The City has a lime softening treatment plant with a nominal capacity of three(3) million gallons per day. The City has . matel., f....hung fed innm gallons of storage, twe huadnua thousand of ..hieh .,..ele ..,a The water treatment plant is supplied with raw water via a sixteen (16) inch diameter raw water line. The treatment Want was built in 1952 and renovated in 1991. The plant operates adequately and is in good condition. It is expected that the plant will operate satisfactorily for approximately twenty years without major replacements. The City of Dania Beach Water Treatment Plant has the following characteristics for 2007: Average Daily flow 2.6 million gallons/ day Peak flow 3.2 million gallons/day Design flow(ADF) 3.0 million gallons/day Estimated Remaining Life 20 years The City has 384,000 gallons of storage in its clear wells. A new 2 million gallon ground storage tank should be on-line by April, 2008. The plant operates twenty-four hours per day. A new 2 MGD nanofiltration water plant is in design at the present time. It is expected to be on line by 2010. It will improve water quality while allowing the City to treat more of the County water supply. The cost of this facility is $7.5 million. The project is expected to be completed by January, 20101 and will be funded with State Revolving Funds. Current average daily flows are 2.6 MGD. This is higher than prior years, but 2001 and 2002 were impacted by drought restrictions that may provide a poor reflection of actual demands. The City's base water usage is expected to grow minimally over the 2 foreseeable future as there are no areas the City can extend service to that are not already served. Hence any increase flows will be generated in the current service area. However, the City is poised for major redevelopment in the coming years as a result of the City's Local Activity Center (LAC) and Community Redevelopment Agency (CRA) districts which are newly established. Currently developers are interested in a series of properties in the corridor and development could come on line after 2010. The LAC will permit 2,456 new units in the Citv, most of which will be along Dania Beach Blvd and US 1. The water use of these units is expected to average 250 gallons per day per unit as a result of the construction being primarily multi-family with limited irrivatable area. Between now and 2028 the City's water usage is expected to increase by only 0.6 MGD as a result of the LAC. This has been included in the population projections. There are two issues regarding water supplies for the future growth in the City as a result of the LAC. The first is the quantity of water available for treatment. Because people in urbanized South Florida use groundwater supplies that are replenished directly y summer rainfall the quantity of water available is finite and the quality must be protected for the end users - the public and the ecosystem Water supplies in south Florida are regulated by the South Florida Water Management District. The District issues water use permits based upon availability of the resource. These withdrawals limit both annual average and maximum daily withdrawals from the aquifer by the utility. Periodic renewal of the water use permits allows the water systems to adjust the quantities for withdrawal based on growth and/or prior experience. The City's current water use permit No. 060410-9 allows for 2.0 MGD to be withdrawn from the City's two wells. The South Florida Water Management District indicates that under their water water resource supp4yavailability rule approved in 2007, this amount may be reduced to 1.8 MGD which is the highest 12 month withdrawal period between 2000 and 2005 Between the City's 1.8 MGD and the 1.1 MGD in the County contract, the withdrawal amount is adequate to meet the City's current and short-term average daily demands through 2016 Based on permit discussions the City will attempt to skim additional water from its coastal wellfield to regain lost capacity (.012 MGD) which will solve the water supply issues through 2019. Beyond that point the City will need to consider acquisition of water from Hollywood or participate in a yet-to-be-identified regional solution It should be noted that the City of Dania Beach has taken the lead in discussing the potential need to create a regional solution for the County wellfield. However, actions are beyond the City's control. The following outlines the current and potential water supplies per the City's water use permit application: ADF ADF Total MDF MDF Total Year Population C( ±yj (County) ADF C( ityl (County) MDF 2008 16317 1.8 0.6 2.4 2 0.9 2.9 2010 16568 1.8 0.6 2.4 2 0.9 2.9 2015 20054 2 0.8 2.8 2 1.4 3.4 3 2020 22869 2 1.2 3.2 2 1.9 3.9 2025 24192 2 1.4 3.4 2 2.1 4.1 2028 24601 2 1.6 3.6 2 2.3 4.3 It should be noted that there are three issues associated with this proiection: First, the City has objected to the projections of the South Florida Water Mana eg ment District (4.05 MGD) which are substantially higher than the City and County proiection (which match at 3.6 MGD based on TAZ data from the County Planning Department). In part the City believes that the District cannot separate the County's service area from the City's. The County service area has potential for more growth. Second, the expanded use of the County's wells is an issue between the County and the SFWMD at this time as a part of their water use permit renewal. The South Florida Water Management District has proposed restriction the Brian Piccolo water source to 11.8 MGD which would significantly impact the potential for the City to gain raw water from this source. The City of Dania Beach has little option to pursue fresh water supplies. The City has no economical method to dispose of concentrate. Finally, the City appears to have no issues with water supplies until 2020, over 10years form now. However. 2020 is after a point in time in which there is an assumption of significant downtown growth having occurred. If this is not the case, the issue will be delayed. This will also be at a point when the City starts to evaluate treatment needs and regulatory requirements of its existing lime softening system... The City will implement the following to secure additional raw water: • Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach. It is expected that this investigation will be complete in 2012. • Participate with the County of efforts to recharge the County wellfield on a utilization basis. This may include additional wells. storm water recharge or reuse recharge. At this time the appropriate solution cannot be determined, since the solution is within the County's purview. The City has neither effluent nor a wastewater treatment plant to address the water supply issue. Raw vomer is provided by two PA,enty rem inch a:.......eter wells with a naminal of ibree (3) milkeu gallons per daj . T' �n 1,.eatea approximately 114 mite wes of the western e4y lifnits and f e A,,. ,.,1,,..t ...:A, .. sixteen (l 6) ' k di line. The efAire Gi45, is sen,ed by table ,,.ter with the a eption of a warehouse eemplem in the southwest Winer-ofthe Gity. The City also has in place €rv,—four 34 interconnect with adjacent utilities as follows: City of Fett Lauderdale 1 12 inches City of Hollywood 2- 6 inches 1 - 8 inches Broward County 1 - 12 inches 4 A new 12 inch interconnect with the City of Hollywood is planned by 2010. The City of Dania Beach follows the standards established by the Broward County Public Health Unit and the City to determine the adequacy of potable water services. 4-9 1) Dwellings: Each Single Family Unit= 1 ERC 2) Condominium: 3 bedroom 300 gpd 1 ERC/1 &2 bedroom 250 gpd 0.71 ERC 3) Motel/Hotel: 150 gpd per room/200 gpd per pool 350 gpd per mgr. apt. 4) Mobile Home: 100 gpd per space 5) Office 0.2 gpd per square feet 6) 6)Retail: 0.1 gpd per square foot 7) Laundries: 400 gpd per machine 8) Bar(no food service): 20 gpd per seat 9) Restaurants: 24 hour - 50 gpd per seat (Including bar) Less than 24 hours -30 gpd per seat(Including bar) 10)Theaters: 5 gpd per scat 11)Assembly Hall: 2 gpd per seat 12)Park: 10 gpd per person 5 13)Factories: 15 gpd per person per shift 14)Institutions: 100 gpd per person 15)Church: 7 gpd per seat 16)Service Station: Full Service Station First Two Bays - 750 gpd Each Additional Bay - 300 gpd Per Fuel Pump - 100 gpd _ Self Service Station Per Fuel Pump 50 gpd 17)Elementary School: 10 gpd per pupil 5 gpd per shower per pupil 5 gpd per cafeteria per pupil 18)High School: 15 gpd per pupil 5 gpd per shower per pupil 5 gpd per cafeteria per pupil 19)Hospital and Nursing Home: 200 gpd per bed 100 gpd per staff 20)Warehouse: 0.1 gpd per square foot C. Existing Conditions County Water System The City of Dania Beach has no control over the water system in the western part of the City. This service area is known as the Broward County 3A service area The area is served by Broward County. The area was annexd into Dania Beach and Hollywood in the early 1990s. At this time, the majority of the service area lies within the City of Dania Beach. The rest is in Hollywood. The County has no plans for changingtheir heir current service area as debt on the system is tied to customers. Broward County abandoned their water treatment plant for the 3A service area in 1998 after they entered into an agreement for bulk water purchase with the City of Hollywood The County has retained a 2 MG tank and high service pumping equipment at the old 3A 6 water plant site The tank is expected to be upgraded in the future to accommodate increased demands. The average daily demands for water service in the 3A service area at the time of the agreement were 2.6 MGD with moderate growth expected over the ensuing period There is a significant potential for growth as under utilized properties are converted to more intense uses. Conversion of mobile home parks to condominiums is one example that is occurring in this corridor along Griffin Road. The City of Hollywood has a 37.5 MGD facility. The City of Hollywood treats Biscayne water from their new wells the County's Brian Piccolo wells and their own Floridan wells The Floridan wells are considered an alternative water supply and are not affected by the water use permit restrictions. As a result the City of Hollywood is pursuing additional Floridan water supplies to meet the demands of their customers. including their obligations to serve the 3A service area. The City expects to be fully compliant with water use needs for the 2025 horizon in the next 10 years. At present the South Florida Water Management District is reviewing their water use permit application as well. The existing water supply agreement between the City of Hollywood and County for customers within the City of Dania Beach (but served by the County) indicates that the City must make the plans and provisions to secure the 3A demands. The City of Hollywood is planning to address the future demands with Floirdan wells which are being drilled at this time. From the County's December draft of its 10 year facility plan, the following is proposed at this time Year Population ADF (County) MDF (County) 2010 15712 3.9 5_1 2015 16992 4_4 5_8 2020 18173 4_7 6_2 2025 18959 5_0 6_6 2028 19403 5_2 6_9 The Gi J f Dai+iaU b Water-T-r-e4.. en4 Dln..t has the f 11...,.ing ehafaeterist:n.. (1 Average Daily flow 2S millien g u, s;day Peak flow 10 Milli OR gall,. i ,1..., Design flow (n roc) 3.0 million 1 gallons ;duy Estimated Reg Life 29)fears, Tb plapA epefates twenty four hatffs r day. a1 7 D. i;.Analysis 9of Existing Conditions The following chart gives the demands for the City of Dania Beach: Ci Service Area Conntv Service Area Year Population Ave Flow Max Flow Population Ave Flow Max Flow MGD MGD MGD MGD 2008 16317 2.4 2.9 15247 3.8 5.0 2010 16568 2.4 2.9 15712 3.9 5.1 2015 20054 2.8 3.4 16992 4.4 5.8 2020 22869 3.2 3.9 18173 4.7 6.2 2025 24192 3.4 4.1 18959 1 5.0 6.6 2028 24601 3.6 4.3 19403 5.2 6.9 *Note County service area flow projections per capita are substantially higher than the Citv service area as a result of the County providing service estimated to exceed 1.5 MGD to the Fort Lauderdale-Hollywood Intemational Airport and ancillary commercial and industrial complexes associated with the airport. E. Water Distribution n " e'"� RiK 095 2.8M0-_P �__D 2000 2.P.469 42 N46=; 2004 3.0N4GD 3.5- ^ 2010 3.5N4Q_P 40 MQYD The City of Dania Beach's water distribution system consists of approximately sixty (60) miles of pipe with diameters varying from six (6) inches in diameter to twenty (20) inches in diameter. The distribution system of the City has been analyzed by hydraulic analysis and three areas of the City were determined to have weakness, the extreme southeast area, the area north of the Dania Cut-Off Canal known as Melalucca isles-Isles and the area north and south of the Dania Cut-Off Canal in the extreme eastern panrt of the City. This analysis was performed both for present demands and build out demands utilizing an average per capita consumption of 100 gallons per day; a maximum day factor of 1.6 and a peak hour factor of 3.2. Fire flow was established at 1,500 gallons per minute. The distribution system weaknesses in the extreme southeast area of the City have already been corrected. The _ego smy aFfeetions in the other- o,va Area,; of the-Qv.. have,hee.. :a. nti fgpd R_a ..-e whpdul„] to be ..,,,1_.,ssed TheseOther improvements would involve an additional subaqueous crossing of the Dania Cut-Off Canal to strengthen the system in the Melalucca Isles area and replacement of mains in the extreme eastern area. The estimated cost of these improvements afeS209is estimated at $0.5 million-,ON. The City has completed two water main projects to deal with low pressure and flow volume problems in the northeast section at a cost of$2.6 million. These pipes were designed to accommodate future growth. The treatment plant was renevated in 1991. The plant epeFates-adequately and is in feasen„bly--geed shape it is a eeied ah..a the plant will opera4e satisfaeterily far- approximately twenty years withetA majo e�T 8 The ^tar-age a pabilities of the City intended to he im .ea as nnn nnn gallons F g sta«ae available with 200,000 gallons being elevated- Planning „d- ... for an in the „e..theaat nrea of the City with a el C 500,000 gallens to 1,000,000 gallefis eensidered, with high serviee=Pumps. T-Fie estimated nest of 4his facility is $200 nnn to $nnn nnn The Gilt' of Dania De..eh being a astal a „:t., has h: ll had d'FF 1 ties with is rake crater wells. The wells in the eastern peftion of the amity have been d:sea„aimed : e due to high levels of ehlerides in the water in the early l non new ,`.'ells were installed west of the eity limits and there Fells are eurrendy in use. The F« the „lementadon of a « „al . ellfield Faeility and County ....................... .. study xm cccc-nirprcnxa�xcaxxvn-vrcrr@b'iorcm--dvcrrrxc-iv-mmrnTa�ty this « „e«t :„d:eated that the DR-Rig Deaah . ,ells may heeeme a „tat..:„area40"ith 1 during a fn jer drought. The City has been testing for salt Azater i„ntfusien fer the past five yeafs an a month!), basis in both he „«eduet:a„ wells a„d aa:aee„t „ „:ter:„n Wells. The Gity also ha been „e..F ing F ea..e„t tests for v elatile oFganie e„tat...:„a„ts in beth the Faw ate „d- Q„ shed- . ate With some tract oeeuffing in the rawwate r. 22 The following table gives the ....tie:..^tea daily flew demand for-the Cit. F-i" 1�393 Water- Plant � 1989- 1993 1989 ]993 SU _ Eapaek), Ayer-age Avefage PealE Peali Deficit 1993 3.0 l 4G-D�'?� nnnn ^ Q r,rr_l) 4.2_N461) --42A4Q-D----.2 MGD 3.0 1y}GiT3.S-MOD 2.8 "4 D 5.3-N4GD 4.2 M�-2 N4GD — 3:8 i14610 3.01.4903����0-A4G;; 3.0 MC&D 3.3 MciD 44MOD 1.5-MG0 The di ff_ene^ in the year 2000 „«e:eetie„ : a «esleet:a„ of the airpeft e3kpaasien irate the area east of Federal Highway and the leas of development antieipatea to take plaee F. Future Water Supplies The . ,ate« treatment „la„t . e...t through a eem„lete renevation in 1991 „d- PAnsidefod e he : aene„t as„d:t:e„ and : expen.ea t n rater« n add:tio„nl �n The City has studied various options as to the future potable water sources for the City of Dania Beach. As a part of their Water, Sewer and Stormwater Facilities Plan approved in 2003 and reviewed via the State Clearinghouse process in anticipation of securing State Revolving Fund loan monies. The alternatives evaluated included the following (taken 9 directly from the facilities plan—please note this plan was approve in 2003 and costs may chanee with time): 5.1.1.2 Problems with the present situation The plant is over 40 years old and has lived its useful life. Its operation is familiar to the operations staff and it treats the City's current water supply wells adequately. However, the plant cannot treat the County's Brian Piccolo Park (BPP) water supplies adequately and the South Florida Water Mana eg ment District's latest permit indicates more water must be taken from the BPP simply..... 5.1.1.3 Alternatives There are six alternatives to resolve the problem: build a new lime softening water treatment plant, build a membrane water treatment plant, refurbish the old water treatment plant, some combination of the above, buy bulk water, or do nothing. The do nothing alternative does not comply with the City comprehensive Planning effort to provide adequate service to its residents so this option will be discarded Refurbishing the current water treatment plant is an option, but despite substantial investments, the current facility cannot be made to treat the County water supplV. 5.1.1.3.1 Alternative 1 Description: A new lime softening facility could be built. Feasibility: A new lime softening plant will bring the same technology and operations as the current system. It will also suffer the same treatment limitations as the current facility, meaning it likely will not treat the County water source adequately. Cost Analysis: The cost of a new facility was $4.5 million. This option would require removal of the existing treatment system, which would not only cost about S500 000 to accomplish but would require the City to purchase water from Hollywood for at least a year. Once complete, the new treatment plant operating costs will increase due to increases in lime for treatment and additional sludge generated from that treatment. Other operations and maintenance costs will be similar to the current facility. It is assumed that salvage will be negli ig ble_ Discussion: A totally new facility would require demolition of the current plant and construction of a building for housing the plant. Lime softening will be familiar to the operations staff. However. it will suffer the same issue as the current water plant — the County water supply will be difficult to treat, allhough with a larger reactor and added lime addition (enhanced coagulation), the color may bleach out. Enhanced coagulation is inherently less stable than the current 10 operations. which may challenge the operations staff Bleaching with chlorine is an option, but that would require the addition of ammonia to stop trihalomethane .formation, an added cost. While technically feasible the option has limited potential so will not be evaluated further. 5.1.1.3.2 Alternative 2 Description: To treat the Counh, water supply, a nanofiltration water treatment facility could be constructed to meet the City's demands. Feasibility: Nanofiltration will resolve the treatment concerns and provide high quality water that will meet all existing and contemplated water quality standards. Cost Analvsis: The cost for a new 3 MGD facility is $5 million. Disposal of concentrate from the facility will be a challenge —sewers ... - is the -only option that is reasonable. Said costs could add up to $1 million to the cost: an assumed cost of $500,000 is included in the cost estimate. Operations costs would increase from current costs due to electrical increases albeit they would partially be offset by a decrease in chemical costs for treatment. Post-chemical costs are a potentially large cost - $50,000 per year or more. This option would require removal of the existing treatment system, which would not only cost about $500,000 to accomplish, but would require the City to purchase water from Hollywood for at least a year. Piping is located on site to facilitate the proiect, but a new building would need to be constructed to house the membranesystem — estimated cost for a steel structure to house two or more skids is $100.000. Pipit, given the existing site configuration, would likely be about$50.000 for the connections to the ram, water line, finished water lines and a concentrate connection. A new generator would be required as the current generator is not adequate to handle the electrical load from the membrane system. This cost is assumed to be $250,000, which covers the generator and minor switchgear modifications. The power issue will need to be reviewed in more detail. Discussion: While this option would solve the treatment issues, its flexibility xlith regard to operations and demands is limited. Problems with this scenario are that the fluctuation in Rows may create operational difficulties and peak demands likely would require an even larger system However, because this alternative offers the best option to resolve the water quality issue, can be accomplished quickly and is the course being pursued by other southeast Florida utilities, it will be evaluated further. 5.1.1.3.3 Alternative 3 Description: A hybrid system — keeping the current water plant, but reducing the Row volumes, and supplementing with a 2 MGD nanofltration skid with recirculation of the concentrate and reduced disposal costs, is a third option. 11 Feasibility This option would permit treatment of the County water source while limiting ost-treatment chemical costs. This option has been successfully employed in Hollywood Cost Analysis Between refurbishment of the current plant, and the new skid, the cost would be $3 4 million The skid is estimated to cost $3 million. Disposal is estimated at $500,000 as noted in section 5.1.1.3.2. This estimate assumes that the lime softening system can be used to deal with the concentrate or the City can pursue one of two other cost effective solutions: • Discharge to the sewer system (at reduced flows), which would require an industrial use permit under the City of Hollywood's pre-treatment program • DischarQe directly to the C-10 Canal which has a remote potential if proposed concentrate disposal rules are modified (this is by far the least costly alternative). To accomplish this option some refurbishment of the existing system is required ... (T)he aluminum aerators... have been in service for some time and wear is present in the aerator trays. The cost to complete the replacement of both aerators and fix the aerator tray problems is $100,000. (T)he cost to replace the cat-walks with aluminum and fiberglass is $100,000. The sludge collection system shows metal deterioration that must be repaired in-situ. Based on engineering iudgment from other proiects the cost to make these repairs is $150,000. Miscellaneous repairs throughout the plant may be needed. These costs will be based on field inspection, but may include base work, weir repairs and cone repairs in the accelators. While in fair shape, the corrosive environment of the accelators and the presence of groundwater bacteria. encourages deterioration. The filters have neither situation, which is why repairs to the filters will be minimal. Based on similar proiects, the engineer's estimate .for metal repairs is $250,000 Despite the modifications ongoing in the rehabilitation of the existing facility, this alternative would not require the City to purchase water from Hollywood for any extended periods. The skid could be located in an existing bay in the water plant building. Piping is located on site to facilitate the project. Given the existing site configuration, would likely be about $50.000 for the connections to the raw water line finished water lines and a concentrate connection. A new generator would be required if the City wanted to have full back-up power, as the current generator is not adequate to handle the electrical load from the membrane system. This cost is assumed to be $250,000 which covers the generator and minor switchgear modifications. The power issue will need to be reviewed in more detail, but would not be a required improvement as the lime system is fully operational under the current generator s sy tem. 12 Discussion: The benefit is reduced operating costs from the membrane option since post chemical stabilization would not be required. The piping for this option is available and the skid could be constructed usinjzperformance specifications and installed in the current building. The option meets both _flexibility and treatment needs. Mixed operations may challenge operators initially but this can be resolved with time. The hybrid system would require that some facets of the current system be refurbished but the amount of refurbishment would be lessened because dependence on the system is less because redundancy is created. The hybrid operation has the benefit of simple tie-ins to the raw and finished water lines, an existing site for placement of the skid indoors, and ease of site access. Limited site impact would be expected with this option as it is not disruptive. 5.1.1.3.4 Alternative 4 Description: Refurbishing the existink water plant could be pursued. Feasibility: A maio1 r refurbishment would be in order if the plant were to continue with the current operations for the next 30 vears, and redundancy should be created However after 50 years, the plant is beyond its useful life, has been refurbished once (early 1990s) and cannot treat the County water supply adequately. As a result this option is not feasible and will not be considered further. 5.1.1.3.5 Alternative 5 Description: The City currently has an agreement for bulk service with Hollywood The agreement could be used for the City to purchase water from Hollywood and abandon its current treatment facilities. Feasibility: Hollywood has expressed an interest in providing this service. Pipelines are needed as is storage. Cost Analysis: The agreement is one-sided toward the CitVof Dania Beach with one exception—the cost, which is much higher than the City of Hollywood's other bulk customers based on a cost allocation developed based on the contract by the City of Hollywood's rate consultant. The City of Hollywood has indicated revising the agreement would permit them to lower the cost to $1 2911000 alb (current cost). The major improvements required for this option include a storage tank — most likely a ground storage tank with a pumpinksystem (see section 5.1.3.3.2) and a pipeline from Hollywood's system to that storage tank in order to properly serve the City of Dania Beach The pipeline cost is $750 000 based on recent construction estimates Post-chemical costs of$20,000 or more may be required If Hollywood wants the City to pay for a new 2 MGD skid that cost is$3 million. This issue has been discussed 13 This option would require removal of the existing treatment system, which would cost about $500,000 to accomplish. New high service pumps may be required. The cost to supply a new high service pumping system and variable speed drives is $500,000. The existing generator appears to be adequate to handle the electrical load from the high service center proposed. The power issue will need to be reviewed in more detail. Discussion: Bing bulk water form Hollywood would solve the treatment and capacity issues for the City of Dania Beach. The CiU of Hollywood would then have their pumps and storage facilities providing same to Dania Beach, although in-City storage and re-pumping would still be required. A loss of direct control over the treatment of the water supply is a concern with this option but the City of Hollywood's record with water quality, as a result of their membrane treatment system, surpasses the other surrounding communities. As a larger facility, adequate capacity ymay be available from the City of Hollywood. One unknown is the cost Hollywood might want for construction of an additional skid If this cost is factored in ($3 million), this project becomes less viable. In reviewing water treatment alternatives, the Water, Sewer and Stormwater Facilities Wan determined that three real options exist, albeit with major differences: a new membrane softening system, a hybrid membrane system with the existing plant refurbished and the purchase of bulk purchase from Hollywood. A cost benefit analysis was performed in accordance with FDEP protocol. From this analysis, the hybrid option was the least costiv and was therefore the recommended option. l:,#L-d hplow. �T 1 Bulk p «ehase of finished water- F..em tl.e Git y of Fort Lauderdale.- '). Bulk» rehase of finished water ffam the Q45, f T1..115-wood 3. Bulk purehase of finished water- 4sm Prewar-d Count),. S. Bulk pufehase of raw weAer from Br-o-war-d CeufAy afid expansion of the existing Wa4e 6... Abandonment of existing wells,install new anise wells,and&E-pansion vf`mc ifeal ._»t were e .. . .. ed F e»e, epti. .. The options were also e . . ... ed uo w vpacxtivamz1 and maintenanee e8sts as well as bulk purehase eosts. The variatis analysis are as follows: 1. Bulk D h FT:' ' 1, a FP' 1. dWater Fefa 7, City f FoFt T d .7 1 14 A 72 inph ate..ao„„eet exists at filler- Drive and US 1 ..rh:eh mayprE)N:ae . .. to approxi.,..atet.r -2 n,lnrl The „tiee efh..n. .. ate..