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HomeMy WebLinkAbout72220 - AGENDAS - City Commission Packets AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JUNE 24, 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 Pastor Robert Sands, Griffin Road Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Request by Jay Kodner for renewal of Local Business Tax Receipt for an Auctioneer's License for property located at 6 S. Federal Highway 4.2 Request by Jay Kodner for renewal of Local Business Tax Receipt for an Auctioneer's License for property located at 45 S. Federal Highway 4.3 Request by Nancy Rose Williams, d/b/a Rose, for renewal of Local Business Tax Receipt for a Palmistry/Fortuneteller License for property located at 1410 S. Federal Highway 4.4 Request by Peggy Lee, d/b/a Peggy Lee, for renewal of Local Business Tax Receipt for a Palmistry/Fortuneteller License for property located at 219 N. Federal Highway Dania Beach City Commission Agenda—June 24, 2008 Page 2 of 6 4.5 Request by Diane Thompson for Local Business Tax Receipt for a Palmistry/Fortuneteller License for property located at 2511 Stirling Road 4.6 Request by Elizabeth Miller, d/b/a Astrology Fortune Teller, for renewal of Local Business Tax Receipt for a Palmistry/Fortuneteller License for property located at 2730 Griffin Road 5. PROCLAMATIONS 5.1 National Parks and Recreation Month 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." A thirty(30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve minutes from the June 4 City Commission Workshop Approve minutes from the June 10, 2008 City Commission Meeting Resolutions 7.2 RESOLUTION#2008-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING PACKAGE INSURANCE THROUGH PUBLIC RISK INSURANCE AGENCY (TO INCLUDE COVERAGES FOR PROPERTY AND CASUALTY, CRIME AND EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY INSURANCE, IN A COMBINED TOTAL NOT TO EXCEED $609,000.00 FOR THE PERIOD BEGINNING JULY 1, 2008 THROUGH SEPTEMBER 30, 2009, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—June 24, 2008 Page 3 of 6 7.3 RESOLUTION#2008-108 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA; RECOGNIZING THE NEED FOR A COLLABORATIVE, MULTI-JURISDICTIONAL APPROACH TO ADDRESS COUNTY-WIDE WATER RESOURCE NEEDS; SUPPORTING THE ESTABLISHMENT OF THE BROWARD WATER RESOURCES TASK FORCE COMPOSED OF ELECTED COUNTY AND CITY COMMISSIONERS, AND OFFICIALS REPRESENTING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT GOVERNING BOARD, SPECIAL DISTRICTS AND WATER CONTROL DISTRICTS; AND SUPPORTING THE DESIGNATION OF A TECHNICAL/PROFESSIONAL STAFF WORKGROUP TO ADVISE THE TASK FORCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-109 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO FLORIDA DEPARTMENT OF EDUCATION 215' CENTURY COMMUNITY LEARNING CENTERS (2008-2009) IN THE APPROXIMATE AMOUNT OF $59,609.00, TO PROVIDE FUNDING FOR A GLOBAL LITERACY PROGRAM FOR THE TIME FOR KIDS SUMMER CAMP; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-110 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE AN INTERIM AMOUNT NOT TO EXCEED $45,000.00 TO CONTINUE THE SHUTTLE BUS SERVICE BETWEEN LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES UNTIL A BID CAN BE AWARDED FOR SUCH SERVICES; PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE. 7.6 RESOLUTION#2008-111 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO INFINITY ROOFING & SHEET METAL, INC. FOR CITY HALL ROOFING WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $185,745.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—June 24, 2008 Page 4 of 6 7.7 RESOLUTION #2008-112 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH WEEKLEY ASPHALT PAVING, INC. FOR WATER MAIN INSTALLATION ON FEDERAL HIGHWAY AT THE DANIA BEACH CUT-OFF CANAL BRIDGE FOR AN AMOUNT NOT TO EXCEED $48,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2008-113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, FOR ADMINISTRATION OF THE TIME-4-KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND THE 2008 SLIMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.9 ORDINANCE 42008-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE X TO BE ENTITLED "SMOKING RESTRICTIONS IN PUBLIC PARKS" OF CHAPTER 17 OF THE CITY CODE OF ORDINANCES ("OFFENSES; MISCELLANEOUS") AND CREATING CODE SECTION 17-30 TO BE ENTITLED, "SMOKING PROHIBITED IN CERTAIN AREAS OF PUBLIC PARKS'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 ORDINANCE #2008-018 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 15-12, `BUSINESS TAX SCHEDULE" OF THE CODE OF ORDINANCES AND CREATING A NEW SECTION 15-12, ALSO ENTITLED "BUSINESS TAX SCHEDULE" TO PROVIDE FOR A FIVE