„..«chase :a $1 27ilnnn ..ane„a The City has de„.a„ds of more than 2 T4GD thus, add:tienalmains will he Heeded ♦e supply the !`:t. making this a :able option '1 11. Puf fB' ll] t the City of lJoli.r..reed �. � aeon-nii e � �a,eoa 23 rl4 onIhTad ien-piviivcS-th_ee�iterevn„ees:rwish the Crite �-u„vo ineh tit vhe •a afid S l / Ave a G ineh at the .voter plant, and an Q :„eh at Stirling Dena and 29th A..e pfessufe. This may e e the Gitv'a needs to appfoximately 1991 iith the e :at:„a To Rrll:11 the ..lt:.„ate demand, a a:dera '1 tio„ of a lafge :„temenncat at S ll7 ..d Ave aCC aF Hell3weedZs-24=::=el3 lints e .lv - he tl ner3 TM eemeefien, in „etiO fl With .he e3Fls�mg--li3ieF6eFxneet at-m�a Road oav--mid-N.Nth-Ave. ee..la fulfill the Ci Ts supplT thin a Add:tie„a „f'ln :„eh main along ell 2„d Ave and Stirling Road. add:tia„s of 12 ineh fflain along Gulfs4r-eam Read and Bf�'an Read wetild be required-. Thk-, fariliti&q —and-their approximate ea-pital eests in 1989 dallafs are: 1T)4 UN1TSCOST EXTENDED 20" 1„te.ae„„eat ..dth HOII�Bd 20" hater main (9AL "d Stir-lingR'ad) —9;9AA =F S60:99/L.F. $540,000 12" Water Main (Bfyan Rd, n..If Bd) 10,000 1 r enn nn� $4000, $990 nnn 1„ this see„arse the water plant is aaa.....ad to he shirt down, bulka„d hIL water „v.ehasedeurfe The „t „„..ehase „_:ee of..rate.. ae.., Hollywood is cn o7 per 1,000 gallons. 3. Bulk B....ehaae of C:„:shad U/ate..from B..o..ra fd !`o..„t.. A . t eat to the Gair„ ,'s 16 :„eh 1:„e is proposed at the „eFtheast aomer of 1 95 a„a Griffin Road in f,.„t of the Hilten Hotel. Due to the dintanee to the Ca..„t. 3A ..lant however, the intavenneet may supply only appre�iim=4el} 3.0 *"nn at a deeent pressxre.T- 15 reunty : not..:able Bulk Pefehase of Finished Water ffefn a Combination of Fei4 LaUder-dale. Hollywood BfGWM444� Given h above intereenneets, the Git..'s ..ltimme demand m ..he met Th :rr:a.. r..rte... .. a..la rea..:re ....eraaes in the F r... of a large l4all.a..aaa xme ioviacot, new-izv:ir3-mCaenc=n'-iain�-pi'all ezxf6 ciistii6-im'nS. : zm:g z z tex... . .eF Hollywood at Q I 7 A..e to..ra..:ae Mere Flow, and 4 :r.eh main ralleling the -i existing O :..eh main C rm C..rt i a..aeraale and looping of the system along Old Griff... and Bryan Read would be FeqUired. The F a:l:tiva -And their approximate a pital vests in 1999 dollars a 1TLA4 UNIT COST EXTENDED intereenneet with l4allyweea (SIA,z2 Aye lump Sum $50 nnn 12 :«eh plater Main (Bf�,an Rd., Old Chiffin an GulfsEFea —10,000 1 c $40 n�14$400,000 (f.,...i'[r-Ft naiivC'tdale)5.9WzF P3 O.O/LF.P59,wv TnpT A 1 : $609 nnn in this seenarie. !he water plant is is he Sh..t deA% and bulk walerpxrehased. average rehase pr-iee of the . ...ter fro.... the three HA ..al:tier appre* matel., en n2 .. 1,000 gallens. The Ce...a. will eentinue to attempt to :..elude the Git.. :.. :tr see:....al wellf:ela ..regFar., A 7A ineh tfaRsmission main fFefn the County's s 3 A plant to the wateF plaR4 would be required 40 tfmsfnit ultimate flows. The water plant would then have to he upgraded to a treatment e e:t., of 7 G N40D 4:.e... ;tr :sting 3.0 AA!_P e e:.<. The 3.0 plant as :t is, ..la require rehah:l:tatisfi The Al 1.4nn addition may be FA-Rde, in ARR, AF PA'E) Phases as required. The type of tr-eament antieipa4ed is as :sting ..h:eh ..elid li p (es fne raening A eeeerater treatment fi .. > l \ treatment, 16 Additions to the t i would also be needed along 94ir4ifig Read, Bf�,an Read and Gulfstfeafn Read, 3-5 The r rilit:e.. and-the:.. „ mate a pit.,1 eests in 1989 dollars inne 1;4SITTS C,ne4TF_v:rc�FA) -24" Raw...ete.. T..e.,...... 7 2.5 N4V7il W tef Dlet Upgrades 2 each $3,000.000 —$6.00@.009 20" Wa[ef Main Q ro$3,, nnn?00/LF Pc G1 nn�rononrci—y-1°92' 9 0v IX'VA#et-7'�d13im 3 , Ii-voo.r�F $40.nn�mci $ �n�vnv,-nonvv TOT-Al eo 31 nnn The purehase ..rive of raw water ffam the room), is e...um-e,l t,. Na 0.504.000 gallO.... ...h;le the n 9, M e, st pfthe plant is e.,....e..ay en ec pe.. 1,000 gallons Desalinization When dfilling fiew .ells on the p!e.a ..ae a : e..te.l th..t h...,pkish water will ultimately-be ..edueed A.e.., eaeh well given the extent Af ..el; ,ate.. int....,.;,.., R.ve L;eh watef 1;ws been desalinated by membrane proeesses, speeifioally revefse osmosis (RO). Side benefits of RO may ..:hl. he ..eduetien ofT-144 pfeeufsefs wh:eh may lowe.. 4:44 f F fins g potentials. ,.ht....:.L... .ind he...l.. le..el.. anticipated that ehleride-levels in t a new wells would increase with usage, stag-lo (approximately enn .. m) and : g toapproximately 5,000 p in the early stages, RO . ..te ,he hle...le.l . ,:th lim.e. seftenedwaters._ As demand .l as the .slimly of the ground water inereases, additional Un e e:t.,...e..ld ,...:..e,l Ultimately,tel.., the lime sa fte..:«... ....oee..,. would he shut down afid t..eaffleat ...,.ii �e 26 17 The F..ilities and she:.. a .....sae a pital vests in 1989 dollars a 1i-TrEN4 �1TT9 GQ-T EXTc�D 7.3 1:rellfeld e....• 339�0 i� AAnn nn Plants phases nn nnn nnn rxv-rTzcv-r'xxaxc5 �axalcS ��w;w� ��ovv 29 atefPr :�$9,20W1LF$69 0044 192,000- 12" `�'.'�a€eF-Main $1 n n� n�Fcnn n� 0/LF TOTAL $12 nnn nnn The aaa...Aed n D. AA earls l;...this C ail:a. is $1 nNNI nnn gallons 2-7 indie,alion of both present and futufe eests. The Givy has existing agr-eemeRv; I.Al'ith the, eity of Hallyweed and the City of T:e..t Lauderdale ...h:eh do not limit the number- of gallons of bulk of 11011. .. sad . e ently renewed ofejtnd - 2-0 an additional .ing dwough the year veted . .ate. demands of she City ah a..ah tha la..«:«a d A« t _ u cn c¢cicvc-pxmaanSpcixoa. x ax a.g.iccxixcixc iFia Br-owar-d Ca..«t.. Fr-pu fehase This system is currently in design and expected to come on line by 2010. -29 TABLE 2 C-cTv OF D n TaT 1 A BE A C-u 11/A TL'D SUPPLY V A r TII ALTERNATE TERN A TE ATE ($) GOSTQ n AA PIT crI DTI - B UT K A A Tr17�R �'OTTL. [TOE A 1 NU A.L ( ), 2-G8 244-0 0/ :shed hater ca:r 1,314,000 r�3-rrn000nn 134,000 — — 1,872,00 3,-909;008 2,006,000 4,043, uderdale 1,663,000 339-7008 1,764,000 3,498, wished Water 990,000 101 000 — >Ilywood Net — Viable 18 1 .837.e00 3,682, 4ished Water 3is1}ed Water 609.000 62,000 - - '.'�0 3.620.000 rr�inar:ien RAI li I„te.. (`... nt. C(1v�v 83-7000 1,067,000 2,'r-1 96, 000 1,0 ,000 Y-472,00- 2,,9 TT6J 3340, t 2 94.2,00 1,079,000(3) 1,911-000 3911,000 - _ nn�no eatment -0 4-, 0 30 G. Economic Assumptions The City of Dania Beach's primary sources of revenue for the potable water system is through rates charges to users and connection charges on unit and acreage charges as set forth in Ordinance 41-86 of the City, which are charges to new users-. Other capital expenditures will utilize bond issues supported by utility revenues or low interest bank loans. The City upgraded is impact fee ordinance and policies in 2007. H. Goals, Objectives And-and Policies Provide to the users of the City-City of Dania Beach a safe reliable and adequate potable water system. Objective I Meet the service demands of the City as follows: City Service Area Countv Service Area Year Population Avg Flow Max Flow Population Avg Flow Max Flow MGD MGD MGD MGD 2008 16317 2.4 2.9 15247 3.8 5.0 2010 16568 2.4 2.9 15712 3.9 5.1 2015 1 20054 2.8 3.4 16992 4.4 5.8 2020 22869 3.2 3.9 18173 4.7 6.2 2025 24192 3.4 1 4.1 1 18959 5.0 1 6.6 2028 24601 3.6 4.3 19403 5.2 6.9 *Note Countv service area flow projections per capita are substantially higher than the City service area as a result of the County providing senice estimated to exceed 1.5 MGD to the Fort Lauderdale-Hol]%N%ood Intemational Airport and ancillan'commercial and industrial complexes associated with the aimort. AVERAGE PEAK 1993 2.8 xenn 4.2 Henn 2000 i.8 fi61) 4.2�n 2003 3.0 N46D 3.5 A4Gl; 2010 3.5 A.IQQ 4.0 MGO 19 Policy 1.1 Review the analysis of the six eptiens fef pr-eviding potable water- sen4ee tE) 4he C-45' Of Dapia Be,.,., and ,.,,00se the most viable and a eal[y feasible alto .nati..°Complete the nanofiltration plant by 2010. Policy 1.2 Establish as a level of service standard a consumption of 350 gallons per day for an equivalent residential connection Policy 1.3 Augment the potable water distribution system to provide fire protection of 3,000 gallons per minute with 20 psi residual pressure Policy 1.4 Adopt as the level of service standard the following design flows as established in Ordinance 4146: 1) Dwellings: Each Single Family Unit = 1 ERC 2) Condominium: 3 bedroom 300 gpd 1 ERC/1 &2 bedroom 250 gpd 0.71 ERC 3) Motel/Hotel: 150 Ppd per room/200 gpd per pool 350 gpd per mgr. apt. 4) Mobile Home: 100 gpd per space 5) Office 0.2 gpd per square feet 6) Retail: 0.1 gpd per square foot 7) Laundries: 400 god per machine 8) Bar (no food service) 20 gpd per seat 9) Restaurants: 20 24 hour- 50 gpd per seat (Including bar) Less than 24 hours -30 gpd per seat(Including bar) 10) Theaters: 5 gpd per scat 11) Assembly Hall: 2 gpd per seat 12) Park: 10 gpd per person 13) Factories: 15 gpd per person per shift 14) Institutions: 100 gpd per person 15) Church: 7 gpd per seat 16) Service Station: Full Service Station First Two Bays - 750 gpd Each Additional Bay - 300 gpd Per Fuel Pump - 100 gpd Self Service Station Per Fuel Pump 50 gpd 17) Elementary School: 10 gpd per pupil 5 gpd per shower per pupil 5 gpd per cafeteria per pupil 18) High School: 15 gpd per pupil 5 gpd per shower per pupil 5 gpd per cafeteria per pupil 19) Hospital and Nursin Home: ome: 200 gpd per bed 100 gpd per staff 20) Warehouse: 0.1 gpd per square foot 21 1\ Dwellings Eaeb Single Family Unit 1 ERG 2 : :.. 1 p. 2 1.ea..ee.,.. 2e0 gpd 0.71 ERG -34 2\ Matel4J,,.el. 150 gpd per room 200 ,. pd per-pee4 350 gpd per fogf. apt. d) TUihi1,, 11e.,.e. }00 gpd per spaee c Retail: 0.2 gpd per squafe fee 400 gpd per Faaekine 8) Bar (no food servee) 20 gpd per sea 9 i Restate 24houlf SO gpd per- seat (Ifieludifig baf) Less than 24 hours 30gpdper-sefft (IneludingbaF) 1 n1 TT e ewa . at 11\ A ssemb15' 17e11• 2 gpd per se 12) Pafkr 1 2\ ❑„e.....:es: T 15 e,..i p pefsen per shift 22 LJA.1....tit...:,..... gpd pef person 1 c >r gj3d per seat 16\ Se...,:ee Station Full ce .: e Station 9L First Tvvn Bays 750 gpd Self Se«.,ice Station 1 7\ Clementar-y Ce1.....1. 19 gpd per pupil 5 gpd pe' shower per pupil 1$) Hige4--. 15 gpd per pupil 5 gpd per- shower per pupil 5 gpd per eafeteria per pupil 19) Hospital and Nursing Hene� Inn gpd per be' 100 gpd . staff 20) eheuse: QA gpd per squafe fee Policy 1.5 The City shall continue to implement landscaping regulations addressing the planting of native and site adaptive exotic species that are suited to the normal hydrological cycle of South Florida and support the xeriscape concept. Policy 1.6 D....yide, 0... .1.e additional storage needs of the C-a., in ahe naftheast e oeComplete the new 2 million eallon ground storage tank by 2008. Policy 1.7 Maintain interlocal agreement and interconnects to accommodate future water demands at the adopted level of service. 23 Objective II Maintain the treatment distribution and storage facilities. Policy 2.1 Examine rates necessary to support bond issues for the necessary improvements. Policy 2.2 Continue to utilize the connection charges as indicated in Ordinance 41-86 for new capital expenditures. Objective III 33 The City shall discourage urban sprawl by requiring connection to potable water system within 1/4 mile of a subdivision or within 250 feet of a residence Policy 3.1 New users shall be required to participate in the necessary expansion of the potable water system and existing, unconnected areas, shall be required to make the necessary connections. Objective IV Explore additional fresh raw water supplies Policv 4.1 Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach. Policy 4.2 Participate with the County of efforts to recharge the County wellfield on a utilization basis. This may include additional wells, storm water recharge or reuse recharge. I_IPlan Implementation And Monitoring Procedures The City of Dania Beach Growth Management Department shall prepare a list of goals, objectives and policies and distribute these to all affected City departments for their implementation. The Growth Management Department shall be responsible for monitoring these goals, objectives and policies and determining their compliance with the plan. The Growth Management Department will review yearly status reports from the Utilities and Public Works Department as to the achievements of the goals, objectives and policies and shall ensure that adequate funding is budgeted to meet the same. The Growth Management Department shall immediately notify the City Manager and the City Commission of any unaddressed deficiencies so that they may be corrected J. 10 year Capital Plan 24 Denartment Projects FY 2008 FY 2009 FY 2010 FY 2011 1 FY 2012 1 Total Water Utilities Water Plant Upgrade Design Services(not SRF Fundable) 520 000 520,000 Construction Services(SRF fundable) 6.500,000 0 0 0 6.500,000 Refurbish Existing Water Treatment Plant 1,050,000 0 0 1,050,000 Design Services(not SRF Fundable) 50 000 50 000 Construction Services(SRF fundable) 0 Construction of Well "1" 0 550,000 0 550,000 Design Services(not SRF Fundable) 50000 50 000 Construction Services(SRF fundable) 5050 000 50 000 Water Tank Removal 220,0001 0 0 01 220,000 TOTAL 1 1,840,000 6,550.000 600-0001 01 01 8.9 00,000 K. 11-Water Conservation( The City of Dania Beach has reeenily approved a formal water conservation program in October of 2005 along with a revision to its and it's water use ordinance. This ordinance adopts the Districts criteria for restrictions,that note that a Water shortage "means a period of time specified by the district when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought." The ordinance also specifies that a Water shortage emergency "means that situation determined by the district when the powers which can be exercised under part I1 of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses." The ordinance also adopts by reference the District's Water shortage plan "that the District will utilize in declaring a water shortage, describing the procedures for declaring and implementing a water shortage emergency and establishing water use restrictions, describing enforcement procedures, and establishing specific water use restrictions and a classification system." The declaration of a water shortage or water shortage emergency within all or any part of Dania Beach by the governing board or the executive director of the district shall operate to invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to Dania Beach, or any portion thereof, shall be subject to enforcement action pursuant to this article. The City's law enforcement personnel will enforce the ordinance. Penalties are as follows: (1) First violation: Twenty-five dollars ($25.00). ((2) Second and subsequent violations: Fine not to exceed five hundred dollars ($500.00), or imprisonment in the county jail not to exceed sixty 25 (60)days, or both. Beyond water restrictions, a typical water conservation program is composed of the following elements: develop/maintain an accurate database of water consumption to reduce municipal water waste; a retrofit program; the modification of relevant City Codes (plumbing, irrigation, landscaping,the promotion of xeriscaping; and public information and education programs. The City implements these measures in the following manner: d•1 l Develop/maintain an accurate database of water consumption to reduce municipal water waste — all services in the City are metered, including all irrigation services. The City also recalibrates large meters every two years and plant meters annually. The City changes out a number of older meters each year, depending on the age—prior change-outs were not recorded). L21 A retrofit program — is not pursued in the City at this time since unaccounted-for water is below 15%. However, remodeling of buildings requires that new fixtures meet the Florida Building Code — Plumbing requirements which require low flow fixtures. Therefore, while the City does not have an active retrofit program (or the funds and personnel to implement same),the building code is accomplishing this purpose. 4-.3) As noted above, the Florida Building Code addresses the plumbing aspects requiring low flow plumbing fixtures. As the majority of homeowners in Dania Beach use wells for irrigation,not potable water the benefits to the utility from a water savings potential from xeriscaping, rain sensors and landscaping is minimal and the City has limited capability to impose restrictions on well use. A water conservation policy is in the process of being developed at this time for landscaping and the promotion of xeriscaping. The policies may help with these issues. Public information and education programs—the City has District brochures on water conservation and xeriscaping available for the public(on display). 5) Water conservation rate structure — The City has long had in place, a water conservation rate structure that penalized residents using in excess of 10,000 gallons per month. The typical single family use in Dania Beach is less than 8,000 gallon per month,or 267 gpd/ERU. In addition the City has looked at two other issues associated with water conservation — reclaimed water and ASR Both were rejected as discussed in the following paragraphs. Effluent reuse is of substantial benefit to the area for a number of reasons, the most important of which is the reduction of competing water withdrawals from the surficial aquifer system by the application of the reclaimed water. The drainage system has lowered the water table, causing saltwater intrusion to occur. Carefully designed applications of effluent to critical areas of the surficial aquifer could protect and maintain 26 freshwater sources. However, the City must rely on the City of Hollywood for reclaimed water, as the City has no treatment plant of its own. To date, the City of Hollywood has not had facilities or water quantity to extend reclaimed water to the City of Dania Beach. This situation could change if the City of Hollywood extends reclaimed water to Port Everglades. ASR Wells are a water supply management option some utilities have pursued in south Florida. Unfortunately there is only one successfully operated ASR well in Southeast Florida — Boynton Beach. The water required to supply and ASR well would be a minimum of 1-2 MGD, which is a sizeable portion of the City's demands. Investment in additional water treatment plant capacity and a well for this purpose does not seem reasonable. 27 ulk wo a FIM G rt � �•' ��rn_ 1�' Figure 2— Well Locations Li w wno rurcuv (n Z U Q W n] a z �au- HL o r _ 6 e s 10 k.. r t,s I =T 1 m f a' 14 d pp 29 CONSERVATION ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN 9J-5. 013 TABLE OF CONTENTS I. INTRODUCTION 1 I. Purpose 1 II. Physiography 1 II. DATA AND ANALYSIS REQUIREMENTS 1 L Water Resources 1 II. Flora and Fauna 4 III. Wetland Communities 4 IV.Air Quality 4 V. Lakes and Minerals 5 VI. Soil Erosion 5 VII. Fisheries, Wildlife, Marine Habitat, and Vegetated Communities 5 VIII. Pollution Problems 6 IX.Current and Projected Water Needs 6 III. REQUIREMENTS FOR CONSERVATION 7 GOALS, OBJECTIVES AND POLICIES TABLES I. Vegetation Associations 11 II. Wildlife 12 I. INTRODUCTION A. Purpose The Conservation Element of the City of Dania Beach is prepared to provide a guide for the conservation, use, and protection of natural resources within the City and immediately adjacent property. The Element first identifies the significant resources occurring within the community and the impacts occurring on those resources. The element then provides goals, objectives, and policies which will help to insure commitment to long term programs. This will help conserve the natural resources of the community and hereby provide a high quality of life for current and future residents of the City of Dania Beach. B. Physiography The City of Dania Beach is situated in southeastern Broward County which is the second largest county based upon population within the State of Florida. The County consists of approximately 1,200 square miles; however, only the eastern third (414 square miles) is considered within the planning or development area. Of the 414 square miles, the City of Dania Beach comprises approximately 7 square miles. The eastern part of the county where Dania Beach is situated is made up of low, sandy ridges, which are commonly referred to as flat woods. The vegetation where remaining is mostly Pine, Palmetto and native grasses. These flat wood areas were made up of deep poorly drained nearly level sandy soils. Many of these soils were original used for truck crops, but most of the areas have been developed into urban uses. Agriculture is virtually non-existent within the City of Dania Beach. Some eastern portions of Dania Beach consist of mangrove vegetation. 11. DATA AND ANALYSIS REQUIREMENTS A. Water Resources 1. Surface Water The Dania Beach area is generally drained by the Dania Cut-Off(C-11) canal which divides the City north and south. This canal also serves the western parts of Broward County. In addition, the C-10 Canal provides the major drainage conveyance primarily serving the southern and western portions of the community. C-10 ultimately discharges into the Dania Cut-Off Canal which in turn discharges into the Intracoastal and ultimately through Port Everglades inlet into the Atlantic Ocean. Existing drainage in the City is adequate and as development occurs each development is to meet drainage improvement requirements in accordance with the standards of the South Florida Water Management District, Broward County Water Resources Management Division, as well as the City requirements. The New River 3 Sound and estuarine system is located in the most easterly portion of the City of Dania Beach as noted on the Estuarine Map. Because of its proximity to the Port Everglades Inlet (approximately 2 miles to the North), this system receives a high level of flushing activity which enhances the quality of water within the estuary. All water bodies are designated as a Class III water body by the Florida Department of Environmental Regulation. As noted earlier, Dania Beach lies within the jurisdiction of the South Florida Water Management District as does most of Southern Florida. The District is responsible for water conservation, flood control and drainage requirements for all developments within its jurisdiction. Additionally, the Broward County Water Resources Management Division reviews plats as they are processed through Broward County to insure that the drainage meets the immediate guidelines and requirements of the county-wide concern. This will insure that during wet periods there will be adequate drainage not to over burden the master drainage system of the county wide system and still protect public and private property. 2. Flood Plains The Flood Plains Map for Dania Beach, which is prepared pursuant to the National Flood Insurance Program, identifies areas within the City that are subject to flooding for the 100 year period. There are two types of flood zones within the City of Dania Beach these being AE; two types of X and V zones. AE zones are areas expected to flood in a 100 year storm event. These areas represent approximately 2/3 of the City of Dania Beach. The V zone is restricted to the immediate ocean front portion of Dania Beach. There are no structures within this public beach area accept for the existing Dania Pier. The Broward County Water Management Division has County wide review of permit authority as it relates to water management activities. That agency requires flood elevations to meet a 3-day, 100 year design storm criteria. That agency also requires all road crown elevations to meet 1-day storm, 10 year event design criteria for local roads. The City of Dania Beach has managed flooding in a successful manner through development and maintenance of the existing network of canals and water bodies designed to handle drainage within the City. Dania Beach participates in the National Flood Insurance Program of the U.S. Department of Housing Urban Development. Also, Dania Beach's emergency preparedness plan establishes a procedure for evacuation and rescue in the event of an emergency such as a hurricane. Also, it is required that all new development meet the guidelines of the National Flood Insurance Program to insure that both they are able to gain insurance for the residents of the development plus protect property from potential hazardous flooding conditions. 4 3. Ground Water The sub-surface strata below the City can be grouped into three general categories (1) Biscayne Aquifer, (2) The Floridian Aquiclude, and (3) The Floridian Aquifer. The Biscayne Aquifer is the unit closest to the surface and is composed Primarily of Pahnico Sands, Miami Oolite, Anastasia Formation and Fort Thompson Formation. The Floridian Aquiclude primarily consists of impermeable strata which prohibits the intermingling of water between the Biscayne Aquifer and the Floridian Aquifer which is beneath the aquiclude. The upper zone of the Floridian Aquifer extends about 900 ft. to 1,900 ft. below sea level and consists of a series of limestone strata including Tampa (Miocene), Suwanne (Oligocene), Ocala (Eocene), Avon Park and Lake City Limestones. The lower zone of the Floridian Aquifer extends for 1,900 ft. to what is known as the 'Boulder Zone". The Biscayne Aquifer is one of the most productive water producing aquifers in the world. It has been designated the only reliable source of drinking water for all of Broward County and since 1979 has been designated as the sole source of drinking water by the U.S. Environmental Protection Agency. Despite its high productivity and continuous ability to supply water for drinking, growth in the water use areas has placed the aquifer under stress in recent years. The aquifers are highly permeably and recharge depends on local rainfall and water released from Lake Okeechobee through the network of canals. When water demands are increased so is the threat from saltwater intrusion from the Atlantic Ocean during drought conditions. Dania Beach is impacted by salt water intrusion. Broward County has embarked upon a program to develop future wellfield sites to ensure an adequate supply of quality drinking water for the current and future residents of Broward County. A study has been completed and is now in the implementation phase. The County Commission has authorized development of well sites throughout the County. B. Flora and Fauna As noted earlier, the City of Dania Beach has an extremely flat topography with very little native flora occurring within the community. If mangroves are involved the SFWMD, the Florida Department of Environmental Protection as well as the United States Army Corps of Engineers would have review responsibilities for this type of plant community. Also, as part of the site design native plants are encouraged to the greatest extent possible to help develop a canopy as the City grows and matures. Table I will provide a generalized list of the flora and fauna which generally occurs within Dania Beach. Table II will provide a generalized list of the wildlife; however, there are no endangered animals or plants within the community. 5 C. Wetland Communities The remaining wetland communities within the City of Dania Beach consist of mangrove communities in the eastern fringes of the City. While many of these mangrove areas are highly stressed they are still protected through the permitting process of the Florida Department of Environmental Protection and the United States Army Corps of Engineers. In addition, the Broward County Department of Planning and Environmental Protection issues dredge and fill permits for wetland communities within Broward County. Since 1989, the Dania Saltmarsh has been acquired by the public. This represents the majority of the vacant land east of Southeast Fifth Avenue between Sheridan Street and Dania Beach Boulevard. The area consists of approximately 130 acres. This is an area that was previously designated for residential utilization at a maximum density of one (1) unit per acre. D. Air Quality Due to the prevailing breezes occurring in southeastern Florida, the air quality is generally good for the Delia Beach area. The major impact to the community would be ozone emission from automobiles as very little industry is presently occurring within the community. While the Comprehensive Plan provides for expansion of industrial opportunities for the community, these will be light industrial/office park type developments which will have minimal impacts on the air quality. Additionally, the Department of Planning and Environmental Protection, which is an agency of Broward County government, is responsible to insure to the United States Environmental Protection Agency that air quality g Y 9 tY standards are maintained. Broward County has received certification from the E.P.A. that the air quality is at an adequate standard for the residents of the community. E. Lakes and Mine All of the lakes occurring within the City are man made and have been developed for providing fill for development or for providing commercially valuable minerals. Adequate areas have been reserved and secured to provide for provision of sand and rock material for the future growth and development of the City. F. Soil Erosion At the present time the City of Dania Beach is not experiencing any soil erosion problems. However, an office of the United States Soil Conservation Service is located in the Town of Davie, Florida which is approximately 5 miles from City Hall. Whenever soil erosion problems occur or a situation arises which may indicate that soil erosion could potentially occur, the Soil Conservation Service office is contacted to provide proper planning to minimize any negative impact. 