PERCENT (5%) INCREASE IN THE ANNUAL BUSINESS TAXES ASSESSED AGAINST ALL BUSINESS CATEGORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Dania Beach City Commission Agenda—June 24, 2008 Page 5 of 6 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 ORDINANCE #2008-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PARKING OR STORAGE IN RESIDENTIAL DISTRICTS OF UTILITY TRUCKS, RECREATIONAL VEHICLES, MOBILE LIVING UNITS, OTHER SIMILAR VEHICLES AND BOATS, TO LIMIT SUCH PARKING OR STORAGE TO ONE SUCH VEHICLE OR VESSEL IN THE FRONT YARD AREA PER RESIDENTIAL PARCEL RATHER THAN PER DWELLING UNIT; AMENDING THE CITY CODE OF ORDINANCES, SECTIONS 25-125 AND 16.2; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE #2008-016 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 21.14 ENTITLED "21.14. TOD BUILDING ENVELOPE", SECTION 21.16 ENTITLED "21.16. TOC-1 BUILDING ENVELOPE", AND SECTION 21.17 ENTITLED "21.17 SOUTH FEDERAL HIGHWAY TRANSIT ORIENTED CORRIDOR (TOC-2) DISTRICT" TO ENSURE SUFFICIENT SIDE YARD ACCESS IS PROVIDED FOR FIRE FIGHTING EQUIPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 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 11.1 City of Dania Beach Lease Agreement with Allegria Entertainment, Inc. d/b/a Beachwatch—City Attorney Ansbro Dania Beach City Commission Agenda—June 24, 2008 Page 6 of 6 11.2 Discussion of the cities of Hollywood and Hallandale Beach applying for state and federal grants to start a transit system—Vice-Mayor Castro 11.3 Discussion of Enterprise Zone Expansion—Assistant City Manager Donnelly 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino — 1 appointment 12.2 Grant Advisory Board (5 Members — 1 per Commissioner— Term consistent with the duration of the term of the appointing Commissioner) Commissioner Anton— 1 appointment Commissioner Bertino — 1 appointment 12.3 Human Relations Board (10 Members—2 per Commissioner— 2 Year Term) Vice-Mayor Castro— 1 appointment 12.4 Marine Advisory Board (15 Members— 3 per Commissioner—2 Year Term) Vice-Mayor Castro— I appointment 12.5 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 2 Alternate positions 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Thursday, July 17, 2008 —6:00 p.m. Abatement Hearing Tuesday, July 22, 2008 — 7:00 p.m. City Commission Meeting 14. ADJOURNMENT CITY OF DANIA BEACH Agenda Item # 7 • / Agenda Request Database RECEIVED JUN 102001 Date of Commission Meeting: 6-24-2008 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion) Request by Jay Kodner for renewal of local business tax receipt for an auctioneer's license located at 6 S Federal Highway. Why Action Is Necessary Section 21-52 of the City of Dania Beach Code of Ordinance indicated such a license is to be granted or reviewed by the City of Commission on an annual basis. What Action Accomplishes t.. Purchasing.Requests ONLY, Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Fiscal Impact/Cost Summary Exhibits Attached Copy of commission hearing notification letter to applicant. 2. Copy of background check from Detective Richard Tarrant, BSO. 3. Copy of section 12.5-2 of the Dania Beach Code of Ordinance. 4. Copy of application. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION June 9, 2008 Jay Kodner Estate Auction Company P.O. Box 386 Dania Beach, Florida 33004 Dear Mr. Kodner: The Dania Beach City Commission will conduct a public hearing concerning your application for an auctioneer's license for property at 6 S Federal Hwy, Dania Beach, at their June 24, 2008 City Commission meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Chamber at 100 W. Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is a portion of Chapter 21 of the Dania Code of Ordinances, which concerns auctions and auctioneers. An annual license is required. Please update or submit a current copy of your surety bond as required in Section 21-52 of the Code of Ordinances. Please be familiar with Section 21-52, which are the criteria by which the City Commission can revoke or refuse an auctioneer's license. Sincerely, P sy Warwick Business License Coordinator cc: Ivan Pato, City Manager Nick Lupo, Chief of Code Enforcement 100 West Dania Beach Boulevard Dania Beach Florida 33004 Phone:954-924-6800 Fax:954-924-6812 www.DaniaBeachfl.gov �ir�e rig�Se�uiee wi1�i Itrf�rf� AL LAMBERTI SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: May 28, 2008 Subject: JAY I. KODNER Race: W Sex: M DOB: 01-05-1945 Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ❑ ARREST RECORD ATTACHED: El INCIDENT REPORT SEARCH: ❑ No Record ® Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 6th Street, Fort Lauderdale, FL 33301 North Satellite Courthouse — 