6 Also, the City in its review of site plans particularly for new lake excavations insures that all sites are properly sloped and vegetated as soon as possible after construction. This applies to the slopes of all lakes both residential and non- residential developments. G. Fisheries,Wildlife, Marine Habitat, and Vegetated Communities The existing mangrove communities East of S. E. 5th Avenue and East of the airport do contain wildlife habitat. Through proper site planning controls and mitigation of any impacts to wetlands areas these habitats can be enhanced and provide for a more suitable habitat for the propagation of a greater variety of flora and fauna. Manatees are generally found in the New River Sound estuary and to a limited extent along Dania Cut-off Canal. The principal threats to manatees are encounters with boats or other marine navigational activities as they have no natural predators. Manatees are protected under the Endangered Species Act and the Marine Mammal Protection Act but because of these impacts by navigational uses a general decrease in the population is expected. The authority of posting of navigational aids which will help prevent accidents with manatees is administered by the Florida Marine Patrol. It is felt that through the existing controls that the wildlife habitats can be enhanced and protected through mitigation and site design practices. H. Pollution Problems There are no known pollution problems affecting existing natural resources within the City of Dania Beach. Hazardous waste are controlled through the Broward Department of Planning and Environmental Protection adopted hazardous material regulations and storage tank regulations. These regulations are applicable County wide and they are also designed to help safeguard the overall Broward County water supply. Urban storm runoff is regulated by the criteria of the South Florida Water Management District, Broward County Water Resources Management Division and the City of Dania Beach before discharge into the major drainage conveyances serving the City. The existing habitats outlined will be protected from any discharges by these sources. The South Florida Water Management District also encourages the discharge of storm water runoff through mangrove systems as a form of cleansing the runoff prior to discharge into the drainage system. While this is an approved program of the Water Management District to date no developments have incorporated this type of water management plan into any existing activities. 7 I. Current and Projected Water Needs Water Conservation As noted in the Potable Water Element, there exists adequate capacity of both present and projected water needs for the build-out of the community. These projections incorporate the anticipated land uses within the City_ ing-he n.l....a..:..1 e%pansien. in addition, the City endRr-ses dhe -Arey"aa.] C....nty Ravi Al.+er De..:,.n..l C.,..ae... ...l.:el. enal.. Leing implemerAed and this :,:11 quality and quawity of this resoufee. The City of Dania Beach also complies and endorses all programs of the South Florida Water Management District as it regards Water Conservation and Protection. Additionally, the City endorses and complies with the Broward County Wellfield Protection Ordinance which further ensures continuance of the existing quality of water. The current and projected water needs and sources for the ten-year period based upon residential, commercial, industrial, and other uses is outlined below. The bfe..l de..,n of al.,. .. ..:,1..«a:..l/«......,...:.7„«a:..l and Athka.. . vxaq ..l.ae:ne.l ..a:l:..:n0 the Study of Water Suppl.. and 4w ..ele..a:..n of Futu fe Weli field C:ae.. A\7CDAGE, D.411 V 1774 TEA PPP 4ANP (1,000,000 gallons pef day) City of Dania Beaelh 1 QQ4 2010 Presidential * in1 odleF43ses 4e&w 4495 44 -.6 -.4 2-..8 2000 4-:8 -.6 -.4 278 2995 4-9 -.63 4-7 3:0 2 W 2-.24 -.74 32 33 City Service Area County Service Area Year Population Ave Flow Max Flow Population Ave Flow Max Flow MGD MGD MGD MGD 2008 16317 2.4 2.9 15247 3.8 5.0 2010 16568 2.4 2.9 15712 3.9 5.1 2015 20054 2.8 3.4 16992 4.4 5.8 2020 22869 3.2 3.9 18173 4.7 6.2 2025 24192 3.4 4.1 18959 5.0 6.6 2028 1 24601 3.6 4.3 19403 5.2 6.9 Based upon the existing capacity of the City of Dania Beach treatment facility the City will be able to supply all needs for the next ten years. 8 The City of Dania Beach approved a formal water conservation program in October of 2005 along with a revision to its water use ordinance. This ordinance adopts the Districts criteria for restrictions, that note that a Water shortage "means a period of time specified by the district when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought." The ordinance also specifies that a Water shortage emergency "means that situation determined by the district when the powers which can be exercised under part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses." The ordinance also adopts by reference the District's Water shortage plan "that the District will utilize in declaring a water shortage, describing the procedures for declaring and implementing a water shortage emergency and establishing water use restrictions, describing enforcement procedures, and establishing specific water use restrictions and a classification system." The declaration of a water shortage or water shortage emergency within all or any part of Dania Beach by the governing board or the executive director of the district shall operate to invoke the provisions of this article. Upon such declaration. all water use restrictions or other measures adopted by the district applicable to Dania Beach, or any portion thereof, shall be subiect to enforcement action pursuant to this article. The City's law enforcement personnel will enforce the ordinance. Penalties are as follows: (1) First violation: Twenty-five dollars ($25.00). ((2) Second and subsequent violations: Fine not to exceed five hundred dollars ($500.00), or imprisonment in the county iail not to exceed sixty (60) days, or both. Beyond water restrictions, a typical water conservation program is composed of the following elements: develop/maintain an accurate database of water consumption to reduce municipal water waste; a retrofit program; the modification of relevant Citv Codes plumbing, irrigation, landscaping, the promotion of xeriscaping: and public information and education programs. The City implements these measures in the following manner: 1. Develop/maintain an accurate database of water consumption to reduce municipal water waste — all services in the City are metered, including all irrigation services The City also recalibrates large meters every two years and plant meters annually. The City changes out a number of older meters each depending on the age=prior change-outs were not recorded). 9 2. A retrofit program—is not pursued in the City at this time since unaccounted-for water is below 15%. However, remodeling of buildings requires that new fixtures meet the Florida Building Code— Plumbing requirements which require low flow fixtures. Therefore, while the City does not have an active retrofit program (or the funds and personnel to implement same), the building code is accomplishing this pumose. 3. As noted above, the Florida Building Code addresses the plumbing aspects requiring low flow plumbing fixtures. As the majority of homeowners in Dania Beach use wells for irrigation, not potable water the benefits to the utility from a water savings potential from xeriscaping, rain sensors and landscaping is minimal and the City has limited capability to impose restrictions on well use. A water conservation policy is in the process of being developed at this time for landscaping and the promotion of xeriscaping. The policies may help with these issues. 4. Public information and education programs—the City has District brochures on water conservation and xeriscaping available for the public (on display). 5. Water conservation rate structure — The City has long had in place, a water conservation rate structure that penalized residents using in excess of 10,000 gallons per month. The typical single family use in Dania Beach is less than 8,000 gallon per month, or 267 gpd!RU. In addition the City has looked at two other issues associated with water conservation — reclaimed water and ASR. Both were rejected as discussed in the following paragraphs. Effluent reuse is of substantial benefit to the area for a number of reasons, the most important of which is the reduction of competing water withdrawals from the surficial aquifer system by the application of the reclaimed water. The drainage system has lowered the water table, causing saltwater intrusion to occur. Carefully designed applications of effluent to critical areas of the surficial aquifer could protect and maintain freshwater sources. However, the City must rely on the City of Hollywood for reclaimed water, as the City has no treatment plant of its own. To date, the City of Hollywood has not had facilities or water quantity to extend reclaimed water to the City of Dania Beach. This situation could change if the City of Hollywood extends reclaimed water to Port Everglades. ASR Wells are a water supply management option some utilities have pursued in south Florida. Unfortunately there is only one successfully operated ASR well in Southeast Florida — Boynton Beach. The water required to supply and ASR well would be a minimum of 1-2 MGD, which is a sizeable portion of the City's demands. Investment in additional water treatment plant capacity and a well for this purpose does not seem reasonable. 10 III.REQUIREMENTS FOR CONSERVATION GOALS, OBJECTIVES AND POLICIES The goal of the conservation element is to establish a long term program for the development of conservation programs and activities that will protect and ensure the highest environmental quality possible for the City of Dania Beach. Objective I Maintain or improve present air quality within the City. Policy 1.1 Continue to cooperate with the State and Federal Government in monitoring the existing air pollution standards within the community. Policy 1.2 Promote the efficient operation of motor vehicles which is a major contributor to air pollution within the City. Policy 1.3 Ensure that all industrial uses within the community minimize the impact on air quality to the greatest extent possible. Policy 1.4 Encourage the development of heavy vegetative cover which aids in the cleansing of the air. Policy 1.5 Promote alternative transportation modes such as pedestrian walkways, bikeways, mass transit and other means of travel. Policy 1.6 Continue to coordinate with the Broward County Traffic Engineering Division to synchronize traffic signals on highways. Objective II Maintain or improve the quantity/quality of water resources. Policy 2.1 Restrict activity which could have an affect on the sole source Biscayne Aquifer which provides all drinking water for the City. Coordinate with the Broward County Department of Planning and Environmental Protection to ensure adequate protection of water resources. Where necessary restrict uses which may have an effect on water resources. Policy 2.2 Comply with emergency conservation program of SFWMD in the event a drought 11 affects the amount of available potable water. Policy 2.3 Comply with the Broward County Wellfield Protection Program Objective III Continue to maintain present mineral areas. Policy 3.1 Ensure land has been set aside for the excavation of required materials for development within the area. Policy 3.2 Ensure the development and protection of these mining areas does not preclude the future development of an attractive plan once mining operations have been completed. Policy 3.3 Ensure a proper balance of mineral extraction versus aesthetic future development. Objective IV Conserve native vegetative communities,wildlife habitats and marine habitats at their present levels. Policy 4.1 Protect unique Vegetative communities through site design and enhancement. Policy 4.2 Require all development in sensitive vegetative areas to obtain permits from FDER and the Corps of Engineers. Policy 4.3 Require the continued functioning of all natural systems within the City. Policy 4.4 Utilize natural reservations as a means of protecting natural resources. Policy 4.5 The City shall require that wetlands be preserved within any new development or mitigated in accordance with the Broward County Department of Planning and Environmental regulations by coordinating with the Broward County Department of Planning and Environmental Protection during review of proposed site plans for new development involving potential impacts to existing natural resource areas. Policy 4.6 The City shall continue to require the identification of potential impacts on flora, 12 fauna, air quality and water quality and quantity with all applications for new development which may potentially impact existing natural resources identified within this Comprehensive Plan. Policy 4.7 The City shall review and revise land development regulations by August 2000 to protect and conserve the natural functions of existing soils, wildlife habitats, canals, lakes rivers and marine habitats during the review of applications for new development and/or redevelopment to address the following: a. Site plan for new development identify the location and extent of wetlands located on the property; b. Site plans provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development; c. Where alteration of wetlands is necessary in order to allow reasonable use of property, either the restoration of disturbed wetlands will be provided or additional wetlands will be created to mitigate any wetlands destruction; d. Proposed developments comply with Broward County's Wellfield Protection Program; e. All endangered and threatened plant and animal populations are protected; f. All habitats of significant value to existing populations of endangered and threatened species are preserved:, g. All nuisance vegetation (i.e. Brazilian Pepper, Australian Pine, and Melaleuca) is removed by the developer at the time of development or redevelopment of a site; h. All native woody vegetation of a significant size is preserved or replaced. Policy 4.8 Encourage the provision and maintenance of a buffer zone of native upland (i.e. transitional) vegetation and littoral zones in and around wetland and retention areas which are constructed or preserved on new development sites. Policy 4.9 Development orders and permits for development and redevelopment activities shall be issued only if the conservation of wildlife and natural systems is ensured consistent with goals,objectives, and policies of this Comprehensive Plan. Policy 4.10 13 The City shall coordinate review of proposed wetlands mitigation activities with the Broward County Department of Planning and Environmental Protection to ensure that Broward County's "Wetlands Benefit Index" is utilized as one basis for determining the scope of need mitigation. Policy 4.11 The City of Dania Beach shall distribute land uses in a manner that avoids or minimizes, to the greatest degree possible, the effect and impact on wetlands. Those future land uses identified in the table provided below as being incompatible with the protection and conservation of wetland functions shill be directed away from wetland, or when incompatible land uses are allowed to occur, shall be mitigated or enhanced, or both, to compensate for loss of wetlands functions. CONSERVATION ELEMENT Compatibility of Future Land Uses Relative to Wetland Class WETLAND CLASS FUTURE LAND USE COMPATIBILITY Wetlands wither Wetlands Benefit Index All future uses identified on the Future (WBI) value greater than or equal to 0.80 Land Use Element Map Series, except for Conservation, are incompatible Wetlands with a WBI value less than 0.80. All future land uses are compatible, provided that the wetland impact compensation requirements of Chapter 27, Article XI, Broward County Code of Ordinances are satisfied. SOURCE: Broward County Department of Natural Resource Protection (Nov. 1996); and Broward County Code of Ordinances, Chapter 27 Article XI., Aquatic and Wetland Resource Protection. Objective V Continue to coordinate with adjacent local governments and regional interests to protect natural resources. Policy 5.1 Continue to promote a coordination system with the adjacent local governments and the Regional Planning Council. Policy 5.2 Continue to participate in the Broward County Technical Advisory Committee. Policy 5.3 Continue to coordinate with the Broward County Department of Planning and Environmental Protection, Florida Department of Natural Resources, Broward 14 County and Port Everglades to protect endangered species particularly the West Indian Manatee. Policy 5.4 All Local Areas of Particular Concern and Urban Wilderness Areas shall be consistent with the County's environmentally sensitive land status. Policy 5.5 Hazardous waste shall be managed and disposed in accordance with the Broward County Department of Planning and Environmental Protection rules and standards. Objective VI Waters that flow into estuarine or ocean waters shall continue to receive pre- treatment. Policy 6.1 Continue to adhere to the standards of the Broward County Water Resources Management Division and South Florida Water Management Division as it regards drainage. Policy 6.2 All discharge into these waters will receive pre-treatment. Objective VII Explore additional fresh raw water supplies Polices Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach. Policy 7.2 Participate with the County of efforts to recharge the County wellfield on a utilization basis. This may include additional wells, storm water recharge or reuse recharge. 15 TABLE DATA REQUIREMENTS Vegetation Associations Common Name Scientific Name Australian Pine Casurina equisetifolia Laurel Oak Quercus laurifolia Brazilian Pepper Schinus terebinthifolius Sabal Palm Saba] palmetto Guava Psidium guajava Willow Salix caroliniana Trema Trema micrantha Elderberry S i bucus simpsonii Wild Coffee Psychotria nervosa Groundsel Tree Baccaris glomerulifera Mangrove Pepper Vine Ampelopsis arborea Wild Grape Vitus rotundifolia Corky-stemmed Passion Vine Pissiforia suberosa Possum-Grape Cissus Sicyoides Spanish Needle Bidens alba Wild Poinsettia Poinettia cyathophora Spurge Chamesyce hyssopifolia Bacopa Bacopa rotundifolia Primrose Willow Ludwigia sp. Knot Weed Polygonum sp. Boston Fern Nephrolepis exaltata Marsh Fern Thelypteris palustris Royal Fern Osrmunda regalis Whisk Fern Psilotum nudum 16 TABLE II DATA REQUIREMENTS Wildlife Scientific Name Common Name Residency* Birds Agelaius phoeniceus Red Wing Blackbird P Bubulcus ibis Cattle Egret P Cardinalis cardinalis Cardinal P Chardrius vociferus Killdeer S Chordeiles minor Common Nighthawk S Columba livia Rock Dove P Columbina passerine Ground Dove P Cyanocitta cristata Blue Jay P Dendrocica coronata Yellow-rumped Warbler S Dendroica palmarum Palm Warbler S Dendroica striata Black Poll Warbler S Dolichonyx oryzivorus Bobolink S Falco sparverius American Kestrel S Geothlypis trichas Yellowthroat P FErundo rustica Barnswallow P Lams delawarensis Ring Billed Gull S Melanerpes carolinus Red-Bellied Woodpecker P rvfiunus polyglottos Mockingbird P Progne subis Purple Martin S Quiscalus major Boat-Tailed Grackle P Quiscalus quiscula Common Grackle P Turdus migatorius American Robin S Tyto alba Barn Owl S Zenaida marcroura Mourning Dove P 17 Mammals Didelphis marsupilais Opposum P Mus musculus House Mouse P Trichechus manatus West Indian Manatee S Reptiles Anolis carolinensis Carolina Anole P Anolis sagrei Key West Anole P Diadophis punctatus punctatus Southern Ringneck Snake P Eumeces fasciatus Five-Line Skunk Sphaerodactylus notatus Reef Gecko Amphibians Bufo marinas Giant Toad P Eleutherodactylus ricordi Greenouse Frog *P =Penttanent S = Seasonal No plants or animals on this list are on the list of Rare and Endangered Species in any category. 18 INTERGOVERNMENTAL COORDINATION ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN 9J-5.015 TABLE OF CONTENTS I. INTRODUCTION 1 II. DATA REQUIREMENTS 1 A. Overview 1 B. Existing Conditions 2 III. ANALYSIS REQUIREMENTS 8 A. Existing Coordination Mechanisms—Effectiveness 8 B. Opportunities for Improvement 13 C. Area of Concern/Regional Policy Plan 15 IV. REQUIREMENTS FOR INTERGOVERNMENTAL 15 GOALS, OBJECTIVES, AND POLICIES TABLES I. Coordination Relationship 18 I. INTRODUCTION The intergovernmental coordination element of the Comprehensive Plan serves an important role to insure all aspects of the proposed comprehensive plan are consistent with the policies and programs of affected agencies and governing bodies. This element sets guidelines and implementation standards to insure and foster the spirit of cooperation among all parties affected by the actions of the City of Dania Beach and by which Dania Beach might be affected. In this way future growth and development of the community will be beneficial not only to the residents of Dania Beach, but also to the adjacent cities and other residents of Broward County as a whole. II. DATA REQUIREMENTS A. Overview The intergovernmental data requirements include the area of concern for the City of Dania Beach which represents the Cities of Hollywood, Fort Lauderdale, and Unincorporated Broward. The City of Dania Beach is not adjacent to a County line so this report will only be relative to Broward County. The following governmental entities will be examined. 1. State Agencies a. Florida Department of Environmental Protection(DEP) b. Florida Department of Community Affairs (DCA) c. Florida Department of Transportation (FDOT) d. Florida Department of Professional Regulation(DPR) e. Florida Department of Health and Rehabilitative Services (HRS) f. Florida Department of State, Division of Historical Resources (DHR) 2. Regional Agencies a. South Florida Water b. South Florida Regional 3. County Agencies a. County Board of County Commissioners (BCC) b. Broward County Planning Council (BCPC) I c. Broward County Department of Natural Resource Protection d. Broward County Parks and Recreation Division e. Broward County Sheriffs Office 4. Cities a. City of Hollywood b. City of Fort Lauderdale c. Unincorporated Broward d. Town of Davie 5. Special Districts a. Florida Power and Light b. Broward County League of Cities c. Cable Systems d. Broward County School Districts e. South Broward Hospital District f. Port Everglades Authority 6. Federal Government a. United States Army Corps of Engineers b. Federal Aviation Administration B. Existing Conditions The following will provide a synopsis of the existing coordination mechanisms, the nature of the relationship and the office primarily responsible for coordination with the Agency. The attached matrix also gives a quick summary of the various relationships: 2 1. State Agencies a. Florida Department of Environmental Protection (FDEP) The Florida Department of Environmental Regulation is responsible for several areas which have a direct affect on the City of Dania Beach. DER is primarily responsible for the protection of the State as it relates to the pollution of air and water which might constitute a menace to the public health and welfare. Within this general category they are specifically responsible for the following: 1. Pollution Control 2. Electrical Power Plant Siting 3. Resource Recovery Management 4. Environmental Regulations 5. Drinking Water 6. Permitting within Wetlands 7. State owned lands, parks and recreation areas 8. Marine Fisheries 9. Beach Management 10. Coastal Construction The agency is responsible for the permitting of the various systems related to the above primary areas. Many levels of the City's administrative staff have contact with DER regarding these matters, however, they are Primarily handled by the Engineering and Growth Management Departments as many of these responsibilities relate to the permitting of the various land development systems. b. Florida Department of Community Affairs (DCA) The Florida Department of Community Affairs is responsible for most of the State's growth management initiative including the State Land Development Plan and the review and approval of local government comprehensive plans. The Department administers Florida's DRI program. The primary city office interfacing with the Florida Department of Community Affairs is the Growth Management Department for the City of Dania Beach. 3 c. Florida Department of Transportation (FDOT) Florida Department of Transportation administers the State Highway system within Dania Beach. This includes Interstate 95, 1-595, U.S. #1, Dania Beach Boulevard, Griffin Road, Old Dixie Highway and Stirling Road. d. Florida Department of Professional Regulation (DPR) The Florida Department of Professional Regulation is responsible for regulating the various professional fields of the State including attorneys, physicians, engineers, surveyors, and the like. Interaction with this office is handled by the City Manager's Office and Growth Management Department of the City of Dania Beach. e. Florida Department of Health and Rehabilitative Services (HRS) The Florida Department of Health and Rehabilitative Services is primarily responsible for the provision of social services including youth services and services for the elderly. Interaction with this agency is primarily handled through the City Manager's Office. f. Department of State,Division of Historical Resources The Growth Management Department will coordinate with this Division to ensure that historical resources are protected and new resources designated when identified. The Growth Management Department has primary responsibility for this coordination effort. 2. Regional Agencies a. South Florida Water Management District(SFWMD) The South Florida Water Management District is primarily responsible for the permitting of construction and operation of surface water management systems within its jurisdictional boundaries. The SFWMD jurisdictional boundaries include the entire City of Dania Beach and generally include everything from Lake Okeechobee to the Florida Keys. Additionally, the SFWMD has been delegated storm water quality responsibility from the Florida Department of Environmental Protection. The primary City agency which interacts with the agency is the City's Engineering Department; however, the Planning Department also has contact with this agency. b. South Florida Regional Planning council (SFRPQ The South Florida Regional Planning Council is one of eleven Regional Planning Councils in the state of Florida and it represents Broward, Dade and Monroe 4 Counties at the present time. The SFRPC role is to act on an advisory capacity to the constituent governments in regional, metropolitan, county and municipal planning matters. They are to cooperate with Federal and State agencies in planning for emergency management and to conduct studies of the resources of the region. They also participate with other governmental agencies, institutions, and private organizations in the coordination and conduct of its planning activities. They also provide technical assistance to local governments on growth management matters. Additionally, the Regional Planning Council is responsible for the review of all Developments of Regional Impacts (DRI) which are proposed within its jurisdictional area. The Regional Planning Council offices are located in the City of Hollywood, Florida within a ten minute drive of Dania Beach City Hall. The primary interaction with the City of Dania Beach is through the City's Planning Department. 