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse— 355 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse — 100 . Pi Island Road, Plantation, FL 33317 CHECK COMPLETED BY: 2 P- CCN: 14632 *Check not valid without signature and CCN. i l CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District I1 THRU: Nick Lupo Chief Code En ement FROM: Pansy Warwick Business Tax Coordinator RE: Request Background Check for an Auctioneer's Local Business Tax Estate Auction Company — 6 S. Federal Highway. DATE: May 9, 2008 Jay Kodner has requested approval for a renewal of his auctioneer's local business tax receipt. Section 21-52 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Jay Kodner for property at 6 S Federal Hwy. The applicant will be given notice that a hearing will be held before the City Commission meeting once the request is completed. Section 21-52 (d) lists the criteria by which the City Commission may refuse or revoke renewal of an auctioneer's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 21-52 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by May 23, 2008 Please contact us should you have any questions. attachment pw 12146 DANIA CODE shall, upon conviction,be fined not less than twenty-five dollars 1325.00). nor more than five hundred dollars($500.00),or be imprisoned for a period not to exceed thirty(30)days for each violation. (Ord. No.293. 16. 6-8.82) Secs. 21-7-2I-S0. Reserved. ARTICLE M AUCTIONS AND AUCTIONEERS* Sec. 2151. License required. No personal property(goads,wares or mend +thee)shall be sold at auction is the City of Dania,Florida,except in compliance with the provisions of this article.It shall be unlawfltl to sell or cause or permit to be sold at auctions,any personal property(goods,wares or merehaa. disc) in the.City of Dania,Florida, unless such We is conducted by an individual who has applied for and obtained an auctioneers license from the City of Dania(Ord,No. 27.88, 11, 5.24.88) Sae. 21-52. Issuance and revocation of license. (a) This city commission of the City of Dania.Florida, is hereby authorized to grant or renew an suctionesr's license for nay period of times not exceeding one year to any individual applying therefor on a form to be provided for in section 2154 of this article and the dling by the applicant of the bond required by the applicant of the bond required by section 21.68 of this article. (b) The form on which application shall be made for an auctioneer's license shall require the following information: (1) Name of the applicant. (2) Residence and business address of the applicant (3) The length of time for which an auctioneer's license is desired. (4) A statement as to whether or not the applicant holds, or has hold an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time,place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to i.sue or to renew as auctioneer's license to the applicant together with a 5rll and sccurate statement as to t! reasons for any such refusal; and a statement as to whether any state, municipal?' governing body or licensing authority has ever .evoked an auctioneer's license held by the applicant together with a full and acc:t- rate statement as to the reasons for any such reveeatien. 'Editor's note—Ord. ro. 27.88, 11 1-10, adopted MAy 24, 1988, did not specifically amend the Code:tharefore, iaclusion as Art. IV, 11 21-51-21.80, was at the discretion of the aditor. Cross reference—License fee 3chadule, 1 15.12. Sapp. Yo. 31 1_re SALES AND AUCTIONS 1 21.52 (5) A statement as io whether or not the applicant has ever been convicted of any crime. misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto. (6) A photograph of the applicant, taken within sixty(601 days immediately prior to the date of the filing of the application, which picture shall be two(2) inches by two(2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner,except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneers license issued under this article and who has in a previous application under this article complied with this requirement; ('n The fingerprints of the applicant and the names of at least two(2)reliable property owners of the County of Broward. State of Florida, who will certify as to the appli, can's good moral character and business responsibility or in lieu of the names of references any other available evidence as to the good moral character and business responsibility, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this article who has in a previous application under this article complied with this requirement, (c) Before issuing an auctioneers license to any individual applying therefor the city commission shall