3. County Agencies a. Broward County Board of County Commissioners (BCC) The Broward County Board of County Commissioners is the governing body for all Broward County. As the County is commissioned as a Charter form of government, the County Commission also has County-wide authority as it relates to land use and other environmental matters. The responsibilities of managing and operation of Port Everglades is borne by the Broward County Commission since the elimination of the Port Authority. Primary interaction with the Board of County Commissioners is the City Managers office and the City Commission. b. Broward County Planning Council(BCPC) The Broward County Planning Council was created under the Charter to administer and develop a land use plan for all of Broward County.ty Accordingly, they are an advisory body to the Broward County Commission as it relates to land use planning matters county-wide. The Planning Council also has the function of g local land use plans as being in conformance of the Broward Land Use Plan. This is in addition to its responsibilities for maintaining and updating the Broward County Land Use Plan and Trafficways Plan. Primary interaction with the Broward County Planning Council is the City's Growth Management Department. c. Broward County Department of Natural Resource Protection (DNRP) The Broward County Department of Natural Resource Protection administers environmental programs for the County Commission which include erosion control prevention; permitting for wastewater treatment plants and for utilization of those facilities; noise and air quality control programs and other environmental 5 matters. The primary office interacting with this agency is the Growth Management Department of the City of Dania Beach. d. Broward County Parks and Recreational Division This agency of County government is responsible for acquisition, planning, programming, development, and operation of regional parks throughout Broward County. The primary interacting agency is the City of Dania Beach's Growth Management Department and City Manager. e. Broward County Sheriffs Office The Broward County Sheriffs Office contracts police service for the City. That office also operates the Broward County Jail, and provides special services such as bomb squad, swat team and other specialized services. This agency also provides security for the Fort Lauderdale/Holl1wood International Airport. 4. Cities a. City of Fort Lauderdale The City of Fort Lauderdale serves as one of the City's north borders. The City Manager and Growth Management Department coordinate with Fort Lauderdale. b. City of Hollywood The City of Hollywood is the jurisdiction immediately west and south of the City of Dania Beach. The City has a formal agreement with the City of Hollywood for the handling of all waste water from the community. The City Manager s and Growth Management Departments are the primary interactive agencies with the City of Hollywood. c. Unincorporated Broward A large portion of the northern and western boundary of Dania Beach lies within the Unincorporated area of Broward County. When issues arise related to planning matters close coordination is kept with the Broward County of Planning and the Broward County Administration to insure to the greatest extent possible the compatibility of these uses with those occurring with the City of Dania Beach. The City manager's office and the Growth Management Departments are the primary liaisons with the unincorporated Broward County area. 5. Special Districts a. Florida Power& Light Florida Power& Light provides electric service to the entire City of Dania Beach. The primary department interacting with FP&L is the City Manager's office. 6 b. Broward County Leagu e of Cities This group serves as a lobbying group for all cities within Broward County on matters of mutual interest. The City Commission is the primary group interacting with the League of Cities. c. Comcast Communications Provides cable service to the City. d. Broward County School Board Broward County School Board is responsible for the development and administration of a public education program for kindergarten (K) through twelfth (12) grade. The School Board receives primary funding from ad valorem taxation and the State Legislature. The School Board is responsible for the planning and development of educational facilities as deemed appropriate and required based upon the growth occurring within the County. The City of Dania Beach Growth Management Department is primarily responsible for interaction with the School Board. This is to insure that the proper level of service is provided for the residents of the City's of Dania Beach. e. South Broward Hospital District The South Broward Hospital District is the public hospital district representing southern Broward County including the City of Dania Beach. The District is responsible for Provision of adequate public health facilities for the community. The District presently operates Memorial Hospital situated in the City of Hollywood. The City Manager's Office is the primary liaison. 6. Federal Government a. United States Army Corps of Engineers The Army Corps of Engineers is responsible for wetlands permitting within the City of Dania Beach. The primary agency responsible for interacting with the Army Corps is the City Engineer's Department and the Planning Department. b. Federal Aviation Administration (FAA) The Federal Aviation Administration participates in the operation and development of the Fort Lauderdale/Hollywood International Airport. The primary departments interacting with the FAA are the Growth Management Department and Engineering Department of the City of Dania Beach. 7 III.ANALYSIS REQUIREMENTS A. Existing Coordination Mechanisms—Effectiveness The following will describe the effectiveness of the existing coordination mechanisms which are presently in place. It will include, where applicable, any agreements, joint planning or service agreements, special legislation or working groups which are utilized to further intergovernmental coordination. 1. State Agencies a. Florida Department of Environmental Protection (DEP) The City of Dania Beach primarily interacts with the Florida Department of Environmental Protection in the permitting processes for the disciplines under their purview which were noted in the Data Requirements section. On a day to day basis, primary interaction would be as it regards to any wetland permitting that may be occurring within the City that would need the review and assistance by the DEP staff. Also, any amendments to formal agreements related to potable water, resource recovery, or other environmental regulations. Interaction with the agency continues on an as needed basis and response has been effective and satisfactory. b. Florida Department of Community Affairs (DCA) The primary interaction with the Florida Department of Community Affairs would relate to two (2) segments: 1. Development of Regional ImpactBinding Letters Developments of Regional Impact are administered by the South Florida Regional Planning Council, but the Florida Department of Community Affairs receives a copy of the DRI in accordance AA State requirements and has a formal role in the review and approval process. Also, when Binding Letters of interpretation are requested, the Florida Department of Community Affairs has the primary role for approval of the requests by petitioners. The City staff interacts with the state, regional and petitioner to ensure coordination from all parties. The coordination of these matters has been improved substantially in the last few years, largely due to the SFRPC's efforts. 2. Comprehensive Planning The obvious interaction relates to compliance with Rule 9J-5 and Florida Statute Chapter 163 with the Local Government Comprehensive Planning Act. 8 The City's Growth Management Department administers these programs and provides copies of amendments to its comprehensive plan in accordance with State law. It also adheres to all notice requirements related to same. The effectiveness of this system has coordinated in an effective fashion, considering the number of local governments in the State. Some opportunities for improvement in the comprehensive planning segment will be c. Florida Department of Professional Regulation (DPR) Interaction with this Department is primarily related to instances where there may be a problem with a particular discipline that is under the purview of the Florida Department of Professional Regulation. It is an informal coordination effort that is handled on an as-needed bases and is working effectively in this manner. d. Florida Department of Health and Rehabilitative Services This department's interaction with the City primarily relates to the licensing of nursing homes within the community. Interaction between HRS and the City of Dania Beach has worked reasonable well. e. Florida Department of Transportation (FDOT) Interaction with this department is primarily related to the improvement of state roadways within the municipal limits of the City of Dania Beach. The City coordinates with the Florida Department of Transportation as it relates to its Five Year Transportation Improvement Program. This has worked satisfactorily. 2. Regional Agencies a. South Florida Water Management District(SFWMD) The City's interaction with the Water Management District mainly relates to land development approvals within the community and more particularly the petitioner and the Water Management District. The City in concert with the South Broward Drainage District ensures that the water management plans are in conformance with City Code and will meet the test of preserving the health, safety and welfare of the residents of the community, both ex'sting and proposed. b. South Florida Regional Planning Council (SFRPC) The Regional Planning Council's primary role in the past has the coordination, review, and approval of all developments of Regional Impact within the City. The City of Dania Beach has had the following Developments of Regional Impact: 1. Houston Park Marina 9 2. Design Center of the Americas The SFRPC has provided exceptional guidance in monitoring this program. 3. County Agencies a. Broward County Office of Planning(BCOP) This agency is responsible for the review of plats for new development within the County. They also insure adequate interaction with the regional transportation system and assessment of impact fees for regional roads, regional parks and schools. Parks and school impact fees are only attributable to residential development. The interaction with the City is primarily with the Growth Management Department and the coordination has been satisfactory effective to date. b. Broward County Property Division (BCPD) This agency is responsible for reviews of vacations as it relates to streets easements or other rights-of-ways. The primary interaction is with the Growth Management Department of the City with the petitioner usually being a private ply. c. Broward County Water Resources Management Division (BCWRMD) This agency is responsible for the review of off-site plans within the City limits in concert with the South Broward Drainage District and the South Florida Water Management District. Coordination, again, is handled primarily through the City's Engineering Department. The City ensures that all future development conforms with the requirements of the Broward County Water Management Division's standards and criteria. The interaction with this office has been satisfactory to date. d. Metropolitan Planning Organization (MPO) This is a consortium of public officials for future transportation planning County- wide. The City of Dania Beach is represented on this organization's Technical Coordinating Committee (TCC). The Growth Management Department serves as the representative. The TCC is responsible for technical support and the overall MPO provides for policy recommendations and approval. This group meets on a monthly basis and coordination has been effective. e. Emergency Medical Services (EMS) The fire department is responsible for provision of EMS service city-wide. 10 f. Broward County Planning Council (BCPC) The Broward County Planning Council, as noted earlier was created by charter and is responsible for land use planning County-wide. The agency interacts primarily with the City's Growth Management Department to insure that the Certified Land Use Plan for the City of Dania Beach is m conformance with the Broward County Land Use Plan. Coordination with this agency has been effective. g. Broward County Department of Natural Resource Protection (DNRP) This agency's primary interaction is with private developments within the community and is responsible for issuance of wastewater permits for new developments. They also have responsibilities as they relate to wetland permitting on a County-wide basis. The Growth Management Department for the City of Dania Beach ensures that any projects proposed within areas within this Agency's jurisdiction are closely coordinated with that office to ensure proper protection of the natural resources. 4. Special Districts a. Broward County League of Cities The League of Cities serves as an effective lobbying group for all cities within the community. They meet on a monthly basis and coordination and communication has been very good. It is administered by an executive director whose office is located in the Broward County Governmental Center in downtown Fort Lauderdale. b. Broward County School Board (BCSB) The Broward County School Board is responsible for public schools within the community and is also responsible for provision of public education grades K-12. The City of Dania Beach has an agreement with the Broward County School Board as it relates to leasing Collins School Park, Dania Beach School Park, and Olsen School Park. These properties are held on a Forty year (40) $1 per year lease. These leases permit the City to use the recreational facilities of the School as long as arrangements are made with the school principal in advance. This allows the City to use the School's cafetorium athletic fields and other facilities particularly for their Summer programs run by the Parks and on Department The effectiveness of this agreement in coordination with the School Board has been satisfactory to date and there are no problems occurring. 11 c. South Broward Hospital District South Broward Hospital District provides public hospital facilities for the City of Dania Beach area. Coordination and interaction with the South Broward Hospital District has been extremely effective and is expected to continue. 5. Cities a. Unincorporated Broward The primary interaction with unincorporated Broward has been general planning issues and airport related issues. The TAC has served as an effective means to coordinate planning issues. b. Hollywood The City of Hollywood (201 Program) through an agreement with the City Commission provides for the treatment and disposal of all waste water for the City. The City provides a distribution system and transfers the sewage to the City of Hollywood Plaint. This interaction has worked very effectively and is expected to continue for the life of the agreement. The balance of the agencies described in the data section of the analysis has interacted on an infrequent basis. Coordination or need thereof has been minimal and there have not been any serious problems with those agencies. During the preparation of the Comprehensive Plan no specific problems or needs were identified between the individual elements. The City has been successful in coordinating the services that are needed within the community at an acceptable level of service. There are no designated Areas of Critical State Concern within the jurisdiction of the City of Dania Beach. B. Opportunities for Improvement This segment will identify specific opportunities which would benefit and improve intergovernmental coordination. It will also outline approaches for implementing these opportunities. 1. Florida Department of Community Affairs (DCA) The Department of Community Affairs is responsible for the review and approval of Comprehensive Plans and amendments thereto. There is a need for closer interaction between the Tallahassee office and the local governments. The difficulty lies in the inability of the State staff to have a good understanding of the local situation including unique geographic and sociological concerns of the local areas. The following suggests two ways to approach the problem and they are as follows: a. Establish a regional office and staff it with state personnel. This would possible create an office for each major metropolitan area thereby allowing the state staff 12 to interact more closely with all local governments. Also, the State would be able to become part of the Technical Advisory Committee, which is very active within Broward County. b. Inasmuch as the Regional Planning Councils are already established throughout the State of Florida, it may be more appropriate to assign the appropriate Regional Planning Council with the duty of serving as the State's liaison. The advantage of the Regional Planning Council staff and in Broward County's case, the South Florida Regional Planning Council staff, they are much more familiar with the planning issues and many of the sociological problems and opportunities within Broward County. This would be a logical and immediate means to improve coordination with the State. 2. South Florida Regional Planning Council The South Florida Regional Planning Council has become very active with local governments as it relates not only to Developments of Regional Impact, but also the Comprehensive Planning issue. In the past couple of years, substantial improvements have occurred in the efficiency of the Development of Regional Impact review process including the monitoring of development orders and ensuring that conditions of approval are adhered to in accordance with development orders. The Regional Planning Council has also become very involved in the Comprehensive Planning review and approval process and has made an extra effort to interact with local governments in advance of comprehensive plan development. The SFRPC is following this course to minimize the possibility of problems occurring. This should help to eliminate possible inconsistencies between the local plans and the Regional Policy Plan. It is for these reasons that the previous suggestion was offered that the Florida Department of Community Affairs assign greater responsibility to the South Regional Planning Council staff to serve as the State's liaison. The SFRPC would continue to work closely with local governments to provide advice and assistance as it relates to the Local Government Comprehensive Planning Act. The area of concern for the City of Dania Beach includes the City of Hollywood to the East and South, Unincorporated Broward to the West, and to the North both Unincorporated Broward and the City of Fort Lauderdale. The primary growth and development occurring within the area of concern occurs primarily to the North and to the West. To the North the Fort Lauderdale/Hollywood International Airport was recently expanded including the relocation of US 1 in its present configuration. This improvement has provided better access both for the citizens of the City of Dania Beach and also residents of Broward County. To the East of the Airport is Port Everglades. The Southern portion of the Port and that area immediately East of the Dania Beach City limits is the site for the new turning basin which is presently under construction. This area will house a major cargo facility which will expand job opportunities both for the City of Dania Beach and residents of Broward County. 13 To the West of Dania Beach, industrial development has been expanding with the construction of Interstate-595. Again, this area will expand the employment based activities which will be available for the residents of Dania Beach and county-wide. An examination of the growth and development posed within the area concerned does not identify any areas that need additional planning coordination beyond which is already outlined within the Comprehensive Plan in the Intergovernmental Coordination Element. Also, a comparison has been made with the South Florida Regional Policy Plan and this does not reveal areas which require additional planning coordination to properly implement the Comprehensive Plan beyond that which is already incorporated into the City of Dania Beach's Comprehensive Plan. Coordination standards are already in place which will insure the furtherance of the goals and objectives of not only the City of Dania Beach's Comprehensive Plan but that of the South Florida Regional Policy Plan. C. Area of Concern/Regional Policy Plan The area of concern for the City of Dania Beach includes the City of Hollywood to the east and south, Unincorporated Broward County and the City of Fort Lauderdale. The primary growth and development occurring within the area of concern occurs primarily to the north and to the west. To the north, the Fort Lauderdale/Hollywood International Airport continues to expand. To the east of the airport is Port Everglades. The southern portion of the port and that area immediately east of the Dania Beach City limits is the site for the new turning basin which is presently under construction. This area will house a major container cargo facility which will expand job opportunities both for the City of Dania Beach and residents of Broward County. To the west of Dania Beach, industrial development has been expanding with the construction of Interstate-595. Again, this area will expand the employment based activities which will be available for residents of Dania Beach and County-wide. An examination of the growth and development posed within the area concerned does not identify any areas that need additional planning coordination beyond which is already outlined within the Comprehensive Plan in the Intergovernmental Coordination Element. Also, a comparison has been made with the South Florida Regional Policy Plan and this does not reveal areas which require additional planning coordination to property implement the Comprehensive Plan beyond that which is already incorporated into the City of Dania Beach's Comprehensive Plan. Coordination standards area already in place which will ensure the of the goals and objectives of not only the City of Dania Beach's Comprehensive Plan, but that of the South Florida Regional Policy Plan. IV.REQUIREMENTS FOR INTERGOVERNMENTAL GOALS, OBJECTIVES AND POLICIES The goal of this element is to work to establish coordination of all of levels of government to better provide for the residents of the community. 14 Objective I Continue to coordinate the comprehensive planning activities of the City with other affected governmental agencies. Policy 1.1 Continue to coordinate with the Broward County School Board, adjacent local governments and the County. Policy 1.2 Utilize the South Florida Regional Planning Council's mediation process to resolve any conflicts which may develop between local governments. Policy 1.3 Continue to resolve annexation issues through existing procedures. Policy 1.4 Continue to coordinate to insure that all development is in conformance with the Comprehensive Plan of Dania Beach and neighboring communities. Policy 1.5 Coordinate existing resources and protection plans to protect estuaries, bays and harbors located within the jurisdiction of more than one (1) local government. Objective II Continue to coordinate with affected governmental agencies the development impacts of the Comprehensive Plan. Policy 2.1 Continue to participate on the Technical Advisory Committee which fosters coordination among governmental agencies. Policy 2.2 Notice any governmental agency of a Comprehensive Plan amendment which occurs within 300 feet of its jurisdiction. Policy 2.3 Continue to review the adjacent Comprehensive Plans when considering Comprehensive Plan amendments. Policy 2.4 Continue to coordinate Comprehensive Plan amendments through the Broward County Planning council in accordance with the Broward County Charter. Policy 2.5 Continue to coordinate management of bays, estuaries and jurisdictional areas. 15 Policy 2.6 Require all development to be consistent with the Comprehensive Plan. Objective III Continue current practices coordinating the provision of adequate levels of service as outlined as outlined in the Comprehensive Plan for public entities that have operational and maintenance responsibilities for these facilities. Policy 3.1 Continue to coordinate with the Broward County Parks and Recreation Division as it relates to County and Regional Parks within the community. Policy 3.2 Continue the coordination mechanisms with Broward County and the Florida Department of Transportation to provide level of service "D on roads designated on the Broward County Trafficways Plan. This includes the coordination with the Metropolitan Planning Organization and the Florida Department of Transportation's Five Year Transportation Improvement Program. Policy 3.3 Continue to participate on the Technical Coordinating Committee of the Broward County Metropolitan Planning Organization to ensure adequate levels of service on County trafficways. Policy 3.4 Continue to comply with the Broward County Wellfield Protection Ordinance. Policy 3.5 Continue participation with the Broward County Regional Raw Water Program. Policy 3.6 Continue to coordinate the wastewater treatment agreement with the City of Hollywood to insure proper level of service in accordance with the Comprehensive Plan. Policy 3.7 Continue to coordinate with the Federal Aviation Administration and Broward County Aviation Division regarding the present/future use of the Fort Lauderdale/Hollywood International Airport. Policy 3.8 Require that all development permitting maintain adequate levels of service of all public facilities in accordance with the Comprehensive Plan Objective IV Develop an annexation strategy for future growth and development of the City. 16 Policy 4.1 Identify sites which would reduce fragmentation of municipal boundaries. Policy 4.2 Identify sites which efficiently utilize infrastructure and capital improvements. Policy 4.3 Identify sites which would complement City's development. Obiective V Explore additional fresh raw water supplies and coordinate with the SFWMD Policy 5.1 Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach. Policv 5.2 Participate with the County of efforts to recharge the County wellfield on a utilization basis. This may include additional wells, storm water recharge or reuse recharge. Policy 5.3 Continue to coordinate with the SFWMD's Regional Water Supply Plan. 17 / .N \ 6 § 2 2 .2 ƒ ) k ( ) ? a00 / � qa k cn § / \\ ] b \ (\ t� o to/ / § \ § 3 * j .\ 3 j } } ) / / § 7 » f 4 � 7 9 7 § 00 00 00 N \ \ ] ° � u \ 2 @ � < \ / \ kn uo Q & • « w £ oocQ m = G Q A z © & k 2 t 2 z tic / c / \ to co 00\ \ / u2 u / & > I } I \ 2 \ 2 } /§ /d \ u uo uu /d uo ) \ � ] � � � $ § 0 ( ( . G wq } ±\ \ /\ ® < § 2m ( _ \ } ƒ k ƒ \ } \ /§() 2 / 0 � E 7E § ! E § q 0o E § ) 2 u CL o E / = Sww ZR2 Sw $ co \ \ _ /3 \ $ ) \ { g § 5 $ � ) t , 7 £ / _ - {§ 5 A ƒ ° - ° ) \ % 3 0k ƒ/ / / / \ cc u \ w § » ƒ / u u » S \ j \ Cl. $ ° o & 2 u u u 2 7 1% u u k � * 2 \ 3 q \ ] ) § 7 2 § COD \ k 2 k ) § / ƒƒ} \ j \ } « # { ± \ 0 3 CAPITAL IMPROVEMENTS ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN 9J-5.016 TABLE OF CONTENTS I. INTRODUCTION 1 H. DATA REQUIREMENTS 1 A. Public Facilities 1 B. Public Education and Public Health Systems 4 C. Public Health Systems 5 D. Revenue Sources 5 III. ANALYSIS REQUIREMENTS 6 A. Local Practices 6 B. Needed Improvements—Fiscal Implications 7 C. Public Education/ Health Care Infrastructures 7 D. Timing and Location 7 E. Capital Improvements Financing 7 F. Concurrency Management 8 IV. REQUIREMENTS FOR INTERGOVERNMENTAL 14 GOALS, OBJECTIVES, AND POLICIES V. CAPITAL IMPROVEMENTS IMPLEMENTATION 16 VI. MONITORING AND EVALUATION 17 TABLES I. Capital Improvement Needs 4 II. Analysis Requirements 18 I1I. Projections of Debt—Current Bond Issues 19 IV. Ad Valorem and Millage Rate 20 V. Non-Ad Valorem and Other Revenue Sources 21 VI. Projected Operating Costs 22 VII. Projected Budget Surplus/Deficit 23 I. INTRODUCTION The Capital Improvements Element for the City of Dania Beach is developed to evaluate public facilities which are identified as needed in other comprehensive plan elements. This element also estimates the cost of improvements for which the City has responsibility; analyzes the City's ability to finance and construct those improvements; adopts financial policies to guide the funding of those improvements; outlines requirements to ensure an adequate concurrency management system; and schedules the funding and construction of improvements in an manner necessary to ensure that capital improvements are provided when required based upon the needs identified in the balance of the Comprehensive Plan. Il. DATA REQUIREMENTS The data requirements segment of the capital improvements element outlines the needs as identified in the other comprehensive plan elements for public facility needs to support the future land use element of the comprehensive plan including the existing and projected needs of the traffic circulation element. The second component of the data section will address the location of major Public education and public health systems within the City of Dania Beach jurisdiction and also their respective geographic service areas. The final segment of the data requirements will address revenue sources that are presently in place and those funding mechanisms that would be available for capital improvement financing. A. Public Facilities Needs 1. Traffic Circulation As noted on the traffic circulation map, the primary roads interfacing with the City of Dania Beach are as follows: a. East/West Streets Sheridan Street Stirling Road Dania Beach Boulevard Griffin Road I-595 State Road 84 b. North/South Streets Ravenswood Road 1-95 U.S. #1 1 The above streets are county, state or federal highways and accordingly those agencies have the primary responsibility for maintaining and upgrading those highways. As noted in the Intergovernmental Coordination Element, the City of Dania Beach works closely through the Metropolitan Planning Organization (MPO) to insure proper coordination with those agencies. This participation helps to ensure the deliverance of the improvements to roadways in a time frame to insure adequacy of highways to serve the future growth and development of the community. The balance of the roads within the City of Dania Beach are of local nature and are the responsibility of the City. The Traffic Circulation Element indicates there are no local roads which exceed an acceptable level of service at the present time or anticipated to exceed an acceptable level of service within the next five (5)year period and the Year 2010. 