refer the application to the chief of police who shall cause to be made such Investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good,except that the city commission may waive this requirement with respect to an application for renewal of an auctioneers license by any individual holding an unexpired auctioneer's license issued under this article if an investiga• tion of such applicant's moral character and business responsibility has previously bean made under this section in connection with a prior application for an auctioneer's license under this article.The chief of police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and business responsibility of the applicant is satisfactory. (d) An auctioneer's license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission,if it is determined, alter notice and hearing: (1) That the applicant or license holder is not an individual of good moral character and business responsibility; or (2) That the application of the applicant or license holder contains any false, fraudulent or misleading material statement;or (3) That the applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of. or in offering for sale at auction, any real or personal property (goads, wares or merchandise) in the City of Dania.Florida; or sup4 No. 31 1277 4 21-52 DANIA CODE (4) That the applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction in the City of Dania, Florida;or (5) That the applicant or license holder has violated any of the statutes of the State of Florida relating to auctions or auctioneers; or (6) That the applicant has been convicted of any crime or misdemeanor involving moral turpitude;or (7) That the applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property (goods, wares or merchandise) in the City of Dania,Florida,in an unlawful manner or in such a manner as to constitute a breach of the peace or a mensfe to the health,safety or general welfare of the public. (a) Notice of the hearing provided for in subparagraph(d)above shall be given in writing to the applicant or license holder as the case may be. Such notice shall be mailed, portage prepaid, to the applicant or license holder as the case may be at his last known address at least five(5)days prior to the date set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel.(Ord.No.2758, 12. 5.24.88) Sec. 21.63. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may, within thirty(30)days &am the data of rendition of such decision, apply to the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida,for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord.No.27-88, 13,5-24-88) See. 2154. License fees. The fees for an auctioneer's license shall be as set forth in section 15.12 of the Coda of Ordinances of the City of Dania.(Ord. No. 27-88, 14, 5.24.88) Sec. 21.53. Bond. Every applicant for an auctioneer's license shall rile with the clerk-auditor of the City of Dania, llorida, a surety bond cunning to the City of Dania, Florida, in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the city commission conditioned that the said applicant, if slued an auctioneer's license,will comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating and concerning auctions and auctioneers,will render true and strict accounts of all his sales to any person or persons employing him to make the same,will not practice any fraud or deceit upon bidders or purchasers of property from hint at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit,and will pay all damages which may be sustained by any person by rewon of any fraud, deceit, negligence or other wrongful act on the part of Stepp. No. 31 .278 SALES AND AUCTIONS 1 21.58 the licensee. *.-Lis agent or employees in the conduct of any auction or in the exercise of the calling of auctioneer. A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in his discretion in lieu of a bond. (Ord. No. 27.88, 4 5, 5.24-88) Sec. 21.58. Place of conducting auctions. (a) No auction sale of personal property(goods,wares or merchandise)shall be conducted within any of the residential areas of the city except upon the issuance of a special permit therefor by :he city commission and in accordance with the express terms of such special permit. (b) Appi:cation for a special permit to conduct an action sale of personal property(goods, wares or merchandise)within the areas of the city described in subsection(a)above shall be trade to the city commission on a form to be provided by the city upon which shall be stated the nature and quantity of the goods to be sold and the number of days during which it is desired to conduct such auction sale.The city commission shall issue such special permit upon the payment of a fee of fifteen dollars(315.00)which fa shall be in addition to and not in lieu ot the fats and bond provided for in sections 21.34 and 21.55 respectively,of this article, upon its determination that there is good and sufficient reason for the issuance of such special permit. Such special permit shall specify the place or places within the areas described in subsection%a above to which it pertains and the number of days for which such special permit is valid. (c) The city commission may refuse to issue or renew such special permit or may revoke any special permit already issued. if it determines that there is good and sufficient reason for such refusal or revocation. Any individual aggrieved by the action of the city commission in refusing to issue or renew or in revoking any such special permit shall have the right to appeal as provided in section 21-53 of this article.In the event that such an appeal be taken,it shall be urawful for any individual to conduct any sale at auction in accordance with the terms of suc:- special permit. (d1 No r-ch special permit shall be issued to any individual except one to whom an auctioneer's Ikense has been issued under section 21.52 of this article. (Ord. No. 27.88. 16, 5.24.88) Sec. 21.3i. Auctions prohibited on streets,sidewalks and public property. It shall be unlawful to conduct an auction sale of personal property (;nods, wares or merchandisa on any of the streets,sidewalks, or public property of the City of Dania, Florida. (Ord.No. ?'_3, $ i, 5.24.88) Sec. 21.58. Night auctions of jewelry and certain other articles prohibited. It shail 'oe unlawful to offer for sale at auction or sell at auction, any goid, silver, plated Hare, clocks. watchas, diamonds or other precious or semiprecious stones or arty imitation Supp. No. L 1219 1 21.58 DANIA CODE thereof, glassware,chinaware or jewelry or any article purporting to be or represented as any of the above-listed articles between the hours of 6:00 p.m. and 8:00 a.m. (Ord. No. 27.88. 18, 5.24.88) Sec. 21-S. Article not applicable to judicial sales. The provisions of this article shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process,nor to the sale of real property at auction-(Ord.No.27-88, 19, 3.24-88) Sec. 21-60. Penalties. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding Ave hundred dollars ($300.00)or by imprisonment in the county jail not exceeding ninety(90)days,or by both such fine and imprisonment. Each such violation shall constitute a separate offense and shall be punishable as such hereunder.(Ord.No.27.88.1 10,5.24.88) 54;9.No.31 (The next page is 13251 1280 UCCU y ( --- TO F BANIA BENCH CO 1 eye O License Type I - Phon 9 -J fit• . tonal hors : New License n . Up t B� ❑ Transfer Owner • ❑ Transfer Location Date of Ap 11 tits e n s e a APR K^3 ❑ Home Occupation ❑ Update Info Property Folio: ❑ Name Change (OFFICE USE ONLY( • Please fill In all areas that apply.(Incomplete appllcat � rl c Lie Fee: Business Informadon Name of Business: t ON �1 Business Address: , �— t ✓j l 1 1 Bu sin eaePhons: Owners Names and Addressee, 1!1`I 30( � t,cap f�tt�.l I t ,'3 fez VtS -e t4afzari>I; 3e) Person Applying for license' Name: LJ AV \�G�(`tTZ.1� Title: U t�kCt**j \ _ (WITHIN COMPA�+NY) Dots of Birth: 1 5 ��� Drivers Lieena Res,Phons•. Owner/Person applying for License or Corporate Members, list any and all arrests other than Traffic Violations Name Date of Arrest Violation City a sits'' Nature of BiasMess: 1,\1 F:ll I *t�1 ICJ Ill 1�Z 1 li 1�C VYV� e Restaurant: Service Station: Manufacturer: (NUMBER OF SEAiS) (NUMBER OF PUMPS) (NUMBER OF EMPLOYEES) Name of Insurance Co: �L,It Phone:-2G �G 6 ` 6 y3-� Sanitation Company: Lt ! 7 < 1` Y1� �} ra(, FL ,�j _ Phone: t Am you the owner of the Elullding/PropertyT Y ® N ❑ If NO,list Name,Address and Phone Owner Name: Phone: number of owner(or ownses agent) and complete Authorization Form, Owner Address: I erby certi at th above Information Is complete,true and correct;and further I understand that any misstatement of f ontal ' In th appllcaiton may cause my license to be revo ed. /J J. SIGNA FAPPLICANT OAT The pram ses will be Inspected by the City of Dania Beach Community Development Department and the Fire Marshall. If any violations exist,said violations must be corrected within 15 days or license may be denied I UFFIGE USE ONLY PRIOR USE ELECT INSP DATE MECH INSP DATE P 'GINS DATE ZONING DESIGNATION DATE t PROPOSED USE BUILD INSP DATE CITY MGR DATE APPROVED BY DATE hjlN=u Pt:clo^ yr, r4 N41M1 CITY OF DANIA BEACH Community Development Occupational License Division Phone: 954 924-3644 Fax 954 922.2687 NOTICE TO ALL BUSINESS OWNERS