2. Parks and Recreational The City of Dania Beach maintains a standard of 3 acres/1,000 population for local park needs coupled with the Broward County requirement of 3 acres/1,000 population for regional park needs. The City of Dania Beach far exceeds this standard for park and recreational areas throughout the community. There are no identified needs which must be addressed at the present time or for the next five (5) year period and the Year 2010. However, the following identifies improvements completed between 1989 and 1993: New Fishing Pier/Dania Beach Park $1,850,000.00 New Swimming Pool/Modello Park $103,055.00 New Baseball Field/Modello Park $45,709.00 Boat Dock/Houston Park $42,721.00 Playground Equipment $100,902.00 Hard Surface Courts Resurfacing $48,535.00 Fishing Deck/Sun Garden Isles Park $10,300.00 Total Capital Expendiure $2,201,222.00 3. Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge As noted in the element, the city of Dania Beach has made substantial improvements for these basic infrastructural needs. The limited areas of line upgrading which have been identified are planned to occur with development of those areas. The City contracted with a private company for a disposal facility in the southwestern part of Broward County. This facility is constructed and serves the solid waste needs of the community at the adopted level of service well beyond the year 2010. 2 Natural groundwater aquifer recharge does not inherently require any capital improvements per se. The wells that serve the City of Dania Beach are part of the Broward County Regional Wellfield System. Broward County is responsible for maintaining and permitting these wells. The City of Dania Beach complies with all Broward County regulations regarding wellfield protection and the uses occurring within those areas. In the event of an occurrence which damages the groundwater the causes of the problem will be determined and the financial responsibility of correcting the problem will be bome by the responsible party. The City has made improvements to the drainage system required to meet the adopted levels of service. Areas developed in the future will be required to provide adequate storm water management improvements required to meet the adopted level of service. Therefore, the City does not anticipate any capital improvements during the current planning period. Sanitary sewer service is provided through a large user agreement with the City of Hollywood. The existing contract reserves adequate plant capacity to meet the adopted level of service through the five-year planning period. The City has an ongoing infiltration/exfiltration study to identify leaks in the distribution system. This program is designed as a cost saving measure but is not required to meet the adopted level of service. Existing potable water facilities in combination with the interlocal agreements are adequate to meet the City's service area demands at the adopted of service through the current planning period. Capital improvements to the system may be identified in the next update to the five-year Capital Improvements Element. The Comprehensive Plan for the City of Dania Beach identifies certain capital improvement needs within the Sanitary Sewer, Potable Water and Drainage Elements of the Comprehensive Plan. The following table will identify capital improvements necessary to maintain the adopted levels of service; the type of facility, the anticipated cost and the timing for the improvement for each element. 3 TABLE 1 CAPITAL IMPROVEMENT NEEDS REQUIRED TO MEET ADOPTED LEVEL OF SERVICE Comp Plan Element FY 1990/00 FY 2000/01 FY 2001/02 FY 2002/03 FY 2003/04 Land Use N/A N/A N/A N/A N/A Housing N/A N/A N/A N/A N/A Traffic Circulation None None None None None Sanitary Sewer* $35,000— $35,000— $35,000— $35,000— $35,000— Infiltration/ Infiltration/ Infiltration/ Infiltration/ Infiltration/ Exfiltration Exfiltration Exfiltration Exfiltration Exfiltration Study&Repairs Study& Repairs Study&Repairs Study&Repairs Study& Repairs Solid Waste None None None None None Drainage& Water None None None None None Recharge Conservation None None None None None Potable Water None None None None None Coastal N/A N/A N/A N/A N/A Recreation None None None None None Intergovernmental N/A N/A N/A N/A N/A Coordination *This improvement is not required to meet level of service standards and is funded annually in the Public Works operating budget. Department Proiects FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Total Water Utilities Water Plant Upgrade Design Services(not SRF 520,000 520,000 Fundable Construction Services 6,500,000 0 0 0 6,500,000 SRF fundable — — Refurbish Existing Water 1,050,000 0 0 1,050,000 Treatment Plant — — Design Services(not SRF 50,000 50,000 Fundable Construction Services 0 (SRF fundable) Construction of Well "1" 0 550,000 0 550.000 Design Services(not SRF 50,000 50,000 Fundable Construction Services 50,000 50,000 SRF fundable Water Tank Removal 220,000 0 0 0 220,000 TOTAL 1,840,000 6,550,000 600,000 0 0 8,990,000 4 B. Public Education and Health Systems The following will identify the geographic service area and the location of major system components for public education and public health which are situated within the City of Dania Beach Jurisdiction. 1. Public Education Dania Beach is fortunate to have several schools situated within the jurisdictional limits of the City. The following list identifies those schools. It is important to note, however, that the School Board of Broward County is responsible for the public education system in the county including the City of Dania Beach. a. School Name Collins Elementary Dania Beach Elementary Olsen Middle School The service area for Dania Beach Elementary generally includes the area east of the FEC Railroad. Collins Elementary serves the balance of the City. Olsen Middle serves the majority of the City with some students attending Attucks Middle. South Broward and Hollywood Hills High Schools serve the City and are located within 2 miles of the City limits. C. Public Health System The primary public health system serving the City of Dania Beach is the South Broward Hospital District whose principal offices are located at Memorial Hospital in the City of Hollywood. Memorial Hospital (an eight hundred (800) bed facility) which is situated at 35th and Johnson Streets serves the majority of South Broward and provides indigent care at the present time for the City of Dania Beach. D. Revenue Sources The following will describe the various revenue sources and mechanisms which are available for capital improvement financing requirements of the City of Dania Beach. 1. Ad Valorem Taxes 2. Revenue Bonds 3. Florida State Funds a. Department of Natural Resources b. Department of Transportation c. Department of Commerce d. Department of Environmental Regulation 5 4. Federal Funds a. Department of Transportation b. Department of Interior 5. Gas Taxes a. State b. County 6. County Funds 7. Fees a. Parks and Recreational 8. Licenses and Permits 9. Interest Income 10. Sales Tax The following identifies the current revenue sources utilized by the City of Dania Beach. Revenues and Other Financing Sources 1997 % of Total ($1,000) Property Taxes 4,585 31.8% Intergovernmental 1,445 10.0% Utility Taxes 2,302 16.0% Franchise Fees 1,217 8.4% License and Permits 1,042 9.2% Fines and Forfeitures 171 1.2% Other 335 2.3 Charges for Services 3,330 23.0 14,427 100.0% It is anticipated that based upon historical data that the revenues will increase at a 4- 8%per annum rate. The balance of the Comprehensive Plan has identified no other deficiencies which need to be addressed through the Capital Improvements element of the City of Dania Beach. However, the Intergovernmental Coordination element does identify in several areas the responsibilities of the Broward County School Board and Broward County government. The Broward County School Board as it relates to schools. Broward County government particularly as it relates to road improvements which need to be monitored and maintained at an appropriate level of service. The State of Florida and the United States government also have responsibilities as it regards roadways impacting the City of Dania Beach. 6 IILANALYSIS REQUIREMENTS A. Local Practices The City of Dania Beach which guides the time and location for capital improvements which are required by growth and development within the community. The following will outline the current local practices: 1. Growth trends and demands for services are determined by each department with input from the Growth Management Department. 2. Departments submit recommendations for capital improvements 3. City Manager/Finance Director consider impacts related to supplemental funding and responsibilities outside the City's purview such as state funding, federal funding and their related and mandates and requirements 4. City Manager makes recommendation to City Commission for enactment and budgeting per the City Charter. B. Needed Improvements—Fiscal Implications C. Public Education/Health Care Infrastructure All the pubic education and health care infrastructure requirements for any facilities that have been identified in this element have already provided. D. Timing and Location The entire premise of the City of Dania Beach Comprehensive Plan has been and continues to be the provision of public facilities to support efficient land development is estimated to increase on a 5-10% per annum bases due to the expansion of the tax base with new non-residential construction within the community. The millage rate which is based upon a 100% assessment is only predicted to increase at a 1% per annum rate because of the expansion of the present tax base. Table V identifies the property tax revenues projected through 2004. Table V outlines ad-valorem tax and other revenue source projections through 2004. Table VI projects operating costs of the City. It is based upon a generalized average of the individual revenues projected forward and based upon historic trends. The City of Dania Beach maintains a very low debt/service ratio in comparison with total expenditures. At the present time the City does not plan to increase this ratio measurably in the foreseeable future. However, there is adequate capacity for a general increase in this ratio if deemed appropriate by the City. 7 E. Capital Improvement Financing The Capital Improvements Element is based upon the anticipated population and projected revenues to occur for the City of Dania Beach. As noted in the Capital Improvements Element and throughout the Comprehensive Plan, the City is experiencing a substantial increase in the development of non-residential properties which are reflective of a higher tax base and lower service demands thereby providing increased projected revenues for the City of Dania Beach. A continuation of this development profile will enable the City to adequately address the capital improvements identified in the Comprehensive Plan to further provide a projection of revenues and obligations which demonstrate the City's ability to ad the present and immediate future capital improvement needs for the City of Dania Beach. 1. A five-year forecast of revenue and expenditure has been included as Table II. The revenues are based on a 4-8% per annum increase and the expenditures are based upon a 2-6% per annum increase. Several new major ad valorem property tax sources have been added to the tax base which will assist the City in controlling the relationship of revenues and expenditures to a greater extent in the future. The following lists some of these major sources of ad valorem tax: 1) Airview Hilton 2) Dania Jai-Alai 3) Design Center of the America's 4) Design Center of the America's II 5) Bass Pro Shops 2. Table III identifies the debt service obligations for current outstanding bond issues. 3. Table IV identifies ad valorem and millage rate projections for the next five years. The tax base is estimated to increase on a 5 - 10% per annum basis due to the expansion of the tax base with new non-residential construction within the community. The millage rate which is based upon a 100% assessment is only predicted to increase at a 1% per annum rate because of the expansion of the present tax base. 4. Table V outlines non-ad valorem tax and other revenue source projections through 1994. 5. Table VI projects operating costs of the City. It is based upon a generalized average of the individual revenues projected forward and based upon historic trends. 8 6. The City of Dania Beach maintains a very low debt/service ratio in comparison with total expenditures. At the present time,the City does not plan to increase this ratio measurably in the foreseeable future. However, there is adequate capacity for a general increase in this ratio if deemed appropriate by the City. F. Concurrency Management System 1. Development subject to adequacy determination For plats, replats, site plans, or building permits where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development or previously vacant land except that specified below, shall be subject to adequacy determination unless a final development order has been approved prior to November 1, 1989 and construction has commenced and is continuing in good faith. For plats, replats, site plans, or building permits in Dania Beach where the property is unplatted or was platted, with plat approval received before March 20, 1979, all development of previously improved lands shall be subject to an adequacy determination for the additional capacity that equals the difference between the capacity generated or consumed by the existing development. Existing development shall be construed to include previous development demolished no earlier than eighteen (18) months previous to the date the application is made may be credited against the current application for capacity to be generated or consumed. For a replat, an amendment to a note on a plat, or at to place a note on a plat, where property was platted after March 20, 1979, an adequacy determination shall be required for those additional capacities that equal the difference between the previous plat and the re plat; or the previous note and th e P P P proposed amendment to the note; or the development approved by the county commission at the time of plat approval and the proposed note to be placed on the plat. 2. Measurement of Capacities Water and wastewater. Measurement of water and wastewater facilities will be based on design capacities and service flaws. Usage and discharge will be based on adopted level of service standards. These levels may be amended after consideration and substantiation of engineering studies and/or amendment to the Dania Beach Comprehensive Plan. Roadways. The procedure for the initial measuring of highway capacities is the Florida Department of Transportation Table of Generalized Daily Level- of-Service Maximum Volumes made available to local government for use from January 1989 through December 1990. Future capacities standards will 9 be issued by FDOT as necessary. The measurement of capacity may also be determined by substantiation in the form of engineering studies or other data Traffic analysis techniques must be technically sound and justifiable as determined by the Broward County Office of Planning and City Engineer. Alterations to capacity on the State Highway Network shall require the opportunity for FDOT review. Measurement of county and state toads shall be in accordance with the development review requirements (Section 5-182) of the Broward County Land Development Code. Any developments that are determined to be within or create a compact deferral area shall be reviewed in conjunction with Broward County Office of Planning and any other affected agencies to determine if an action plan can resolve the capacity deficiencies. Drainaee. Measurement of drainage facilities will be based on the water management basin design standards. Variations may exist for specific parcels, but the overall effect of an area's drainage system must meet established water management practices criteria. Solid Waste. Measurement of solid waste shall be based on assumed generation rates and the design capacity of the landfill. Recreation. Measurement shall be based on net acreage of land that qualifies as fulfilling the public recreation lands requirements of this chapter of the Dania Code of Ordinance. 3. Maintaining Level of Service Standards No development activity may be approved unless it meets the following requirements designed to ensure that certain public services are available at prescribed levels of service concurrent with the impacts of the development. Notwithstanding the foregoing, the adopted levels of service may be degraded during construction of new facilities in a specific area if upon completion of the new facilities the adopted levels of service will be met. Available capacity of a facility shall be determined by: Adding together: a) The total design capacity of existing facilities operating at the required level of service; and b) The total design capacity of new facilities that will come available concurrent with the impact of the development The capacity of new facilities may be counted only if one or more of the following is shown at the time a development permit is issued;. i. The necessary facilities are in place or the development order or permit is issued subject to the condition that the necessary facilities 10 will be in place and available to serve the new development at the time of the issuance of a certificate of occupancy. ii. Construction of the new facilities is under way at the time of application. iii. The new facilities are the subject of a binding executed contract for the construction of the facilities to be constructed within a period of time as stipulated in the contract or the provision of services at the time the development permit is issued. iv. The new facilities have been included in the city/county capital improvement program annual budget. v. The new facilities are guaranteed in an enforceable development agreement to be in place and available to serve the new development at the time of the issuance of a certificate of occupancy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order pursuant to Chapter 380, Florida Statutes. Such facilities must be consistent with the capital improvements element of the city/county comprehensive plan and approved by the city/county engineer. vi. The developer has contributed funds to the city/county necessary to provide new facilities consistent with the capital improvements element of the city/county comprehensive plan. Commitment that the facilities will be built must be evidenced by an appropriate budget amendment and appropriation by the city/county or other government entity. Subtracting from that number the sign of: a) The design demand for the service created by existing development; and b) The new design demand for the service (by phase or otherwise) that will be created concurrent with the impacts of the proposed development by the anticipated completion of other presently approved developments. 4. Burden of showing compliance on developer. The burden of showing compliance with these levels of service requirements shall be upon the developer. In order to be approvable, applications for development approval shall provide sufficient and verifiable information showing compliance with these standards. The growth management department shall supply concur ency management forms to be completed by the developer. 11 5. Concurrency Monitoring System The growth management director shall be responsible for monitoring development activity to ensure the development is consistent with the City of Dania Beach Comprehensive Plan. A concurrency monitoring system is instituted to verify that public facilities and services will be available at adopted levels of service concurrent with the impacts of the development on those prescribed facilities or service standards. Applications shall be submitted for all development permits to the growth management department in accordance with regularly scheduled meetings of the planning and zoning board and city commission. The growth management department shall act as the monitoring entity of the city's comprehensive plan. At the time of plat or site plan approval, whichever occurs first, the developer shall provide the required information of their project to the appropriate city department for review and verification. All concurrency monitoring forms shall be forward to and collated by the growth management department for determination of comprehensive plan compliance. Development permits shall be processed to the furthest degree possible. If adequacy determinations of a project show unacceptable levels of service in any one of the necessary public facility or service standards, approval shall be withheld until capacity is available. If the adequacy determinations of a project show unacceptable levels of service for transportation facilities, the development shall be approved for transportation concurrency if one of the following findings is made: a) The proposed development does not place any trips on the over capacity roadway link. b) There is an approved action plan to accommodate the traffic-impact of the development. c) The subject area has been determined to be a special transportation area(STA) relating to roadway concurrency issues d) The proposed development is found to have vested rights with regard to any affected roadway segments or infrastructure capacity reservations. e) The proposed development is one single-family or duplex dwellings on a lot, or parcel of record prior to March 1, 1989 and the lot or parcel is in an infill area. 12 f) The proposed development is a government facility which the Dania City Commission finds is essential to the health or safety of persons residing in or using previously approved or existing development. g) Trips are transferred from a previously approved development. h) The necessary improvements to provide the applicable level of service are under construction at the time the permit is issued. i) The necessary improvements to provide the applicable level of service are the subject of an executed contract with a road contractor for the immediate construction of the facilities. j) The necessary improvements to provide the applicable level of service has been included in the first two (2) years of the adopted state or county five (5) year schedule of transportation improvements and the City makes a determination that a binding contract for the implementation of said improvements will be executed no later than the final day of the second fiscal year of the original schedule. k) The necessary improvements to provide the applicable level of service have been included in the first two (2) years of the City of Dania Beach Capital Improvement Plan. 1) The necessary improvements for the applicable LOS are provided for in an enforceable development agreement and will be available prior to certificates of occupancy for those facilities. An enforceable development agreement may include, but is not limited to development agreements pursuant to Section 163.3220, Florida Statutes. m) The development permit will be issued in accordance with, and as authorized by an approved DRI development order which development order was either issued prior to the adoption of the 1989 City of Dania Beach Comprehensive Plan or was issued after being reviewed for concurrency. n) The development permit will be issued in accordance with, and as authorized by an approved Florida Quality Development development order which or was issued after_being reviewed for concurrency. o) The proposed development is one single family dwelling or duplex on a of or parcel of record prior to May 30, 1990; provided that the traffic generated by the proposed development on the over-capacity link does not exceed one-tenth of one percent of the over-capacity link at its assigned LOS. The cumulative impact of such exemptions shall not exceed one-percent of the capacity of any over-capacity link during 13 one calendar year or a cumulative total cap of three percent of the capacity of any over-capacity link. p) The proposed development meets the DeMinimus standards. q) The proposed development is within an area designed on the Broward County Land Use Plan for urban infill, urban redevelopment, or downtown revitalization. Proposed developments within such designated areas, except for areas designated prior to December 1, 1994, shall be subject to the provisions or Section 5-182(u) of this article. 6. Intergovernmental Coordination. The growth management department shall coordinate concurrency activities within and outside the city. The growth management department, public works department, fire department and sheriffs office shall act as liaisons depending on the specific level of service standards with the South Florida Regional Planning Council, Broward County and/or any other municipality or governmental entity to review technical issues of development approval. (Ord. No. 12-90, S 1,2-27-90) 7. Guidelines for Interpreting and Applying LOS Standards Proposed plan amendments and requests for new development or redevelopment shall be evaluated according to the following guidelines as to whether the proposed action would: A. Be consistent with the Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element, and the Coastal Management Element and not contribute to a condition of public hazard. B. Be consistent with the Traffic Circulation Element; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element; and Parks and Recreation Element and not intensify any existing public facility deficits not envisioned with this plan. C. Generate public facility demands that may accommodated by planned capacity increases. D. Conform with future land uses as shown on the Future Land Use Map of the Future Land Use Element. E. Accommodate public facility demands based upon level-of-service standards by provision of facilities by the developer or by the City consistent with this element. 14 F. Be consistent with state and regional agencies' and water management district's facilities plans IV.REQUIREMENTS FOR CAPITAL IMPROVEMENTS GOALS, OBJECTIVES AND POLICIES The goal of the Capital Improvements Element of the Dania Beach Comprehensive Plan is to ensure the timely and efficient provision of public facilities and to ensure that sound fiscal policies are adhered to in the provision of these facilities Objective I All land use decisions shall be coordinated with fiscal resources and will maintain adopted levels of service. Policy 1.1 Requests for amendments to the Comprehensive Plan shall be based upon analysis of the infrastructure planned to support the affected area. Objective 11 The capital improvements element will be utilized as a vehicle for the construction of capital facilities to address the existing deficiencies, to accommodate future growth and to replace obsolete facilities. Policy 2.1 Continue to evaluate local capital improvement projects. The criteria shall include as a priority those projects which must be implemented to maintain an adequate level of service for the elements of the Comprehensive Plan. The criteria will also address the following: 1. Elimination of any public hazards 2. Elimination of an existing capacity deficiency 3. Impact on local budget 4. Financial feasibility Policy 2.2 The City shall manage its debt to limit instruments for funding in the following manner: Revenue bonds shall be limited to 20% of total debt. Policy 2.3 A program for the replacement of capital beaks shall include the following: Review by Department Heads Review by City Manager and Finance Director Approved by City Commission 15 Policy 2.4 Public facility deficiencies will be addressed consistent with the schedule in II (A)(3). Policy 2.5 Fiscal policies utilized to direct expenditures for capital improvements shall be consistent with the policies of other elements within the Comprehensive Plan Policy 2.6 Local capital improvements projects shall be prioritized by locational needs based upon projected growth patterns; a combination of new development/redevelopment facility demand; and plans of state agencies and Water management districts. Objective III Future development shall bear its proportional share of the cost of facility improvements which are necessary to the development. All new developments shall conform to the level of service standards outlined in the Comprehensive Plan. Policy 3.1 Level of service standards outlined in this Comprehensive Plan shall be adhered to. Policy 3.2 Public facilities shall be available to support development concurrent with the impacts of said development. No development permits shall be issued for new development or new redevelopment unless adequate public facilities consistent with the level of service standards outlined in the comprehensive Plan are in place. Policy 3.3 New developments will be assessed a pro rata share of the costs associated with new public facility needs to support the new growth. Objective IV Public expenditures in the coastal high hazard areas will be limited to maintenance and repair. Policy 4.1 Expenditures for infrastructure shall be made only to maintain and repair existing infrastructure. 