Pursuant to Florida Statutes Chapter 205 "Local Occupational License Taxes", all business owners are required to provide a federal identification number or social security number to the local governing authority prior to the renewal or Issuance of your Occupational License. It is also requested that you provide your standard industrial code if avalable. Business Information , , - 71 Name of Business: V�Cj\ D/B/A: T \ Owner: Federal ID Social Security MOON Dept of Revenue 1W_ Sale&Use Tax p SIGNAT DA �b The S1,11rhine State — 4., yam_ JAY KODNER 30171AKEWOODU A HOLLYWO00.FL 7>IOt 4M swmutn m Hw mm gc . sm AO awrwn OHsOs 011--0L10 1146-U arse OVA" uw�aavumiawea �mamm» o,,Ww of•nab wticb ouWkM ad»r�b Ni�Mb Inl nP�by br_ C o; Cccu>A i Rill, 5ir� ��nc�i�� Co, �a�� Occupational APR 1 8 2006 (, I; l�c�l� 1�ilZ 1�12�5 I .on. %bP Dept Occupational MAY - 9 2rr6 License Dept Broward Sheriffs Office District 2 • Dania Beach Crime Prevention Unit sir 100 W Dania Beach Blvd Dania Beach, FL 33004 Phone # 954.926.2400 Dania Beach Business Watch Membership Application (PLEASE PRINT) Date Businesses informttllltatti-oon — ea` r "A? a .4: .• Business Name: Business Address: �p1 city: Dania Beach State: FL ZIP:75-;� ( Business Phone Business Fax: E-Mail Address: ti Hours of Operation: —� p f —S ► , "�� — Owner/Managef Contact information Name: Address , tp S• Y uko Home Phone)S"Ll A 50— "Id✓" Cellular: Emergency Contact Information . Name Telephone I�Z •� _ l �5 l A� sa 30 Comments: For information on this and other crime prevention programs, please contact our Crime Prevention Unit at 954.926.2400. Zone# f fPE CR PRi'if ALL h4FCd V A f!CNi N Jf :AVE 'i f �IAIA AKA a ouo no I 47;E ii.Ar irC- -Alt lk� CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested'Action (Idenfiiy appropriate Action or Motion) Request by Jay Kodner for renewal of local business tax receipt for an auctioneer's license located at 45 S Federal Highway. Why Action is Necessary ,z. h ] V( =ems ;"ui- _ �K't':. .✓...4M19 '^.µ'.'xd' .r.'nyF'te. s:�.. ,. .. ,, .... Section 21-52 of the City of Dania Beach Code of Ordinance indicated such a license is to be granted or reviewed by the City of Commission on an annual basis. What Action Accomplishes ;.. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Fiscal Impact/Cost Summery Exhibits Attached Copy of commission hearing notification letter to applicant. 2. Copy of background check from Detective Richard Tarrant, BSO. 3. Copy of section 21-52 of the Dania Beach Code of Ordinance. 4. Copy of application. RExhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures _ . Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use . Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION June 9, 2008 Jay Kodner Kodner Galleries, Inc P.O. Box 386 Dania Beach, Florida 33004 Dear Mr. Kodner: The Dania Beach City Commission will conduct a public hearing concerning your renewal for an auctioneer's local business tax receipt located at 45 S Federal Hwy, Dania Beach, at their June 24, 2008 City Commission meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Chamber at 100 W. Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is a portion of Chapter 21 of the Dania Code of Ordinances, which concerns auctions and auctioneers. An annual license is required. Please update or submit a current copy of your surety bond as required in Section 21-52 of the Code of Ordinances. Please be familiar with Section 21-52, which are the criteria by which the City Commission can revoke or refuse an auctioneer's license. Sincerely, r Pansy Warwick Business License Coordinator cc: Ivan Pato, City Manager Nick Lupo, Chief of Code Enforcement 100 West Dania Beach Boulevard Dania Beach Florida 33004 Phone:954-924-6800 Fax:954-924-6812 w .Dan iaBeachFl.gov ih Service w4-rk/151 AL LAMBERTI SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: May 28, 2008 Subject: JAY I. KODNER Race: W Sex: M DOB: 01-05-1945 Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ❑ ARREST RECORD ATTACHED: INCIDENT REPORT SEARCH: ❑ No Record ® Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: httl)://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 6 h Street, Fort Lauderdale, FL 33301 North Satellite Courthouse — 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse— 355 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse— 100 . P ne Island Road, Plantation, FL 33317 CHECK COMPLETED BY: CCN: 14632 *Check not valid without signature and CCN. i l CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Nick Lupo Chief Code En krcement FROM: Pansy Warwick Business Tax Coordinator RE: Request Background Check for an Auctioneer's Local Business Tax