16 Objective V Public facility construction provided for in Plan Elements shall be monitored through the land development review process to ensure that the City is not required to construct improvements beyond its financial capacity. Policy 5.1 Revise land development regulations to ensure that objectives of the Comprehensive Plan are accomplished. Obiective VI Explore additional fresh raw water supplies Policv 6.1 Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach. Policy 6.2 Participate with the County of efforts to recharge the County wellfield on a utilization basis. This may include additional wells, storm water recharge or reuse recharge. V. CAPITAL IMPROVEMENTS ELEMENT A Five Year Capital Improvements Plan has been provided as Table I. Possible revenue sources identified to provide for these costs include general fund revenue, and water and sewer bonds. Land development have been adopted which require that all facilities and services comply with the level of service standards of the Comprehensive Plan. All facilities and services must be available with the impacts of development thereby eliminating a threat of the reduction of the level of service below the standards of the Comprehensive Plan. VI.MONITORING AND EVALUATION The Capital Improvements Element of the Comprehensive Plan shall be reviewed on an annual basis to determine its consistency with the Comprehensive Plan and the maintenance of the levels of service outlined in the elements of the Comprehensive Plan. A report shall be issued which will address the current status of the Comprehensive Plan and the Capital Improvements Element as they relate to the growth and development occurring within the City of Dania Beach. The report will identify any deficiencies which may be present and will also provide a course of action to rectify any deficiencies that are identified. The last element of the report will 17 address the goals and objectives of the Comprehensive Plan and make recommendations for adjustments of the Comprehensive Plan and its goals and objectives to more appropriately direct the City in the future development of the City. The five year Evaluation and Appraisal Report (EAR) of the Comprehensive Plan shall incorporate the following: A. Citizen Participation as part of the EAR process. B. Update the Comprehensive Plan based lines data with the U.S. Census information when available and Update the Objectives to be accomplished in the five year period and for the Year 2010. C. Identify accomplishments in the first five year period and the degree of success of the Goals, Objectives and Policies. D. Any new obstacles or problems which have occurred or have resulted because of under achieved Goals, Objectives and Policies. E. Identify new or modify Goals, Objectives and Policies to address unanswered questions or problems. F. As previously noted an annual report on the Comprehensive Plan will be prepared by the City. TABLE II ANALYSIS REQUIREMENTS ($1,000) Revenues/Expenditures REVENUES EXPENDITURES 4% 8% 2% 6% 1997 14.4 14.4 15 15.0 1998 14.9 15.6 15.3 15.9 1999 15.5 16.8 15.6 16.8 2000 16.2 18.1 15.9 17.8 2001 16.8 19.6 16.2 18.9 2002 17.5 21.2 16.6 20.4 2003 18.2 22.9 16.9 21.6 2004 18.9 24.7 15.9 22.9 18 TABLE III ANALYSIS REQUIREMENTS Projections of Debt—Current Bond Issues (1997 - $1,000) ENTERPRISE FUNDS GENERAL LONG TERM DEBT ACCOUNT FISCAL PRINCIPAL INTEREST TOTAL PRINCIPAL INTEREST TOTAL YEAR 1998 $13 $3 $16 $351 $82 $433 1999 14 3 17 368 64 432 2000 14 2 16 365 45 400 2001 15 1 16 272 27 299 2002 12 .3 12.3 152 14 166 Thereafter --- --- --- 176 25 201 $68 $9.3 $77.3 $1,684 $257 $1,931 Bonds FISCAL YEAR PRINCIPAL INTEREST TOTAL ENDING IN: 1998 $80 $13 $93 1999 85 9 94 2000 85 6 91 2001 90 2 91 2002 --- --- --- Thereafter --- --- --- 340 30 370 Unamortized Bond Discount 2 --- 2 $338 $30 $368 19 TABLE IV ANALYSIS REQUIREMENTS Ad Valorem and Millage Rate Tax Base Millage Property Tax Property Tax ($ Millions) Rate Revenues Revenues 5% 10% 1% 5% 10% 1997 839 839 5.8 4,584* 4,584* 1998 881 923 5.8 5,110 5,353 1999 925 1,015 5.9 5,458 5,988 2000 971 1,117 6.0 5,826 6,702 2001 1,020 1,228 6.0 6,120 7,368 2002 1,071 1,351 6.1 6,533 8,241 2003 1,124 1,486 6.2 6,969 9,213 2004 1,181 1,635 6.2 7,110 10,137 Total: 8,012 9,594 47,992 57,868 *Actual 1997 Budget Number 20 TABLE V Valorem and Other Revenue Sources 1997 1998 1999 2000 2001 2002 2003 2004 Property Taxes 4.8 5.1 5.4 5.8 6.1 6.5 6.9 7.1 Intergovernmental 1.4 1.5 1.6 1.7 1.8 1.9 2.0 2.1 Utility Taxes 2.3 2.4 2.6 2.7 2.9 3.1 3.3 3.6 Rents & Fees 3.3 3.5 3.7 3.9 4.2 4.4 4.7 5.1 Franchise Fees 1.2 1.3 1.3 1.4 1.5 1.6 1.7 1.8 License & Permits 1.0 1.1 1.1 1.2 1.3 1.3 1.4 1.5 Fines & Forfeitures 0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.3 Miscellaneous 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.4 Total 14.5 15.7 16.8 18.2 19.4 20.9 29.3 30.9 Note:columns do not sum due to rounding 21 TABLE VI Projected Operating Costs ($ Thousands) 1997 1998 1999 2000 2001 2002 2003 2004 General 2,020 2,100 2,185 2,272 2,363 2,457 2,555 2,657 Government Public Safety 8,236 8,565 8,908 9,264 9,634 10,020 10,421 10,838 Physical Environment 1,211 1,259 1,309 1,362 1,417 1,473 1,532 1,593 Public Works 1,320 1,373 1,427 1,485 1,544 1,606 1,670 1,737 Economic Environment 600 624 647 675 702 730 759 789 Human Services 78 81 84 88 91 95 99 103 Culture/Recreation 1,104 1,148 1,194 1,242 1,292 1,343 1,397 1,452 Debt Service 498 518 539 560 583 606 630 655 Total Expenditures 15,067 15,668 16,293 16,945 17,626 18,330 19,063 19,827 22 TABLE VII Projected Budget Surplus/Deficit—General Fund (S Thousands) 1997 1998 1999 2000 2001 2002 2003 2004 Total Revenues 14,500 15,700 16,800 18,200 19,400 20,900 29,300 30,900 Total Expenditures 15,067 15,668 16,293 16,945 17,626 18,330 19,063 19,827 Surplus/Deficit -567* 32 507 1,255 1,774 2,570 10,237 11,073 * Actual 1997 budget amount was+1.7 due to additional revenue sources and fund transfers. 23 _ _ I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 8, 2008 TO: Ivan Pato, City Manager FROM: Leigh R. Kerr, AICP, Planning Consultant RE: Comprehensive Plan Amendments—Water Supply Plan (FIRST READING) Pursuant to State Statutes, the City of Dania Beach is required to develop a Water Supply Plan and adopt that plan within eighteen (18) months of the approval of the Regional Water Supply Plan by the South Florida Water Management District (SFWMD). The SFWMD approved the Regional Water Supply Plan on February, 2007. Thus, the City of Dania Beach is required to adopt its Water Supply Plan for the community by August 15, 2008. Attached for your consideration is the updated Infrastructure Element of the Comprehensive Plan, which includes the Water Supply Plan plus related amendments to the Conservation, Capital Improvements, and Intergovernmental Coordination Elements. The purpose of the Water Supply Plan is to document the 10-year planning horizon of the availability of water supplies for the future growth and development of the community. The Water Supply Plan is developed in conjunction with the Regional Water Supply Plan per the SFWMD and state requirements. The Plan includes projections of growth for the water supply and water service area, including the area west of 1-95 which is served by Broward County's 3A Service Area. All of the improvements necessary to provide for growth in the next ten (10) years have been incorporated into the capital budget of the community and the construction is occurring on an on-going basis. Also attached are the following: • Conservation Element — updates include the water supply component of that plan and additional objectives and policies resulting from the Water Supply Plan. • Intergovernmental Coordination Element - includes additional objectives and policies resulting from the Water Supply Plan • Capital Improvements Element - includes updated capital improvements schedule (page 4 of the Element) and additional objectives and policies resulting from the Water Supply Plan In summary, the request is for the Board's consideration and recommendation of approval to the City Commission for transmittal of these updated Elements of the Comprehensive Plan for review and comment by the Florida Department of Community Affairs. PLANNING AND ZONING BOARD On March 19, 2008 the Planning and Zoning Advisory Board recommended approval. STAFF RECOMMENDATION Approve. CITY OF DANIA BEACH, NOTICE OF PUBLIC HEARING COMPREHENSIVE LAND USE PLAN AMENDMENT A Public Hearing will be conducted by the Dania Beach City Commission to amend the 'text of its Comprehensive Plan by 'adopting the following ordinance: AN ORDINANCE OF THE CITY OF DANIA BEACH,' FLORIDA, AMENDING THE DANIA BEACH COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT (PSFE), AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT, (FLUE), INTERGOVERNMENTAL COORDINATION ELEMENT (ICE), AND THE CAPITAL IMPROVEMENTS ELEMENT (CIE) IN ORDER TO INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY. FLORIDA STATE STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA. STATUTES; PROVIDING FOR- 'CONFLICT; PROVIDING . FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (2nd Reading Adoption Stage) Date: Tuesday,April 8; 2008 Time: , 7:00 p.m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach,Florida 33004 For further information, please contact the City's Community Development Department, 100.West Dania Beach Blvd., Dania Beach, Florida, (954) 924-6805 x3645 between the hours of 8;30 a.m. and 5:00 p.m.,Monday - Friday. Interested,parties may appear at the public hearing and be heard 'with . respect to the public hearing. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the-City Clerks Office 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800,,at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting' or hearing will need- a record of the proceedings .and-for such . purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. CITY OF DANIA BEACH Agenda Item # dl Agenda Request Database Date of Commission Meeting: 4-8-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) " ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 3-25-2008 RESOLUTION NO.2008.049 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY CLANCY NANAN REPRESENTING PROPERTY OWNERS CLYDE AND VICTORIA NANAN,FROM CHAPTER 12,ARTICLE III,"HAZARD REDUCTION",SECTION 12-52.FOR PROPERTY LOCATED AT 260 NW 14TH WAY,DANIA BEACH,IN AN AREA ZONED RD-8000 RESIDENTIAL,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Aml: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-15-08: Variance to allow a 7.4 foot finished floor elevation for a single family residence. Code requires 8 feet. Resolution Staff Report Variance Procedures Application Justification Statement Public Hearing Notice Location Map Mailing List Survey Exhibit 1 o Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Deoartment Director Corinne Lajoie Date Assistant City Manaaer Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-049 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY CLANCY NANAN REPRESENTING PROPERTY OWNERS CLYDE AND VICTORIA NANAN,FROM CHAPTER 12, ARTICLE III, "HAZARD REDUCTION", SECTION 12-52, FOR PROPERTY LOCATED AT 260 NW 14TH WAY,DANIA BEACH,IN AN AREA ZONED RD- 8000 RESIDENTIAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 12, Article III, Section 12-52 prescribes the finished floor elevation requirements for the City of Dania Beach; and WHEREAS, Clancy Nanan representing property owners Clyde and Victoria Nanan, has applied for a variance(VA-15-08)to allow a proposed finished floor elevation of 7.4 feet above sea level for a single family residence (8 feet is required) for property located at 260 NW 14`h Way, Dania Beach; and WHEREAS,the Planning&Zoning Board on March 19,2008 recommended approval of the variance request, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application for variance (VA-15-08) as described above (from requirements in Chapter 12,Article III,Section 12-52),a copy of which is attached as Exhibit "A" is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-049 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment �� � ❑ Plat rrlB��l` ❑ Plat Delegation Request ❑ Rezoning FEB 2 9 MOB Rec d: ❑ Site Plan ❑ Special Exception Petition No.: ❑ TrafBcwayWaiver Planning Department ❑ Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 26 O Nw Iq w4-X D>t f4 ROE 4Gf{ Lot(s): Block: Subdivision: Recorded Plat Name: Folio -CZA0 Legal Description: ip Applicant/Consultant/LegalORepresentative (circle one)rt�O� Address of Applicant: "0 '19 .5W( 2 S AV(f Fi' L► 120- FL 33 3/ Z. Business Tele��hon $1 Z /gaql0 t�gme) 93-z 573 CgFax: 7^ Y 7 Name of Property Owner: C.LYDE V I C To f21 A .N4N-} N Addresss Property owner: WLI3 S w 2 5 Ave • Fi-- L4i)D, FG 33� / > Business Telephone: $1Z - $q/O C4 Ho5'4me:q 3 - 2 S7 ?j C9 ax: 9 8 - — 8 7 Explanation of Request: T1 � a—e `i "'� � V OiLr-A-\C-P— For Pla(s please provide proposed Plat Name for Variances Please attach Criteria Statement as per Amideia13of Chapter 28, Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually, by a corporation,or a joint venture? Y understand that site plan and variance approval automatically expires within 12 nths o m f City mission appro 1, pursuant to Ordinance No. 2005-040. I/�((i �'YCr'��lGe. L.1-v1 Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultan Re tJ p resentative: This day DffLr20 0S Signature: (/ Date: 9L 7 J O's n Name Notary Public (Print Name) tate of ) JQrti�c.. `�auvi�er'S Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 1201D . Telephone No. &Fax No. JANICE SAUNDERS Notary Public.Stab of Y Com n sci Florida on �PQasJuli6,2pf0 Bonded By National Nota INDM ZED SIGNATURE: This is to certify that I am the fee simple f bje��c..t lI ds scribed above and that I have authorized (Applicant/Consultant/Representative) 14=- PJ to make and file the aforesaid application. + Sworn to and subscribed before me Owner: This ZiA day of Fe_ruL' 2C OS• J Signature: L Date: Fie/J' 2 9z Z 0 6 gn Nam ( f Notary Public (Print Name) State of -7-L . ) Janice So-unde-.'S . Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 7l �ZoID. Seal: — Telephone No. &Fax No. JANICE SAU14DERS €, a Notary Pubt St;fe d Florida 59y Canmissi Expires Jul 19,2010 f' s Commission i DD 57505 Bonded By National Notary Assn. MIND FEB 0 3 70D8 Planning To whom it may concern. Department I am writing this letter concerning the elevation problem that I'm having with a house that I am constructing at 260 NW 14 Way in Dania Beach Florida. 1 have taken elevations from two of the most recently developed homes in back of my house, and have found that these elevations are 2 feet above the crown of the road: The house at 260 NW 14 Way (the house that I'm building) is 2.5 feet above that crown of the road. At my meeting I will provide you with pictures, and professionals in this field which will show you that there is no need to raise my house any higher then it already is. I have lived in Dania all my life and most of my family members still reside there. I promise you that I will try me very best to provide that right presentation so every member of the committee will have a clear view of the problem that I am having. Thank you Very Much Clancy Nanan 954-812-8410 VA-15-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday March 25 2008 at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004,for the purpose of hearing any comments which might be made to the following request: VA-15-08 —Variance request by Clancy Nanan representing property owners Clyde and Victoria Nanan to allow a 7.4 foot finished floor elevation for a single family residence located at 260 NW 14 Way, Dania Beach, in an area zoned RD-8000 Residential. (Chapter 12, Flood Damage Prevention,Article III,requires 8 feet.) Legally described as: The North 70 Feet of the South 490 Feet of the East 70 Feet of Block 'W', Sun Gardens First Addition, according to the Plat thereof, as recorded in Plat Book 30, Page 21, of the Public Records of Broward County,Florida. Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday; please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at the meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Mailed: Friday,March 14, 2008 See Reverse side of this notice for a location map of the site Location Map: c-3 to NW—ST d' r Proposed Me Z RM O NR!2ND_TER N O5 O ' ROM RD-8000 O L 3 NW.2ND TER Q x �- ' z 3 z C z R C (� NW:2ND�ST Z RS-6000 w m 0 0 Z N co N Q z m 6 Z m Q a > `m W 0 m r r 0 O N O CO O N p N > W r un � � �` OMr0 000 � ,r m Lil p N O (A (A r O O r O) 0` (M (rD M m N fM+1 to CD OD (D (D ❑ O N � MO (NO (ND (NO (ND (OD (OD N (D NOr (`N07 PM) N (M+] NNMN C V co v q JLL C) to ONNNNM � d' � ((� d' V' M M-J O v O' O O N V V V V M o O) O O O O O M J I L O LL N O u- 0 0 J Cl)M 00 00 U O O O r ' 0 0 0 0 ui O O O r O O O O O M CO M O d. 0 0 M M co M co r M co M co M M co co M r LL J N J M M J M ct) CO J co M M co N O m M co M M Lo CO M M M co M M M M N N Q J a J ¢ J J (� M Cl) Cl) J JJMJLL LJL LL LL � LLLLLJi � IJiLLLLLLLJi m Z M _ � � x LL' 22 d. 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W W o 0 N ❑ O CDto (NOS to tM JLL NN N (ON U o0 oro oCOor cn m o_ LL LL LL LL LL } O = Q Cl) U U ¢ Y W W -i co UJ �F FL mmU- m0 gQQaz ¢ } oQ,_ PEAR aaa ¢ zaw 14 1 - ❑ ❑ ❑ ❑ aoz 2008 USPs q � ® O p O NUo QQFF Q0 ; o JNN (n � � � 2 � Z 0 N Z ^2 IN w F F" R' CD ❑ a N co -,T c) Aki , %- Q '_P ,r®pg z � o � z3: 3: z0 —z ad t11 NLL } < co z z fro V O D1 O yd LL U N �.0 Nev r+o a 03JN(� o o `L f ' sf C9 F 0 W W } to W z > z Q 4 U } W LLL ¢ Z ❑ 0 ui2 m Q m W Z 2 S m o O0 or a 2 2 co W Q _ 0 0 0 0 o 0 m W LL O W O , 'r M tD r �- N NN NN Q m =, 0 0 0 0 0 0 0 O z ¢ U l!7 V1 lfl Ln LL7 0 Qz ¢ LL ❑ ca mcnC? 0 Q N N N N N N N o V d' UCD Lo coo tO 0 1 lOD I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET y" PLEASE i2EVIESK SITE PLAN Ai�ID -- TS 1F�ANY = Route Date 3/4/2D08 Log A-16-08 MAR 1 � 'IU08 Project lyde 6 Victoria Nanan olio 50-42-33-15A010 Flood Elevation Variance �p an�„49 f BE INCORPORATED IN THE PLEASE REVIEW THE ABOVE REFERENCED PR ATION TO THE PLANNING AND ZONING COMMUNITY DEVELOPMENT DIRECTOR'S STAFF BOARD AND CITY COMMISSION.THANK YOU. . Route Via: Mail ❑ Pick Up © In-house ❑ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services 0 Planner❑ Other Consultants ❑CGA Approved as submitted ❑ Denie�4 Comments must address prior ❑ Approved w/conditions ❑ to PZ I Commission hearing List Conditions F//vlsH�t7 Fl�mi2L CVRT/oN sHwG[. FEMf} FGooD ELEV.gTmA! pLus 1.0 FOOT. -fl iDW FEMA FrpoD �LEVA7_1014. -WOW D6T�/LS Qi C47-dtf_zr o0 :;� Signature Date 1)0MInJIL DE2G n�bo Print Name x CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 8, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Pr.Incip Planner (U� Kristin Dion, Planner APPLICANT: Clyde and Victoria Nanan. REQUEST: VA-15-08: Variance to allow a 7.4 foot finished floor elevation for a single family residence. Code requires 8 feet. LOCATION: 260 NW 14 Way. The applicant is requesting a variance to allow the construction of a single family residence with a finished floor elevation that is 7.2 inches lower that the 8 feet that is required by Code. The building permit was submitted and approved showing the required 8 foot finished floor elevation. The foundation has already been poured. The spot survey shows the actual elevation at 7.4 feet. FEMA requires a 7 foot finished floor in this location, however City Ordinance requires FEMA plus 1 foot, therefore an 8 foot elevation is required. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board recommended approval on March 19, 2008. CITY COMMISSION PREVIOUS ACTION The City Commission heard this item on March 25, 2008 and tabled this item for further discussion. STAFF RECOMMENDATION The City Engineer recommends that the builder add the 7.2 inches of concrete required to meet the City approved plans. Plans were approved showing an 8 foot finished floor which satisfies the City's requirement of FEMA plus 1 foot. According to the City Building Official the ceiling height is 9 foot. If the concrete is added to the slab, it will still allow an 8 foot ceiling height. However, the doors will require changing along with the rough plumbing. City Planning Department leaves recommendation to the discretion of the City Commission. Sec. 12-34. Variance Procedures. (a) The city commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (b) The city commission shall hear and decide appeals when it is alleged there is an error in any requirement; decision, or determination made by the building official in the enforcement or administration of this chapter. (c) Any person aggrieved by the decision of the city commission or any taxpayer may appeal such decision to the circuit court of Broward County, as provided in the Florida Statutes. (d) Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures without regard to the procedures set forth in the remainder of this section, except for subsection (h)(1) and (4), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation and the variance in the minimum necessary to preserve the historic character and design. (e) In passing upon such applications, the city commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter; and (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Upon consideration of the factors listed above, and the purposes of this chapter, the city commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (2) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. (4) The building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. DING PETER LLYWOONBLVD.,SR. BOUNDARY SURVEY o5-4azfs 2731 HOLLYWOOD BLVD.,SUITE 204 HOLLYWOOD,FL.33020 964-920-5141 LEGAL DESCRIPTION:The North 70 feet of the South 490 feet of the East 70 feet of Block W', SUN GARDENS FIRST AQWON, according to the Plat thereof, as recorded in Plat Book 30, Page 21, of the Public Records of Broward C , Florida. ADDRESS: ti 260 N.W. 14 th Way Dania Beach, Florida 33004 CERTIFIED TO: Clancy Nanan 6W.41' TRACT "A" $ N. W. 14TH WAY taOr N` \\�\��1 TOM PLAT 42r SUN GARDENS (2"7) LOCATION SKETCH ( NOT TO SCALE) FEB Z 9 1008 Planning Department N. W. 14- - - - WAY -- - - vh-\SJ_ o�� — --- -- -- ASPHALT PAVEMENT CATCH BASIN SET12"IRON �y 70.00' .A+ FDUND pM' PIPE 8 CAP 7" 9 IRON PIPE LS3407 NL,� N CHAW LINK FENCE OQ pLE60A'N C IN MKP8lCE t"ua KtuN 25.0' w g 30.1' 4 UN (WALLS U CONSTRUCTION 4 , W 4 9 " SET 1W IRON PIPE&CAP L53487 b WALL CK UNKFRKA OFFSET7.ON u 'Vy6y 4 70.00' "awKtae QM LINK FENCE ,� SET11r IRON UNW&D" moo PIPE&CAP WALLGAW moo 1.83407 ENCROACHING SPOT SURVEY&ADDRESS CHANGE 2125MB und encroachments, Not valid without the signature and the erigirwl raised seal of Underground locations and/or undergro if any, are not shown unless otherwise indicated. a Florida Licensed Surveyor and Mapper. This survey was not abstracted for easements and/or Dated this 29th day of MARCH 2O05 A.D. right-of-way of record. Elevations are relative to National Vertical Datum / of 7928. _ NAIL 8 DWC 3407,5'E.OF CENTERLINE N.W.14TH WAY& PETER BLANDINO SR. Benchmark: N.LINE#260 ELEVATION�6.14' Bearings based On :N_ARROW AS D ON ASSUMED DATUM CENTERLINE Surveyor and Mapper No. LS3487 W. State of Florida Drawn b P.B.S. Checked by- P.B.S. Scale 1"=29 CITY OF DANIA BEACH Agenda Item # V Agenda Request Database Date of Commission Meeting: 4-8-2008 Public Hearing ❑ Adopt Resolution X❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-058 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR AN APPROVAL OF USE(AA-17-08),SUBMITTED BY SUSAN P.MOTLEY,ESQUIRE WITH THE LAW FIRM OF RUDEN,MCCLOSKY,REPRESENTING HERITAGE-CRYSTAL CLEAN,LLC('CRYSTAL CLEAN-)AS TENANTS OF PROPERTY OWNERS MILTON J.AND PATRICIA WALLACE AND JOSHUA L.AND PATRICIA BECKER DB/A PORT EVERGLADES COMMERCIAL TERMINAL,FOR PROPERTY LOCATED AT 950 ELLER DRIVE,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ AA-17-08-The applicant, Susan P. Motley, Esq.with the firm Ruden, McClosky representing Heritage-Crystal Clean, LLC is requesting approval to operate a use that involves the storage of substances identified as hazardous for property located at 950 Eller Drive. Resolution Staff Report Application Criteria Statement Business Tax License Backup Public Hearing Notice Location Map Mailing List Survey Exhibit 1 E�hibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-056 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE REQUEST FOR AN APPROVAL OF USE (AA-17-08), SUBMITTED BY SUSAN P. MOTLEY, ESQUIRE WITH THE LAW FIRM OF RUDEN, MCCLOSKY, REPRESENTING HERITAGE-CRYSTAL CLEAN, LLC ("CRYSTAL CLEAN") AS TENANTS OF PROPERTY OWNERS MILTON J. AND PATRICIA WALLACE AND JOSHUA L.AND PATRICIA BECKER DB/A PORT EVERGLADES COMMERCIAL TERMINAL, FOR PROPERTY LOCATED AT 950 ELLER DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28,"Zoning",of the Code of Ordinances of the City of Dania Beach, Florida, Article 15.13, "Port Everglades Development District", "Uses permitted where site is approved",states that the City Commission shall consider the compatibility of uses which are identified as hazardous by state or federal legislation, with other uses in the vicinity and the potentially harmful or dangerous effects of such use on persons and property; and WHEREAS, Susan P. Motley, Esquire, representing Heritage-Crystal Clean, LLC, for property located at 950 Eller Drive,Dania Beach,has requested Commission approval to operate a use that involves the storage of substances identified as hazardous, in a PEDD Zoning District; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application AA-17-08 dated March 8,2008, for approval of the requested use, a copy of which is attached and made a part of this Resolution as Exhibit"A",is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-056 200 EAST BROWARD BOULEVARD RudenFORT LAUDERDALE,FLORIDA 33301 JlMcClosky RDALE,ST FORTICE A333OX 02 FORT LAUDERDALE,FLORIDA 33302 (954)527.2412 FAX:(954)333.4012 SUSAN.MOTLEY@RUDEN.COM March 3, 2008 MRO99TRI Lou Ann Cunningham FEB 0 3 1000 Planning and Zoning City of Dania Beach Planning 100 W. Dania Beach Blvd. 1 Department Dania Beach, FL 33004 Re: Heritage-Crystal Clean LLC ("Crystal clean")/Approval of Crystal Clean Business Located at 950 Eller Drive, Port Everglades, City of Dania Beach, Florida Dear Lou Ann: As we discussed, here is a package with materials requesting approval from the City Commission for the above-described operation. Enclosed is a check made payable to the City in the amount of$250 for the application fee. The enclosed materials consist of six (6) sets of(i) the City's application form, (ii) exhibits A and B to that form, (iii) a survey of the property, and (iv)the criteria statement for approval. Please contact me after you have had an opportunity to review the materials so that we may discuss the schedule for approval. Thank you in advance for your cooperation and assistance. Sinc , (NI �Oman P. Motley SPM:Iks Enclosures cc: Thomas J. Ansbro,Jr., Esq. (via e-mail) Philip Comella, Esq. (via e-mail) Catherine McCord, Esq. (via e-mail) FTL:2579402:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3645 Phone www.daniaboachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment m2@1��� ❑ Plat ❑ Plat Delegation Request ❑ Rezoning FEB 0 3 7008 Date Rec'd: �J '-S 0� ❑ Site Plan Petition No.: ❑ Special Exception Planning ❑ Trafficway Waiver Department ❑ Variance ❑ Roadway Vacation ❑ Extended Hours ® Other: Approval of Use for Tenant Heritage-Crystal Clean LLC f"Crvstal Clean'")_ THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESSARY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City s Building Department. Location Address: 950 Eller Drive Lot(s): N/A Block: N/A Subdivision: WA Recorded Plat Name: N/A Folio Number(s): 5042-23-00-0660 Legal Description: See attached Exhibit A Applicant/Consultant/Legal Representative (circle one) Susan P. Motley, Es a. Address of Applicant: Ruden McCloskv 200E Broward Blvd 15"Floor Fort Lauderdale FL 33301 Business Telephone: 954 527 2412 Home: N/A Fax: 954 333 4012 Name of Property Owner: Milton J. and Patricia Wallace and Joshua L. and Patricia Beck d/b/a Port Evgrglades CommercialTerminal Address of Property Owner: 400 North Fiagler Drive #1902 West Palm Beach FL 33401-4316 Business Telephone: 561 655 598 Home: WA Fax: 561 65 3 152 Explanation of Request: Aooroval of use of Property for parts cleaner sales and service along with collection of containerized industrial waste from customer locations See attached Exhibit B for additional information. For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Article 10.13 of Chapter 28, Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: SW Ba of 950 Eller Drive Proposed Use: same Is property owned individually, by a corporation, or a joint venture? partnership FTL2573874:1 I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. ApplicanUOwner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATUR Sworn to and subscribed before me Applicant/Consul t/Re re ative. This day ofl—;�6- 20P f Signature: Y Date: Susan P. Motley. E Sign Name of Notary Public (Print Name) State of ( �{�DIPJD(� ) Ruden, McClosky, 15u' Floor 1� I 200E Broward Blvd Ft Lauderdale FL 33301 Print Name of Notary Street Address, City, State and Zip Code Commission, feTOS.5. -- 54 527 2412. 954 333 4012 f =�" _ pp Telephone No. & Fax No. CwnmbnSeal: . yF` BOres January 10,2011 y'.'f, �.` BvtleETNu 7myhnbun AW.R4T11B INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above t dmakehat l e and authorized (ApplicanUConsultanVRepresentative) file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name)** State of ( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Telephone No. & Fax No. Seal: **Each partner must sign. Attach duplicate sheets as required. FTL:2573874:1 Feb. 21. 200E 5:22PM No. 219Q V. h COP"RAYM NOTARM SONATURE: 7 bove and Me k m oe M fw the below roterenoed aarparatlon la the owner d autt)eet landed eerttediva) md that 1, as a duly a&Wjzod officer, o me" atorstrafd appdcatfon• Sworn to end autxaribed before me Corporation Now This day of �— SWAM; Dale: (print Name) Name of Notary PA40 (Print TWO) seed.of( Prot Name of Now Street Address,CRy,State and Zip Code CommWelon Exptea: Telephone No.&Fs�t No. Sank .faNT YEN MfifPARTNHRSMIP NOTARMED SIGNATURE: partnere have This to to ceAMy that the below retera►cad t d m the duly suthw1wd pa" are the ownere of s tanda desar�ad above to s1l authorized (Ap�uMantlRe{»n to make the fie the aforesaid spplloaWn sworn to and subscribed before me (� Ta day of 20 L SWnstu MY „� KIlv18ERLY G. T N' �'� Q roNx>ross123s ro,a°u FL (Print Name) w street AddwB, �Zlp� print Name of N pommiselon 9*rea: Telephone No d�Fax Na Seel: paMw must alga. Attach dupEoeta sheds a•7equlrod GTLO73374:t Braward County Property Appraiser's Network EXHIBIT A If you are looking to purchase this propert7useour amount �VI- �� n 1C� shown may have no relationship to the taxill pay. nIS I If you are looking to purchase this propert not using p t �. portability to transfer any capped savings, se our TaxBRa id CpW IMPORTANT: Estimator to dete mine a more likely e your newamount. If you own a home in Florida,and want tomuchportability will save you,try our Portabiimator. Click here to display your 2007 Tax Bill. Site Address 950 ELLER DRIVE ,DANIA BEACH ID# 5042 23 00 0660 Property Owner 'TV LACE,MILTON J&PATRICIA& Millage 0412 BECKER,JOSHUA L&PATRICIA Use 48 Mailing Address 400 N FLAGLER DR APT 1902 WEST PALM BEACH FL 33401-4316 Legal J23 -50-42 E3/4 OF N112 OF SE1/4 OF SVV IA LYING S OF RR R/W LESS S.259&LESS W Description 175 EXCEPT S 259&LESS PT DESC IN OR 3335/519&LESS ORS 5313/30,78161473. 86101634&LESS PT DESC AS,PAR 127 OF ST RD OB62(1-595) Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $624,000 $490,670 $1,114,670 2007 1 $624,000 $490,670 $1,114,670, $26,846.96 2006 1 $624,000 $446,060 $1,070,060 $26,940.53 Assessed 1 Exemptions SOH Value Type Wid[Vet/DIs 1st Homestead 2nd Homestead Non-Exempt $1,114,670 $1,114 670, $1,114,670 2D07 Assessed/SOH Value $1,070,060 2006 Assessed I SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 3948 541 $7.50 B2,800 SF $7.50 400 CA AdL Bldg.S.F. 30000 '.ff.Year Built 1975 Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS W DS 30000 90.2 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. (1 OF 2) nTmT .-_1:__cn.h`)n1nnru4An 2/26/2008 ■ � - ( i PkOPERTY APPRAISER 1 � ,Y - •� `.� ��i as ..•c E L _ = p �sf wl "f ■ E `� t4��5���V iStJ Exhibit"B" (1 of 1) FEB 0 3 2000 Planning Department Heritage-Crystal Clean ("Crystal Clean") is an environmental services company with 65 branches throughout the United States. Crystal Clean provides customers with parts cleaner units, services these units and, additionally, collects from customers industrial waste in approved DOT containers. The company specializes in providing services to smaller businesses. It has a fleet of small route trucks that deliver parts cleaners and cleaning solutions to customers and collects used solvents and cleaner, along with other containerized industrial wastes (i.e., paints, coatings, solvents, used oil, light bulbs, etc.). These containerized wastes are brought back to the local branch in the late afternoon and transferred directly that same day from the route trucks into a storage trailer parked on site. Importantly, Crystal Clean's transfer facility does not use or treat any of the cleaning solutions. No waste containers are ever opened at the branch, nor is any material consolidated. The storage trailers (a maximum of two on-site at any one time) do not remain on site for any more than 10 days when they are transported to one of the company's distribution hubs. Trailers delivering cleaning supplies are emptied and become the storage trailers for containerized wastes. There is a small warehouse with office for the sales personnel and to store supplies. Broward County's Environmental Protection Department ("EPD") has requested Crystal Clean obtain a letter of zoning conformance from the City of Dania Beach as part of an application for a transfer facility license from EPD. The City Attorney's office has determined"that even though Crystal Clean has been located at 950 Eller Drive with no issues since 2006 (when it obtained its first occupational license from the City), it must process this approval because uses involving hazardous substances are not permitted of right in the applicable PEDD zoning district. Therefore, we are requesting approval by the City Commission so that the City can issue the zoning letter requested by EPD. FTL:2573067:1 MEN FEB 0 3 2008 Criteria Statement Pla n n i n g Department Pursuant to City of Dania Beach Zoning Code, Section 15.13, whenever an application is made for a building permit for a site in a PEDD District to erect any building or improvement involving substances which are identified as hazardous by state or federal legislation, a building permit is not to be issued until the use of the site has been approved by a resolution of the City Commission, after written reports by the City and Port fire departments as well as any other governmental agency having jurisdiction. The City Attorney's office has determined that the Crystal Clean operation, although located in an existing building and without any complaints since the commencement of the use in 2006,must be approved by the City Commission. Code Section 15.13 states that in considering whether to approve such uses, the City Commission shall consider its compatibility with other uses in the vicinity and the potentially harmful or dangerous effects of such use on persons and property. Crystal Clean is located in an industrial area with surrounding uses typical of industrial areas. Directly adjacent is a facility named Discovery Express which packages household goods for shipment by boat to the Bahamas. South of the Crystal Clean building is a bag manufacturer, a boat business and a branch office of the Department of Homeland Security. Please see Exhibit B attached to the Application which describes in more detail Crystal Clean's safe business operation. No combustibles, flammables or corrosives are stored in the building. None of the waste containers is ever opened nor are any materials consolidated on site. Crystal Clean is in compliance with all applicable governmental regulations. With Crystal Clean's type of business operation, and its location in an industrial area of Port Everglades not near any residential areas, it meets the City Code criteria for approval of this use of the property. We request the City Commission approve Crystal Clean's use. FTL:2579340:1 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 8, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner Cpf.�'_ SUBJECT: AA-17-08 —The applicant, Susan P. Motley, Esq. with the firm Ruden, McClosky representing Heritage-Crystal Clean, LLC is requesting approval to operate a use that involves the storage of substances identified as hazardous for property located at 950 Eller Drive. The applicant requests City Commission approval to operate a use that involves the storage of substances identified as hazardous, in a Port Everglades Development District (PEDD) zoning district. The City Code of Ordinances, Chapter 28, Zoning, Article 15.13 Port Everglades Development District, "Uses permitted where site is approved", states that the City Commission shall consider the compatibility of uses which are identified as hazardous by state or federal legislation, with other uses in the vicinity and the potentially harmful or dangerous effects of such use on persons and property. The adjacent properties have the following uses: North Eller Drive (roadway) East Import/Export business (per Business Tax License records) South Park 'N Fly (airport parking) West NE 7 Avenue (roadway) The applicant indicates the use as a parts cleaner sales and service along with collection of containerized industrial waste. Additional information provided by the applicant is available in the information attached. STAFF RECOMMENDATION At the discretion of the City Commission. AA-17-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, April 8, 2008 at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: AA-17-08 — Request for an approval of use, by Susan P. Motley, Esq. with the firm Ruden, McClosky representing Heritage-Crystal Clean, LLC ("Crystal Clean") as tenants for property located at 950 Eller Drive, Dania Beach owned by Milton J. and Patricia Wallace and Joshua L and Patricia Becker d/b/a Port Everglades Commercial Terminal. The applicant requests Commission Approval to operate a use that involves the storage of substances identified as hazardous, in a PEDD zoning district. (Chapter 28, Zoning, Article 15.13 Port Everglades Development District, "Uses permitted where site is approved", states that the city commission shall consider the compatibility of uses which are identified as hazardous by state or federal legislation, with other uses in the vicinity and the potentially harmful or dangerous effects of such use on persons and property.) Legally described as: Parcel "A", Port Everglades Properties, according to the plat thereof as recorded in Plat Book 102, Page 19 of the public records of Broward County, Florida; Together with: A portion of the southeast one-quarter of the southwest one-quarter of Section 23, Township 50 South, Range 42, East, a portion of the north 30 feet of Shull Road, and a portion of Parcel"A",Eller Industrial Properties, according to the plat thereof as recorded in Plat Book 106, Page 17 of the public records of Broward County, Florida, all more particularly described as follows: Commencing at the southeast comer of Parcel "A", of said Eller Industrial Properties; thence south 1°54'15" east, along the southerly extension of the east line of said Parcel"A",a distance of 30 feet; thence south 88'05'45" west along the south line of the north one-half of said southeast one-quarter of the southwest one-quarter of Section 23, also being the south line of the north one-half of said Shull Road, a distance of 6.64 feet to the point of beginning; thence continue south 88°05'45"west along said line, a distance of 277.13 feet to a point on the easterly right-of-way line of US No 1/1-595; thence northerly and northeasterly along the easterly right-of way line of US No 1/I-595, the following six courses and distances; north 1°54'15" west, a distance of 120.54 feet to a point of curve to the right, said curve having a radius of 55 feet and a central angle of 46'43'02"; thence northeasterly along said curve, for an arc distance of 44.85 feet to a point of tangency; thence north 44'48'47" east, a distance of 247.34 feet to a point of curve to the left, said curve having a radius of 95 feet and a central angle of 72'29'44"; thence northerly along the arc of said curve, for a distance of 120.20 feet to a point; thence north 2'18'54" east, a distance of 83.74 feet to a point on a curve to the right, whose center bears south 45'10'12" east, from said point, said curve having a radius of 600 feet and a central angle of 6°37'52"; thence northeasterly along the arc of said curve, a distance of 69.44 feet to the termination of six courses and distances; thence south 1'54'15" east along a line 6.64 feet west of and parallel with the east line of said Parcel "A", a distance of 568.71 feet to the point of beginning; Also together with: The north 30 feet of Shull Road (now vacated) lying south of Parcel "A"; Port Everglades Properties, according to the plat thereof as recorded in Plat Book 102, Page 19 of the public records of Broward County, Florida; And Also Together with the north 30 feet of Shull Road south of and adjacent to the east 6.64 feet of said Parcel "A", Eller Industrial Properties; and also together with: A portion of the southeast one-quarter of the southwest one-quarter of Section 23, Township 50 south, Range 42 east more fully described as follows: Commencing at the southeast corner of Parcel "A", Eller Industrial Properties; as recorded in Plat Book 106, Page 17, of the public records of Broward County, Florida; thence north 1'54'15' west, along the east line of said Parcel"A" a distance of 284.58 feet to the point of beginning; thence north 88°05'45" east, a distance of 200 feet; thence north 1'54'15" west, a distance of 353.25 feet to a point on a curve, thence southwesterly along a curve to the left, whose tangent bears south 73'28'55" west, with a radius of 600 feet and a central angle of 21'14'03" an arc distance of 222.36 feet; thence south 1°54'15" east, along the northerly extension of the said east line of Parcel "A" and along the said east line, a distance of 259 feet to the point of beginning. Said lands situate,lying and being in the Broward County, Florida and containing 200,230 square feet or 4.5966 acres more or less. See reverse side for location map of site Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday; please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at the meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham - Planning Associate Mailed: Friday,March 28 2008 Location Map: 6 L i Q ~ L m d W ELLER M LO 1 0 1 ~ PEDD 1 / c 1 � J i C l�6 �P O tL1 a� y _ N C U a LL R L d Z W o 0 W D r N J LL JO ¢ tv J 2 � a ¢ U � W a r CD N to Q (7 ¢ N r 0 a CO W V m CD IT to J M r r ♦- 0 r 0 CO ¢ O r O O r 0 w rG W Ch 2 0 C`7 V C'7 co C7 M MCl) Cl) co c+ r CO00 Cl) Cl) J O J J J J LL NLLLL LL LL LU r0i U W 4 O O p LJLW pp ❑ gm® s �Go LLI o m W LLI W tl � C S O _ N O g aggg = � a C/) N � LL' J In IOOW000 o U LL 2 ?: LLLLLL � K LH N LL a N W > co 4 J O cn I- Z m0) pLL •'.� J O o U Q a ti (7 fD N LLU > co it Ja0 2SJ W mU) J of¢ O p — ¢ 0E- � p , Z ^2 } CL (D CN w NCf LLU JOOZ (n N Cn U7 W Q CD CD OM a -per CO O r t O CD M CO V r r C'Q 'Q�^ Z OU F: J J U J of W J O W co CO �- Z ZZ p as pp LL W U J ogg , z � LLCL0QOU ¢ a z 0 LLJ 0 0 W J LL p O p w Z ¢J W a > ICI- O � wF J V 0-. �- 0 lY = m0 Q � OJLL' ¢ 0 QSco rG LL CL mLLa U m W LL O N O N O N V COED CD N Z Q 2 O O co O O O U a 6666 QZ ¢W O O CD CD O N O O m N N N N N N CD U0Z Z V ggY � Y p ¢ 0t0O t0O Lo t0O 0CD CITY OF DANIA BEACH 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004 i HER _ l N li ad is Fn _ _ . i _ 7q =J= IHERITAGE-CRYSTAL CLEAN LLC- 2175 FoTNT BLVD ST£ 375 ELGIN IL 60123 tit- CITY OF DANIA BEACH 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004 TT I FY irTA C ^`'I L I Business cS? - , F LOC3T10ri add- - - . . - . _ �5 - I -issue c> HERITAGE-CRYSTAL CLEAN LLC 2175 POINT B=VD ST£ 375 EHS DEFT E'L GIN IL 60123 41fe. 1 So• oc Crff GROVIII (ANA DANA DEP rnUrr �I�g �asp� �•� - 8kzoo•oo DMSION OF OOCUPATiONAL LICENSE 100 WEST DANIA BEACH BOULEVARD DANIA BEACH,FL.33004 FHONE:954-924-3644 OR 954-924-3657d�4 i C� - 19 q FAX 954922 2667 DATE .Ot APP. & I A 2nni SUS - 841 I Caar Tm PROPERTY rOL20 06 - oy000 Hsu Uccut "�I O 6- oyoc (FOR 'OrrIC: USE oHLYJ 1 ) TRANSM OWMEI / •I•RAMrin LOCATION Please fill in all blanss. ?S� ROME 'OCCIJPATIOB loan .rill be returned unless LICENSE ND. All .a DATE ISSU=D ppropriate -blanks are filled LICENst r=t 1A• Mews -cr BIIsINEss 4,14c%o L34 I C(eTn U-6 B WXZSS ADDRESS qS0 Ef r co a-W6 `35 314 BUSINESS pNONE 4S - 736 b7b7 PRINCI AL•S M AND ADDRr.SSES S- nc-Q' . CH 1 o11. , . ' c[3.3o( P a,a � Wo1 - �j, �� oM &+4--j i- 6(4S pGPT E LC,r.v , )L 6cxz3 M4;linq OAdym., VO bQx -Z 5 {� kl�tck5 /� PERSON APPLY NO rOR LICENSE MARE AW RRB1sa box j DATE mr, BIRTH ORIYtL LI ENSE R PMOME OW =R/PLR.SOH APPLYING rOR LICENSE OR CORPORATE MENNERS. .LZST ANY AND ALL AiQ) = OTSER 'TMAN'TurriC vzm=IOMS. TZ Or AA VIGI ATIm— CITY 4 ESTATE MAMR out Or AAJUST OIAATIOH Cjn i Tz W aezCRas IN t{LTAZj. TPE� MATozz or YwR WMINCSi - W U"M.gown. .c n,,a H A TAWwff no. Or SETTS &mvx t STATION M0. or PUNK— En go IF A MANUFACTOR=R N0. Or ENPLOTEffi I o w MARE •Or IMSURANCE CO. ju"ILITT INS. ) Tabm,5 1ws�r�ce PHONE 3i7 74Z 7?f5 a =3T :sAMITATIDM COMPANY P= z o ARE Yw Tat om= Or TSE SUILDING/PROPUM , Ir No. LZST MARL E2 a Al � AND PROM!'. ND. Or OMNZIP AND HAVE ONNSR (OR ONM=R•S AGM) CH) Ho CO!lRL= AUTRORIZATION Imm (ATTACNSOI• > � 0 off. f�Dr l(gOL M M ONN=R OR Any �I Os��v de d� ADORtBs�zaa , � 33 Y 1 PMOR]C s ,1)707-yra ) I M=RZSY CERTIrY TEAT THE ABOVE INrORMATION IS COMPLETE, TRUE AND CMUM=l AND FURTS=R I ERSTAND TRAY ART MISSTATEMENT Or FU=S CURT MED IN TSIS APP ITCH MAY CAUSE MY LICENSE TO BE REVOEED, DATE 7/!4/OS Or APPLWAMT W PATE JUM HiLI. ai 1NdPCC=LD BF W C TT or DARIA Sol NG I7tPART LZUT A wO m PIKE nApsam.L. Ts AR: 4zE."s•.::".� E�LEE3, S ►1"*Ia v Ib!!SIDNs MI?N'a' U CORRECTED WITHIN 15 DAIS OR LICENSE MAY at DENIED. ZONING CERTIr AT ON: PRIOR OWHER/BDSINUSS P 1 U,/e,( „,� �•8�1 ZONING CLAss. mLnmm USE or PROPERrY APPRovCD By oATt TSiS SPACt TOR CZTT INSY=02S ELECT IMP FcG DATE1615 05 Ol DATE 2 Z(o5 - PEM IG imp DA?t o . SIlILa A MPQ OAT= i CIT! MIINA6iR L DUE - �o CITY OF DANIA BEACH Agenda Item # /• 6 Agenda Request Database Date of Commission Meeting: 4-8-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-058 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE DELEGATION REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER,MARINA MILE PARK OF COMMERCE,LLC,TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE'ISGETTE'S RUNWAY"PLAT,PREVIOUSLY RECORDED IN PLAT BOOK 158,PAGE 18,AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30TH AVENUE,SOUTH OF STATE ROAD 84;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE, Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ DR-25-08: The applicant, Miller Legg &Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC,wishes to amend an approved plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street. Resolution Staff Report Application Plat Survey Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit S Submitted by Corinne Lajoie Date Deoartment Director Corinne Lajoie Date Assistant City Manager Date HR Diredor Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-059 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "ISGETTE'S RUNWAY" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 158, PAGE 18, AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30TH AVENUE, SOUTH OF STATE ROAD 84; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the boundary plat known as the "ISGETTE'S RUNWAY" Plat was approved by the Dania Beach City Commission on June 8, 1993 by Ordinance No.12-93 as shown in Exhibit"A", a copy of which is attached to this Resolution; and WHEREAS,the owners desire to change the restrictive note on the plat as follows: The current plat note states: "This plat is restricted to industrial use. Any structure within this plat must comply with Section IV D.I.F. Development Review Requirements of the Broward County Land Use Plan, regarding hazards to air navigation. Commercial/retail uses are not permitted without the approval of the Broward County Commissioners who shall review and address these uses for increased impacts. This note is required by Chapter 5,Article IX,Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners"; and The proposed plat note will read: "Parcel A-1 is restricted to 60,000 square feet of office use, Parcel A-2 is restricted to 100,000 square feet of vocational technical school and the remainder of Parcel A is restricted to Industrial Use"; and WHEREAS, Broward County requires that the City of Dania Beach concur with this revision prior to a review by the Broward County Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the City of Dania Beach approves the proposed revision which changes the restrictive note on the plat to allow office and vocational technical school uses on the "ISGET"ITE'S RUNWAY"Plat, as previously recorded in Plat Book 158, Page 18. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-059 - Exhibit `A' rMy;, ORNMANCE NO. 12-93 - API ORDFNANGE OF THE CITY OF OANIA, "RIDA. . A(2PpoV$(4G VE PLAT OF "ISGETTE'S RUNWAY". SAME .. BEilelt3l A PORTION OF TRACT 5 OF THE SOUTHEAST O1AE- QUARTER 1SE1/4),OF MAP OF SECTION 20, TOWNSHIP 50 , EAST. ACCORDING TO THE PLAT SOUTH. RANGE 42 BOOK 1. PAGE 101, OF THEREOF RECORDED IN PLAT THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA; TOGETHER WITH A PORTION OF THE SOUTH ONE-HALF(S112), OF THE NORTHEAST ONE-QUARTER (NE114), OF THE SOUTHWEST - ONE.QUARTER (SW7/4). OF SAID SECTION 20. AND BEING ALL MORE FULLY DESCRIBED AS FOLLOWS' COMMENCING .. AT THE CENTER OF 3A1D SECTION 20:THENCE SOUTH 01° 5S'03"EAST,ON THE EAST LINE OF THE SOUTHWEST ONE- QUARTER(S1Y1/4), OF SAID SECTION 20. A DISTANCE OF y 739.37 FEET TO A POINT ON THE SOUTH LIMITED ACCESS RIGHT-OF-W THE NE OPpR4TOF INTERSTATE BEGINN BEGINNING: POINT THENCE CURVE, P !< NORTHWESTERLY ON THE SAID RIGHT-OF-WAY LINE,AND ON A CURVE TO THE LEFT,. WHOSE TANGENT BEARS NORTH 75°57'10"WEST,WITH A RADIUS OF 3793.22 FEET t$70.3A CENTRAL ANGLE OF 02-24-26".AN ABC DISTANCE OF 7 FEET TO A POINT OF TANGENCY:THENCE NORTH 78 - - "ia11'39"WEST,ON SOUTH RIGHT-OF-WAY LINE,A DISTANCE .., OF 10.29 FEET;THENCE SOUTH.89'2V00"WEST,ON A LINE - 15 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE QV THE SAID SOUTH ONE-HALF(S112)OF THE N6RT}IEAST ONE-QUARTER INE114), OF THE SOUTHWEST ONE- QUARTER fSW1/4) OF SAID SECTION 20, A DISTANCE OF 1099.S4 FEET: THENCE SOUTH 00°58'15' EAST, ON THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 30.AVENUE.AS ' SHOWN UN PORT 95 COMMERCE PLAT,AS RECORDED,IN ij ` PLAT BOOK 144, PAGE 2, OF THE PUBLIC RECORDS OF I SROWARD COUNTY,FLORIDA,A DISTANCE OF 388.12 FEET: THENCE SOUTH 02°4379" EAST,ON SAID EAST RIGHT-OF- WAY LINE,A DISTANCE OF 278.41 FEET;THENCE NORTH 89 -29'20" EAST, ON THE SOUTH tINE OF THE NORTHEAST ONEOUARTER (NE1/4), OF THE SOUTHWEST ONE- QUARTER (SW7/4), OF SAID SECTION 20, A DISTANCE OF 7266.55 FEET, THENCE NORTH 88.43'35" EAST, ON THE SOUTH LINE:OF THE NORTHWEST ONE-QUARTER (NW11OF SAID OF THE4), SECTION 20.ATDISTA14CE OF HEAST 202.58 FEET;THENCE NORTH Ordinance No. 12-.93 - 3 RESOLUTION#2008-059 6o54'G@: MST. ON THE WEST RK3HT--ol"y"Y-LINE OF TRAM RpAp,AS RECORDED N DEED BOOK 573,PAGE 114, OF THE PUBLIC FtECORDS OF SROWARD COONTY. FLORIOA,A.DISTANCE OF 7138 FEET; THENCE SOUTH B9" 10'41"WEST,A DISTANCE OF 20271 FEET;THENCE NORTH 01.5$*3" WEST. ON THE EAST LINE OF THE SAID ... SOUTHWEST ONE-QUARTER {SW1Ny, OF 3EBTlON 20. A .. DISTANCE OF 285.02 FEET:THENCE NORTH 83049'41"EAST, s .ON THE SOUTH LINE OF THE NORTH 50.00 FEET OF ONIE- THE q UATRFT�ER(SW;4), OFLF THEONORTHWEST THE SOUTHWEST OUARTER S(NWAID SECTION 20,S OUTHEAST ONE-QUARTER E A DISTANCE OFF 20769 FEET AID THENCE NORTH oo-54$S"{NEST.ON THE SAID WEST AIOHT-OF•WAY EET TO A POINTLINE DISTANCEF TRW ROAD. A F ON THE SAD SOUTH LIWTED ACCESS RIGHT-OF- WAY LINE TO INTERSTATE 595.AND'A MINT ON A CURVE; + ` `THENCE NDRTHWESTERLY ON SAID RiOHT-OF-WAY LINE, . AND ON CURVE TO THE LEFT. WHOSE TANGENT BEARS NORTH 72^35'05"WEST, WITH A RAD9JS OF 3793.22 FEET -�' AND A CENTRAL ANGLE OF 03'22'05",AN ARC DISTANCE OF Yy n-297 FEET TO THE POINT OF BEGINNING: SAID LAND STUATE, L`MNG AND BEING IN 9ROWARD. COUNTY, R.ORIDA, AND CONTAINING 20.053 ACRES MORE OR LESS;AND ACCEPTING THE DEDICATION FOR PUBLIC USE OP pLL STREETS.HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF"ISGETT€'S RUNWAY`, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFI;,ICT HEAE:WITH BE REPEALED TO THE EXTENT OF SUCH CONFL,XT:AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORPNINEOSY THE CITY OOMMISSION OF THE CITY OF DANIA,FLORIDA:sed . ;oe1 That the Plat of'ISGETTE'SF2UNWAY",same being! A PORTION OF TRACT 5 OF THE SOUTHEAST ONE-QUARTER I[SE1/4) OF MAP OF SECTION 20. TOWNSHIP 59 SOUTH, RANGE 42 EAST, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 1000R THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA:TOGETHER 1 LNTTHA PORTION IC THE SOUTH ONE-HALF(Si/2).OF THE NORTHEAST ONE-OlUARTER (NE114). OF THE SOUTHWEST ONE-QUARTER BED AS OF .^�TAID SECTION 20, AND BEING ALL MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 20; ON THE T LINE OF THE THENCE SOUTH Dl'55*03" EAST. HWESTT ONE-QUARTER{S1A5/4),OF SAID SEECATISON 20 A DISTANCE SOUTHWEST 2 Onomance He 32-93 4 RESOLUTION#2008-059 a .. > OF 739 POINT TO A PT ON THE SOUTH UNITED ACCESS RGHT• - OF WAY LINE OF INTERSTATE 595;A POINT ON A CURtlE At➢D THE ' PONT Of SEGINNINC THENCE...I WESTERLY ON THE SAID RIGRT• OF-1nlAY UNIF AND O ON A CURVE. TO THE LEFT, i+MOSE TANGENT WI .. BEARS NORTH 75.57'10"WEST. TH A RADIUS OF 3795.22 FEET AND A CENTRAL ANGLE OF 02.24'26'.AN ARC DISTANCE OF 15737 FEET TO A POINT OF TANGENCY; THENCE NORTH 78.2136' V¢ST, t)DI SOUTH POINT-OF-WAY LINE.A DISTANCE OF 10.29 FEET:THENCE SOUTH 89• - ITH THE 20.00-WEST,ON A LINE 15 FEET SOUTH OF AND PARALLEL N RTHEAST � NORTH LINE OFNT4HE SAID SOUTH ONE-HALF IS1k)OF, SAID SEC ON 28E114).OF THE SOUTHWEST ONE4UARTFR A DISTANCE OF 1099.84 FEET;THENCE SOUTHH W 58'15" EAST, ON THE FAST RI('HT-OF-WAY LINE OF SOUTHWEST 30 _ PLA ;RE-CORDED IN TUBOOK >44.PGE ON PORT THE PUBERCE PLAT.AE LIC RECORDS OF BROWARD p. OUNTY. FLORIDA.A DISTANCE OF 388.12 FEET; THENCE SOUTH"02• 4T18'EAST.ON SAID EAST RIGHT-0E-WAY LINE.A DISTANCE OF 278.41 FEET: THENCE NORTH 89'29'2(P EAST, ON THE SOUTH LINE OF THE ouTHWEQUA RTER fTW ONE-QUARTER4)OF SAID SEC ON 20,AE114) FDLSTANCE OE 288555 FEET. --.. THENCE NORTH 88.43'35' EAST. ON THE SOUTH LINE, OF THEONE- (NW11 OF THE . NORTHWESTEAST ON OFUSAIO SEC ON Y0.ARTER A DISTANCE OP?A2-50 FEET: THENCE NORTH 00054'58'WEST,ON THE WEST RIGHT-OF•WAY LINE OF TRAM ROAD, AS RECORDED IN DEOE�B�O 573.FLORIDA.A DISTANCE OF - I it,OF THE PY18LE RECORDS OF BROWAR I 7A8 FEET: THENCE SOUTH 9-%ES' WEST, A DISTANCE OF T 20 SAID I SOUTHTHENCE NORTH WEST ONE-QUARTER(SW 4)TOF SECTION 20,A ON THE CAST �DISTANCE OF 285.02 FEET:THENCE NORT 88°494THE1'EAST,ON T SOUTH LINE OF H THE NORTH $0,00 FEET OF THE SOUTHWEST ONE-QUARTER (SW1 SOUTH THE NO THWESTFONE- QUARTER (NW114), OF THE SOUTHEAST ONE-QUARTER (NORTH OF SAID SECTION 20..A DISTANCE OF 207.69 FEET: THENCE NORTH 00' 7i 54.58"WEST,ON THE SAID WEST RIGHT-OF-WAY LINE OF TRAM ROAD, j A DISTANCE OF 2T8.19 FEET TO A POINT ON THE SAID SOUTH LIMITED 1 CCESS RI THEGHT-OF.WAY LINE NCE NORTHWESTERLY ON SAID RIGHT-OF-WAY INE INT ON ON CURVE TO THE LEFT,WHOSE TANGENT BEARS NORTH 72GLE NTRALOF 03' r WEST.WITH THAR DI DISTANCE OF 22297N FEETETO THE POINT Of -' BEGINNING: SAID LAND SITUATE: LYING AND BEING E OR BR ENS; OUNTY.FLORIDA,AND COfNT �respect t20.8853the C�a1 Dania consenla -; is hefaby axePted and 9PPr°Vatl. at ucay ba in the Public Records of Broward GourM1y,Florida. agree$th s h plat m few -� Ordh+alrce No. 12-93 I q; - 5 RESOLUTION#2008-059 . t• �I . . � Iyin ytadNrappwafl etag egarrcies of 8roward Gomoy Flwda,hatang.IuftdwOW in the _ - Mader. _ ram.", ,d,*Vwt�w pubfic use of all streets.highwaye and"Oelo"as shown anont Lefesid gS�n,E,g yyAY''iehereuy amepfed 6yihe City of Dlnis. Fhnda. . . . . Thal ad wdmanoelw parts of wdisancec and alt reaoAsions w peft of . msoW ilict hptewith be god the rams are hereDY repealed to the azlentoi sum tonflfet. Thai"ordinance,Slue,be,n forts and take eded ehMadately upon ds final passage and adoption.' PASSED and ADOPTED,CM Fast Read"a+Tha..,z�tn dayaf 74y .1993. "Final Reading otl are ate ray of 1 P O WO Al70PiEO onSetOnd _ . doA Ott ST: MAYOR-CO &WNER �f't,T�CITY CLE AUDITOR , APPROVEDA9 TO FORM&,CGRREOTW-P By 7i „t� G'ferEfi� . FRANR -AOLER.CITY ATTOR YEY 4 ordinance No.. 12-93 6 RESOLUTION#2008-059 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 8, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner C 0j4- SUBJECT: DR-25-08: The applicant, Miller Legg & Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, wishes to amend an approved plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street. DELEGATION REQUEST To change the note on the plat to allow office and vocational technical school. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial The perimeter plat for this property was approved by the City Commission on February 27, 2007 and a previous delegation request was approved on May 8, 2007 to change the location of a vehicular access opening. The applicant is now requesting to change the note on the plat. The current plat note states: "This plat is restricted to industrial use. Any structure within this plat must comply with Section IV D.I.F. Development Review Requirements of the Broward County Land Use Plan, regarding hazards to air navigation. Commercial/retail uses are not permitted without the approval of the Broward County Commissioners who shall review and address these uses for increased impacts. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners." The propose plat note will read: "Parcel A-1 is restricted to 60,000 square feet of office use, Parcel A-2 is restricted to 100,000 square feet of vocational technical school and the remainder of Parcel A is restricted to Industrial Use." STAFF RECOMMENDATION At the discretion of the City Commission. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Um Cl Land Use Amendment 4 '"711 ❑ Plat ® Plat Delegation Request ❑ Rezoning b1AR 2 10pg Date Rec'd: a� g ❑ Site Plan ❑ Special Exception ;ing Petition No.. ❑ Trafficway Waiver ; ` ' ❑ Variance i `-lnent ❑ Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT I5 COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Citys Building Department. Location Address: East side of SW 30 Avenue, South of SR 84 Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: Isgette' s Runway FolioNumber(s): See Exhibit 1 Legal Description: See Attached Sketch & Legals Applicant/Consultant/Legal Representative(circle one) Miller Legg/Jill Cohen Address of Applicant: 1800 N. Douglas Road Pembroke Pines, FL 33024 Business Telephone:954-436-7000 X255Home: N/A FaX: 954-436-8664 Name of Property Owner: Marina Mile Park of Commerce. LLC Address of Property Owner:814 S . Military Trail, Deerfield Beach, FL 33442 Business Telephone:954-596-2411 Home: Fax: 954-480-6250 Explanation of Request: Plat Note Amendment For Plats please provide proposed Plat Name for Variances please attach Cifteiia Statement as per Amide 10.13 of Chapter 28,Zoning Code. Prop. Net Acreage: N/A Gross Acreage: Prop. Square Footage: 60, 000 sf office 100,000 sf vocational tech school Existing Use: Vacant Proposed Use: 60, 000 sf office 100,000 of vocational tech school Is property owned individually, by a corporation,or a joint venture? LLC I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/ I tJRep ntative: This -'L( day of Ar&k 20Z Signat Date: Robert Miller Sign Name of Nota Public U (Print Name) State of 814 S. Military Trail, -}�CrIAI GYILU/'ll_ 'Y I fllYlLp� Deerfield Beach, FL 33342 Print Name of Not# Street Address, City, State and Zip Code Commission Expires: NOU• S, zab 954-596-2411 (p)/ 954-480-6250 (f) Seal: Comm Enyn HWOKAK Telephone No. &Fax No. p MN comm'sMan D03WW �ia�ao EvmNovMnw05.2M INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. i r Exhibit 1 ID# 504220500010 Pantropic Power, Inc. ID# 504220500011 Kenan Transport Company ID# 504220500012 Marina Mile Park of Commerce ID# 504220500013 Southern Waste Systems tY Y ; 9p xsf �7>i t a I�333 r 14AR 2 5 2008 4s " w ay 11i •, , . PROPERTY APPRAISER n i - q i b l i l}✓ yi�y �yf�K i by .h � ' y b v 3 i ISH cS V pia. II ITO • • Los welywa ' Ili Broward County Property Appraiser's Network Page 1 of I LORH PARRISM If you are looking to purchase this property,the lax amount shown may have no relationship to the taxes you will pay. BR '-�yAy�lA{Q M If you are looking to purchase this property and are not using portability to transfer any ' `+ " `• `L IMPORTANT: capped savings,please use our Tax Estimator to determine a more likely estimate of .i COUNTY your new amount. If you own a home in Florida.and want to see how much portability will save you,try our Portability Estimator. lMfr1011f � 111lM MN ►rAffT 1� qA�M OCM HOME Click here to display your 2007 Tax Bill. Site Address ID# 5042 20 50 0012 Property Owner PANTROPIC POWER INC Millage 0412 Mailing Address 18205 NW 58 ST MIAMI FL 33166 Use 40 Legal ISGETTES RUNWAY 158-18 B A FOR OF PAR A,DESC AS,BEG NW COR OF SAID PAR Description A,E 772.87,S 381.8,W 220.24,S 67.090 557.01 TO W/L OF PAR AN61.15,N 388.12 TO POB Property Assessment Values Year Land Building Land Value AG I Just Value Tax Current $3,263,100 $3,263,100 2007 $3,263,100 $3,263,100 #$768,895.24 2006 Assessed/ Exemptions SOH Value Type Wid/VoVDis 1st Homestead 2nd Homestead Non-Exempt $3,263.100 $3,263,100 $3,263,100 2007 Assessed I SOH Value 2006 Assessed I SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 8/2/2007 WD $3,930,800 44427 353 $9.75 334,677 SF Adj. Bldg.S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 04 IDS A DS 7 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. i MGR p 5 2008 i hnD://www.bcDa.net/RecInfo.asv?URL Folio=504220500012 3/20/2008 Map Page 1 of 1 LORI PARISH BF�(,M RD r► COUNTY ��.caaei r Kenan Trans oft Co m any 0 37fl Created on 3Q0/2008 9:51 56 AM using ACCIMS 4.0.1. Copyright 2003 Broward County Property Appraiser r'I. I+ MAP 2 5 2008 " } httrr//66.55.51.198/man nrint.asn?folio=504220500011&folionum=&minX=925875.993669089&minY=63... 3/20/2008 Broward County Property Appraiser's Network Page 1 of 1 If you are looking to purchase this property,the tax amount shown may have no LORI'PARRISH relationship to the taxes you will pay. Bp RPM A fj�p n If you are looking to purchase this property and are not using portability to transfer any +P COUNTY IMPORTANT: capped savings,please use our Tax Estimator to determine a more likely estimate of your new amount. • � If you own a home in Florida,and want to see how much portability will save you,try our Portability Estimator. ►�MOII$i � ti�MA► ►�IIT I�w iiA�r'M KM i1101N Click here to display your 2007 Tax Bill. Site Address 3201 SW 26 TERRACE , DANIA BEACH ID 4 5042 20 50 0011 Property Owner KENAN TRANSPORT COMPANY Millage 0412 %AMY LOWDERMILK Use 48 Mailing Address PO BOX 35519 CANTON OH 44735-5519 Legal ISGETTES RUNWAY 158-186 PART OF PARCEL A DESC'D AS,COMM AT C/L OF SEC Description 20,S ALG E/L OF SW1/4 FOR 739.37 TO PT ON LTD ACCESS LINE FOR 1-595& POB,NWLY 159.37,WLY 10.29,W 248.33,SLY 381.11,ELY 620.10,NLY 273.19 TO S R/WIL 1OF LTD ACCESS RIW FOR I-595,NWLY ALG SAME 222.97 TO POB,LESS E 27 FOR RD Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $1,686,100 $282,630 $1,968,730 2007 $1,686,100 $282,630 $1,968,730 $46,903.00 2006 $1,686,100 $282,630 $1,968,730 $49,320.14 Assessed/ Exemptions SOH Value Type WidNeVDis 1st Homestead 2nd Homestead Non-Exempt $1,968,730 $1,968,730 $1,968,730 2007 Assessed/SOH Value $1,968,730 2006 Assessed/SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 10/5/1993 WD $650,000 21336 810 $8.00 57,505 SF $8.00 153,258 SF Adj. Bldg.S.F. (See Sketch) 11880 Eff,Year Built 1996 Special Assessments Fire Garbage Light Drainage Improvement Safe D4 DS W DS 11880 216.8 Please Note:Assessed values shown are NOT certified values and are subject to change before Pinal certification forad valorem taxlpYr30V;$ -„ ij 1 VIM 2 5 2008 { ,1 t w �yr „rtu",rfr&t httD://www.bcDa.net/Reclnfo.aso?URL Folio=504220500011 3/20/2008 Map Page 1 of 1 n.. COUNTY f"^ .bas:2TIdI ■ C�%3ordiV /.f. %r f i7 Marina Mile Park of Commerce 0 (i 49ft Created on 3/20/2008 10.10.57 AM using AmIMS 4.0,1.Q Copyright 2003 Broward County Property Appraiser IdGR 2 5 1008 e 24 9 httn•//66.55.51.198/man nrint.asn?folio=504220500010&folionum=504220500010&minX=924987.695291... 3/20/2008 Broward County Property Appraiser's Network Page 1 of 1 LQRLPA,RR,i If you are looking to purchase this property,the tax amount shown may have no relationshipto the taxes you will pay. Bpy��A�j� If you are looking to purchase this property and are not using portability to transfer any r.r�)N0 IMPORTANT: capped savings,please use our Tax Estimator to determine a more likely estimate of i►- COUNTY your new amount. • -� If you own a home in Florida,and want to see how much portability will save you,try our 17211 Portability Estimator. MIMOKI: � tilE�MM t�fT fM'w >IiAACN ACM 110111� Click here to display your 2007 Tax Bill. Site Address DANIA BEACH ID# 5042 20 50 0010 Property Owner MARINA MILE PARK OF Millage 0412 COMMERCE LLC Use 40 Mailing Address 814 S MILITARY TRL BLDG#6 DEERFIELD BEACH FL 33442 Legal ISGETTES RUNWAY 158-18B PARCEL A LESS PT DESC'D AS,COMM AT C/L OF SEC Description 20,S 739.37 TO POB NW 159.37,NW 10.29,W 248.33,SLY 381.11,E 620.10,N 273.19,NWLY 222.97 TO POB&LESS E 202.58 OF S 7.08 OF PARCEL A&LESS PART INC'D IN OR 31239/350,LESS A FOR OF PAR A,BEG NW COR OF PAR A ALG N/L E 772.87,S 381.8,W 220.24 S 67.090 557.01 TO W/L OF PAR A N 61.15,N 388.12 TO POB Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $1,485,050 $1,485,050 2007 $1,485,050 $1,485,050 $31,972.02 2006 $2,072,780 $2,072.780 $48,770.94 Assessed/ Exemptions SOH Value Type WidNeVDis 1st Homestead 2nd Homestead Non-Exempt $1,485,050 $1,485,050 $1,485,050 2007 Assessed/SOH Value $2,072,780 2006 Assessed/SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 8/10/2006 SWD $5,700,000 42588 1516 $9.75 152,313 SF 10/7/1999 WD $2,200,000 29958 1900 11/5/1996 CET $100 25650 595 Adj. Bldg.S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS A DS 1122 3.5 Please Note:Assesses values shown are NOT certified values and are ', subject to change before final certification for ad valorem tax purposes. ....,, .. 1 � I�AR � 5 1000 a fig httn-//www.hcna.net/RecInfo.asD?URL Folio=504220500010 L sue; g� 3/20/2008 Map Page 1 of 1 LOR'r9ARRiSH COUNTY Bf�;<,kWARD , . 3m j`�•.. bmlA1B: n-I ■ Cwry BartlrY Southern Waste S stems g _ 44fl Created on 3/20/2008 9'.57 24 AM using AmIMS 4 0.1.(D Copyright 2003 Broward County Property Appraiser r-7 T j MAR 2 5 2000 • { let°..;1t� httn-um SS S1 19R/man nrint acn?fnlio=504220500013&folionum=&minX=925594.163669089&minY=63... 3/20/2008 Broward County Property Appraiser's Network Page 1 of 1 LORI fMR1SH If you are looking to purchase this property. the tax amount shown may have no relationship to the taxes you will pay. ���� �� If you are looking to purchase this property and are not using portability to transfer any nO r.- COUNTY IMPORTANT: capped savings.please use our Tax Estimator to determine a more likely estimate of your new amount. If you own a home in Florida.and want to see how much portability will save you,try our Portability Estimator. ►�[g011! � r�IiIA► ►�R N!w �AwCN KM NOMi Click here to display your 2007 Tax Bill. Site Address 13251 SW 26 TERRACE , DANIA BEACH ID# 5042 20 50 0013 Property Owner ISOUTHERN WASTE SYSTEMS LTD Millage 0412 Mailing Address 1790 HILLRATH DR LANTANA FL 33462 Use 41 Legal ISGETTE'S RUNWAY 158-18 B THAT PART OF PARCEL A INCLUDED WITHIN THE Description FOLLOWING DESCRIPTION BEG AT NE CDR OF PARCEL H OF RUNWAY LAKES III'S ELY 903.96 TO 1 7.58 W 716.40 NLY 284.18 ALG E/L OF PARCEL A&H FOR 292.11,W 6 , POB,MORE FULLY DESC'D IN OR 31239/350 Property Assessment Values Year Land Building Land Value AG I Just Value Tax Current $1,587,610 $2,177,620 $3.765,230 2007 $1,587,610 $2,177,620 $3,765,230 $83,891.43 2006 $1,438,800 $1,979,650 $3,418,450 $83,255.15 Assessed/ Exemptions SOH Value Type Wid/Vet/Dis 1st Homestead 2nd Homestead Non-Exempt $3,765,230 $3,765,230 $3,765,230 2007 Assessed I SOH Value $3,418,450 2006 Assessed/SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 1/26/2001 SW* $1,000,000 31239 350 $8.00 198,416 SF $0.10 2.840 SF Adj. Bldg.S.F. (See Sketch) 50636 Eff.Year Built 2003 ' Denotes Multi-Parcel Sale(See Deed) Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS W IDS 50636 115.8 Please Note:Assess'ec values shown are NOT certified values arid are subject to change before`.na car,rcation for ad valorom;ax purposes. x� . e Y• f7! 31 MUR 2 5 200E t8t — 3/20/2008 httn•//www hcna net/RecTTtfn.aqn?TTRL Folio=504220500013 March 24, 2008 Re: Isgette's Runway Plat Note Amendment MP: 060-MP-93 PB 158/ PG. 18 Current "Isgette's Runway" Note for entire plat: This plat is restricted to industrial use. Any structure within this plat must comply with Section IV D.I.F. Development Review Requirements, of the Broward County Land Use Plan, regarding hazards to air navigation. Commercial/retail uses are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of Count Commissioners. Proposed "Isgette's Runway" Note for entire plat: Parcel A-1 is restricted to 60,000 square feet of office use (see attached legal description), Parcel A-2 is restricted to 100,000 square feet of vocational technical school (see attached legal description), and the remainder of Parcel A is restricted to Industrial Use. 11'1" 1_VPV 10 MAR 2 1 2008 V:w ro) 329-Marina Mile Park Of Commerce\Documents\Application\Piat Note Amendment Isgette's Runway03-21- 08.doc SHEET 1 OF 3 DESCRIPTION: (PARCEL A-2) A PORTION, OF PARCEL "A" OF , 'ISGETTE'S RUNWAY", AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'20'00" EAST 7.00 FEET TO THE POINT OF BEGINNING #2; THENCE CONTINUE NORTH 89'20'00" EAST 765.87 FEET, THENCE SOUTH 01'55'03" EAST 381.80 FEET; THENCE SOUTH 88'49'41" WEST 220.24 FEET; THENCE SOUTH 00'54'58" EAST 67.09 FEET; THENCE SOUTH 89'29'20" WEST 538.02 FEET, THENCE NORTH 02'43'30" WEST 50.71 FEET; THENCE SOUTH 87'16'30" WEST 12.00 FEET, THENCE NORTH 02'43'30" WEST 9.04 FEET; THENCE NORTH 89'19'57" EAST 2.96 FEET; THENCE ALONG A LINE PARALLEL WITH AND 10.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", NORTH 00'58'15" WEST 40.00 FEET; THENCE SOUTH 89'19'57" WEST 3.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", NORTH 00'58'15" WEST 350.00 FEET TO THE POINT OF BEGINNING #2. SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 330659 SQUARE FEET (7.591 ACRES) MORE OR LESS. TOGETHER WITH INGRESS/EGRESS EASEMENT, DESCRIBED AS FOLLOWS: A PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'19'57" EAST 7.00 FEET, THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET, THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 110.23 FEET, THENCE NORTH 87'16'30" EAST 405.98 FEET TO POINT OF BEGINNING #3; THENCE CONTINUE NORTH 87'16'30" EAST 94.33 FEET TO A POINT ON A 54.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS POINT BEARS NORTH 56'22'15" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'58'43" AN ARC DISTANCE OF 22.60 FEET TO A POINT OF REVERSE CURVATURE OF A 30.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 57'36'27" AN ARC DISTANCE OF 30.16 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'00'00" WEST 28.29 FEET TO A POINT OF CURVATURE OF A 80.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 26.22 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18'46'44" EAST 96.74 FEET; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A", SOUTH 89'29'20" WEST 62.23 FEET; THENCE TOWARDS THE RADIUS POINT OF THE NEXT DESCRIBED CURVE NORTH 00'23'23" WEST 8.82 FEET TO A POINT ON A 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108'23'21" AN ARC DISTANCE OF 37.83 FEET TO A POINT OF TANGENCY; SKETCH SEE SHEET 3 OF 3 FOR SKETCH SKETCH & DESCRIPTION REPRESENT A BaDDARY"SURVEY L1R as-� CERTIFIED TO: MINIMUM TE�diHICALTIFYTMSTANDARDS AS SET FORTH BY I HEREBY�, S INEICH MEETS TH THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS D,1m r4 "°` MARINA MILE PARK OF COMMERCE LLC AM MAPPERS IN CHAPTER B1O17-6. FLORIDA ..' 4MMSSTRA71V DAE CODESTATUTES.UMT TO SEC71ON DATED THIS 2M DAY OF MARCH 2OOB A.D. I a rg rang ��� PR� AM APPER wep;jrtTHlILjM I L L E R KL E G G STATE aF FLORIDA UCE Nu AND No rN,o'NBIOUT M lON7Wt ANO TiN:BNBN/A RA®!Al RI A R!>ADA UL9®11016 .AND M/AOt o,rz REVISIONS ow "" 9aM FigM9 b'dw Pk NoM OppW R320 SWAP 290 O➢Ui1CA OF AVBIO07AT10! UONO Pe5M4F6 PNn.Firth•330216M 2220 951-19w"A•F llsomm 8-08&1 vxo.[tt3 ruc nn oRAMN BY. Lo aaa® BY: wrwmBNMOO.aom 08-00329 r' -MNBu MT[►ABc Oi MIIRaC�.BR 31VX by IBRY v SHEET 2 OF 3 THENCE NORTH 18'46'44" WEST 49.89 FEET TO A POINT OF CURVATURE OF A 110.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 36.05 FEET TO A POINT OF TANGENCY; THENCE NORTH 10.63 FEET TO A POINT OF CURVATURE OF A 60.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64'35'47" AN ARC DISTANCE OF 67.65 FEET TO THE POINT OF BEGINNING #3. TOGETHER WITH ANOTHER PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 8919'57" EAST 7.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET; THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 10.23 FEET; THENCE NORTH 87'16'30" EAST 12.00 FEET TO POINT OF BEGINNING #4; THENCE CONTINUE NORTH 87'16'30" EAST 524.87 FEET; THENCE SOUTH 00'54'58" EAST 100.05 FEET; THENCE SOUTH 87'16'30" WEST 521.71 FEET, THENCE ALONG A LINE PARALLEL WITH AND 19.00 FEET EAST OF SAID WEST LINE OF PARCEL 'A", NORTH 02'43'30" WEST 100.00 FEET TO THE POINT OF BEGINNING #4. ALL THE ABOVE SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. SEE SHEET 3 OF 3 FOR SKETCH MILLERAN LEGG SMOPM rONWINBMea�uu4 wd-aur7ao Cwtllkab of Authorization LB. E680 7M SID:TCH DOES NOT R84tMff A BOUNDARY SURVEY FaieNa ftm RaM�-mmc mo MN4.%7UW•FQ YY196wM Mlm!ML n[Ila —jaw**= =NnRWC-=A= 1'MCRZP22M 06-00329 M -MW~m MU FM(ai ] by UMT SHEET 1 OF 2 DESCRIPTION: (PARCEL A-1) A PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PORTION DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #1; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A", NORTH 89'29'20" EAST 16.49 FEET TO THE POINT OF BEGINNING #1; THENCE NORTH 06'46'17" EAST 0.13 FEET TO A POINT ON A 2729.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE WEST WHOSE RADIUS POINT BEARS SOUTH 89'43'58" WEST: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'28'40" AN ARC DISTANCE OF 118.01 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 02'43'30" WEST 99.05 FEET; THENCE NORTH 89'29'20" EAST 537.99 FEET; THENCE SOUTH 00'54'58" EAST 217.10 FEET TO THE SOUTH LINE OF SAID PARCEL "A THENCE ALONG SOUTH LINE OF SAID PARCEL "A" SOUTH 89'29'20" WEST 533.67 FEET TO THE POINT OF BEGINNING #1. SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 116147 SQUARE FEET (2.666 ACRES) MORE OR LESS. TOGETHER WITH INGRESS/EGRESS EASEMENT, DESCRIBED AS FOLLOWS: A PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #1; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'19'57" EAST 7.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET; THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 110.23 FEET; THENCE NORTH 87'16'30" EAST 405.98 FEET TO POINT OF BEGINNING #1; THENCE CONTINUE NORTH 87*16*30" EAST 94.33 FEET TO A POINT ON A 54.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS POINT BEARS NORTH 56'22'15" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'58'43" AN ARC DISTANCE OF 22.60 FEET TO A POINT OF REVERSE CURVATURE OF A 30.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5736'27" AN ARC DISTANCE OF 30.16 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'00'00" WEST 28.29 FEET TO A POINT OF CURVATURE OF A 80.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 26.22 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18'46'44" EAST 96.74 FEET; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A", SOUTH 89'29'20" WEST 62.23 FEET; THENCE TOWARDS THE RADIUS POINT OF THE NEXT DESCRIBED CURVE NORTH 00'23'23" WEST 8.82 FEET TO A POINT ON A 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108'23'21" AN ARC DISTANCE OF 37.83 FEET TO A POINT OF TANGENCY; THENCE NORTH 18'46'44" WEST 49.89 FEET TO A POINT OF CURVATURE OF A 110.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 36.05 FEET TO A POINT OF TANGENCY; THENCE NORTH 10.63 FEET TO A POINT OF CURVATURE OF A 60.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6435'47" AN ARC DISTANCE OF 67.65 FEET TO THE POINT OF BEGINNING #1. TOGETHER WITH ANOTHER PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'19'57" EAST 7.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET; THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 10.23 FEET; THENCE NORTH 87*16*30" EAST 12.00 FEET TO POINT OF BEGINNING #2; THENCE CONTINUE NORTH 87'16'30" EAST 524.87 FEET; THENCE SOUTH 00'54'58" EAST 100.05 FEET; THENCE SOUTH 87'16'30" WEST 521.71 FEET; THENCE ALONG A LINE PARALLEL WITH AND 19.00 FEET EAST OF SAID WEST LINE OF PARCEL 'A", NORTH 02'43'30" WEST 100.00 FEET TO THE POINT OF BEGINNING #2. ALL THE ABOVE SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. THIS SKETCH DOES NOT SEE SHEET 2 OF 2 FOR SKETCH SKETCH AND DESCRIPTION REPRESENT A BOUNDARY SURVEY dS� CERTIFIED TO: I HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61C17-6, MARINA MILE PARK OF COMMERCE, LLC FLORIDA s,RAnYE CODE PURSUANT To SECTIONa2oz7, b FLORIDALOSTATUTES, RIDA STATUTES. DAZED THIS m DAY OF MARCH D. PROFESSIK AL SURVE AN MAPPER M I L L E RN�E G G STATE OF FLORIDA REgSTR No.O5537 ROI L/27/'W REVISED - ADDED INCRESS/EfwESS EASEMENT LD KL NOT VALKI FVAIHOUTFLO THE SIGMA ED AND THE ORIGINAL RNSED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER R E V I S 1 0 N S South Florida Office:1800 North Douglas Road•Suite 2D0 CERTIFICATE OF AUTHORIZATION. lB668O Pembroke PIneS,Florida•33024-3200 PRO ECT ND. ME N0. 954.436-700D-Fax:964.436-8664 06-00329 DRAWN BY: LP CHECKED BY: KL www.milledegg.com V:\pmjO t.\2006\De-00328 - Main MOO Park Of Comm" \Dro Mp\S"y1^0\08-0032YSD.ROP-NVALd"g Thu 03/27/2008 12:30P By Idly SHEET 2 OF 2 LEGEND: 1-5 CJ 5 A - Central Angle R - Radius L - Length P.O.B Point Of Beginning P.O.C. = Point of Commencement r tfOo V B.C.R. Broward County Records n 3 D.C.R. Dade County Records ,w O.R.B. Official Records Book P.B. = Plat BookrA S.W 36th ST. NW PG. = Page SM � CORNER R/W = Right-of-Way LOCATION PARCEL PARCEL " SEC. = Section "ISGETTRUNWAY" = Centerline P B 158 WA +++- = Non Vehicular Access Line (Per Plot) PG.18, B.C.R. SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST LOCATION MAP NOT TO SCALE PARCEL $'A'$ a I - - - - _ - - PROPOSED i "ISGETTE'S Y Q I INGRESS/EGRESS " 0-U 1 I 537.99' EASEMENT N8929'20"E RUNWAY Z WN I 1 N09.9�, "W (P.B. 158 D 20 PG 18 o to' UTILITY J n U .00 1 EASEMENT \ W B.C.R.) N µ R/w PER (P.B.158, �I� ED C �i W 0,.- PER I PG.18 B.C.R.) 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N W � W ,j _.s=.JrJa :!� � i ils�3rreoraroe � —^ ii ,wwar 4arr,a - t/Nn lrv— t mrro so yam_ -" - rr/fi.•y yy,./y..y,.y�y- -. / lnrrro.awulr/ fy7Y71►p-er) eppeA910N /3 y77'er 1(3/ t3/IrI NJ Ill I/r -�lrel3le3Nrw Se IM4.3Nn[SI3 q•�—__�_ '' •. 3/1 N 3 A d 411 OF x UNSAFE STRUCTURES BOARD ��• MEMBERSHIP Tuesday, April 01, 2008 Name/Address Date Term Position Phone Number Appointed Gene Bieber 805 NW 8`h Avenue March 23, 2005 Dania Beach, FL 33004 March 22, 2005 through Architect 954-920-5271 March 22, 2008 Pat Rafacz 610 Trafalgar Court Dania Beach, FL 33004 March 23, 2005 Citizen with Dania leach, January 24, 2006 through experience in 954-921-8729 March 22, 2008 Social Problems 5877 Harry Hippler 215 N. Federal Highway March 12, 2006 Dania Beach, FL 33004 May 23, 2006 through Attorney 954-925-8228 March 11, 2009 William Sargent 118 NE 3rd Street March 14, 2007 Electrical Dania Beach, FL 33004 March 27, 2007 through Contractor 954-920-2345 March 10, 2010 Jack Mitchell Mitchell &Associates 111 SW lst Street March 14, 2007 Dania Beach, FL 33004 March 27, 2007 through Engineer 954-907-0239 March 10, 2010 Frank Hill 267 SW 121h Street March 14, 2007 General Dania Beach, FL 33004 March 27, 2007 through Building 954-922-5558 (H) March 10, 2010 Contractor 954-920-8126 (W) Andy Greene c/o Sam Jolley's Plumbing 55 NW 1"Avenue March 12, 2006 Plumbing May 23, 2006 through Dania Beach, FL 33004 March 11, 2009 Contractor 954-922-6252 GABoards\Boards 07-09\Unsafe structures Board\Unsafe Structures Board Membership.DGC Page 1 of 2 UNSAFE STRUCTURES BOARD MEMBERSHIP Tuesday, April 01, 2008 Name/Address Date Term Position Phone Number Appointed Steve Lupo 101 Fronton Boulevard March 23, 2005 Real Estate Dania Beach, FL 33004 March 22, 2005 through 954-295-7745 March 22, 2008 Appraiser Patty Hart 517 NE 2A Place Dania Beach, FL 33004 March 12, 2006 Real Estate Dania teach, L May 23, 2006 through Property 954-895-8179 (C) March 11, 2009 Manager GABoards\Boards 07-09\Unsafe Structures Board\Unsafe Structures Board Membership.DGC Page 2 of 2 UNSAFE STRUCTURES BOARD (9 Members appointed by the City Commission - 3 Year Term) The City of Dania Beach City Commission adopted the South Florida Building Code which provides for the creation of an "Unsafe Structures Board". PURPOSE The purpose of this Board shall be to determine appeals from actions and decisions of the enforcing agency pursuant to the provisions of the applicable minimum housing code. MEMBERSHIP AND QUALIFICATIONS The Board shall consist of nine (9) members appointed by the City Commission. The Board shall be comprised of the following: ➢ A registered engineer ➢ A registered architect ➢ A general contractor ➢ An electrical contractor ➢ A plumbing contractor ➢ An attorney ➢ A real estate appraiser ➢ A real estate property manager ➢ A citizen with experience and background in the field of social problems All members should be registered and licensed in the State of Florida. Members shall be permanent residents of the City of Dania Beach who possess outstanding reputations for civic activity, integrity, responsibility, and business or professional activity. In the event the City Commission cannot find a properly qualified resident within the City, they may, by a majority vote, appoint a qualified non-resident of the specified categories or professions. Members shall serve without compensation, but shall be entitled to reimbursement for necessary expenses incurred in the performance of their official duties, upon approval of the City Commission. FINANCIAL DISCLOSURE Members of this Board are not required to file a Financial Disclosure Form. 32 TERMS OF OFFICE Members shall serve staggered three(3) year terms. Appointments to fill any vacancy on the Board shall be for the remainder of the unexpired term, but failure to fill a vacancy shall not invalidate any action or decision of the Board. ORGANIZATION The members of the Board shall elect a Chairman, Vice-Chairman, and other such officers they deem necessary or desirable. Election of officers shall be held at the first meeting after February I"of each year. Officers shall serve for one (1) year. Five (5) members shall constitute a quorum necessary to hold a meeting or take any action. A majority vote of the membership present and voting at a meeting shall be sufficient to overrule, modify, or affirm any action or decision of the Building Official, or to take any action within the scope of the powers and duties of the Board. No member shall sit as a voting member in any hearing on a matter in which they have a personal or financial interest. The Building Official, or his designee, shall be the Secretary of the Board, but shall have no vote. The Chairperson or Secretary may call meetings of the Board. Meetings may also be called by written notice signed by three (3)members of the Board. Minutes and records shall be kept of all meetings, and all meetings shall be public. All hearings shall be open to the public and any person whose interest may be affected by the matter on appeal shall be given an opportunity to be heard in person or through their attorney. Witnesses may be sworn and subpoenaed by the Board, as they are by the Courts in Broward County. The hearings shall be informal and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely on the conduct of serious affairs regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objections in civil actions. 33 The rules of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The Board may establish rules and regulations for its own procedures. The Building Official shall provide adequate and competent clerical and administrative personnel and such technical or scientific personnel as may be reasonably required by the Board for the proper performance of its duties, subject to budget limitations, and shall maintain a record of all proceedings in the office of the Building Official, including but not limited to a court reporter's transcript of the proceeding, and shall make available for copying any and all portions of the record of the proceeding and may certify the same as a true copy and make a reasonable charge therefore; provided, the court reporter shall certify the copy of their transcript. DUTIES AND RESPONSIBILITIES The Board shall have the following duties, functions, powers and responsibilities: 1. Hear and determine appeals from actions and decisions of the Building Official pursuant to the provisions hereof. 2. Hear and review the application of the Building Official for review of his action where his decision as indicated in a notice of violations has not been complied with. 3. Affirm, modify or reverse the decision of the Building Official upon appeal or on application for review. 4. The Board, through its Secretary, shall transmit the record with all exhibits, instruments, papers, and transcripts of its proceedings to the appointing authority in the event that authority shall consider the matter pursuant to applicable law in that regard made and provided. 5. Hear and determine appeals from actions and decisions of the enforcing agency pursuant to the provisions of the applicable minimum housing code. GENERAL It shall be the duty of the attorney for the appointing authority, when so requested, to appear at all hearings before the Unsafe Structures Board and to represent them and advise the Board. 34