Kodner Galleries, Inc. — 45 S. Federal Highway. DATE: May 9, 2008 Jay Kodner has requested approval for a renewal of his auctioneer's local business tax receipt. Section 21-52 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Jay Kodner for property at 45 S Federal Hwy. The applicant will be given notice that a hearing will be held before the City Commission meeting once the request is completed. Section 21-52 (d) lists the criteria by which the City Commission may refuse or revoke renewal of an auctioneer's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 21-52 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by May 23, 2008 Please contact us should you have any questions. attachment Pw 12146 DANIA CODE shall, upon conviction, be fined not less than twenty-five dollars(525.00). nor more than five hundred dollars ($500.00), or be imprisoned for a period not to exceed thirty(30)days for each violation. (Ord. No. 293, 4 6, 6.8.82) Secs. 21-47-2150. Reserved. ARTICLE IV.AUCTIONS AND AUCTIONEERS• Sec. 2151. License required. No personal property(goods, wares or merchandise)shall be sold at auction in the City of Dania,Florida, except in compliance with the provisions of this article.It shall be unlawful to sell or cause or permit to be sold at auctions,any personal property(goods,wares or merchan. dise) in the City of Dania, Florida, unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the City of Dania. (Ord. No. 27-88, 4 1, 5.24-88) Sec. 21.52. Issuance and revocation of license. (a) The city commission of the City of Dania, Florida, is hereby authorized to grant or renew an auctioneer's license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in section 21-54 of this article and the filing by the applicant of the bond required by the applicant of the bond required by section 2155 of this article. (b) The form on which application shall be made for an auctioneer's license shall require the following information; (1) Name of the applicant. (2) Residence and business address of the applicant (3) The length of time for which an auctioneer's license is desired. (4) A statement as to whether or not the applicant holds, or has held an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time,place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant together with a full and accurate statement as to t) reasons for any such refusal; and a statement as to whether any state, municipal;' governing body or licensing authority has ever revoked an auctioneer's license held by the applicant together with a full and accu- rate statement as to the reasons for any such revocation. *Editor's note—Ord. No. 27.88, 44 1-10, adopted May 24, 1988, did not specifically amend the Code; therefore, inclusion as Art. IV, 44 21-51-21.60, was at the discretion of the editor. Cross reference—License fee schedule. 4 15.12. Supp. Na 31 IV6 SALES AND AUCTIONS § 21.52 (5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto. (6) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two(2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under this article and who has in a previous application under this article complied with this requirement; (7) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, State of Florida, who will certify as to the appli- cant's good moral character and business responsibility or in lieu of the names of references any other available evidence as to the good moral character and business responsibility, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this article who has in a previous application under this article complied with this requirement. (c) Before issuing an auctioneer's license to any individual applying therefor the city commission shall refer the application to the chief of police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good.except that the city commission may waive this requirement with respect to an application for renewal of an auctioneers license by any individual holding an unexpired auctioneer's license issued under this article if an investiga- tion of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for an auctioneer's license under this article.The chief of police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and business responsibility of the applicant is satisfactory. (d) An auctioneer's license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission, if it is determined, after notice and hearing: (1) That the applicant or license holder is not an individual of good moral character and business responsibility; or (2) That the application of the applicant or license holder contains any false, fraudulent or misleading material statement;or (3) That the applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any real or personal property (goods, wares or merchandise) in the City of Dania,Florida; or Supµ No.31 1277 1 21.52 DANIA CODE (4) That the applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction in the City of Dania, Florida; or (5) That the applicant or license holder has violated any of the statutes of the State of Florida relating to auctions or auctioneers; or (6) That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or (7) That the applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property (goods, wares or merchandise) in the City of Dania,Florida,in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health,safety or general welfare of the public. (e) Notice of the hearing provided for in subparagraph(d)above shall be given in writing to the applicant or license holder as the case may be. Such notice shall be mailed, postage prepaid, to the applicant or license holder as the case may be at his last known address at least five (5) days prior to the date set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel. (Ord. No. 27.88, 12, 5.24-88) Sec. 21.53. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may,within thirty(30)days from the date of rendition of such decision, apply to the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 27.88, 1 3,5.24.88) Sec. 21-54. License fees. The fees for an auctioneer's license shall be as set forth in section 15.12 of the Code of Ordinances of the City of Dania.(Ord. No.27-88, 14, 5-24.88) Sec. 2155. Bond. Every applicant for an auctioneer's license shall file with the clerk-auditor of the City of Dania, Florida, a surety bond running to the City of Dania, Florida, in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the city commission conditioned that the said applicant, if issued an auctioneer's license, will comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating and concerning auctions and auctioneers, will render true and strict accounts of all his sales to any person or persons employing him to make the same,will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit,and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of Supp. No. 31 1278 SALES AND AUCTIONS § 21.58 the licensee. his agent or employees in the conduct of any auction or in the exercise of the calling of auctioneer. A liability insurance policy- issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in his discretion in lieu of a bond. (Ord. No. 27.88, § 5, 5.24.88) Sec. 21.56. Place of conducting auctions. (a) No auction sale of personal property(goods, wares or merchandise)shall be conducted within any of the residential areas of the city except upon the issuance of a special permit therefor by _ie city commission and in accordance with the express terms of such special permit. (b) Appi:cation for a special permit to conduct an auction sale of personal property(goods, wares or merchandise) within the areas of the city described in subsection (a) above shall be made to the city commission on a form to be provided by the city upon which shall be stated the nature and quantity of the goods to be sold and the number of days during which it is desired to co='uct such auction sale.The city commission shall issue such special permit upon the payment of a fee of fifteen dollars($15.00)which fee shall be in addition to and not in lieu of the fees and bond provided for in sections 21.54 and 21.55 respectively, of this article, upon its determination that there is good and sufficient reason for the issuance of such special permit. Sucs special permit shall specify the place or places within the areas described in subsection f a above to which it pertains and the number of days for which such special permit is valid. (c) The city commission may refuse to issue or renew such special permit or may revoke any special ;e-mit already issued, if it determines that there is good and sufficient reason for such refusal or revocation. Any individual aggrieved by the action of the city commission in refusing to issue or renew or in revoking any such special permit shall have the right to appeal as prodded in section 21-53 of this article. In the event that such an appeal be taken,it shall be url_«ful for any individual to conduct any sale at auction in accordance with the terms of such special permit. (d) No s_ch special permit shall be issued to any individual except one to whom an auctioneer's :icense has been issued under section 21-52 of this article. (Ord. No. 27-88, § 6, 5-24.88) Sec. 21.37. Auctions prohibited on streets,sidewalks and public property. It shall be unlawful to conduct an auction sale of personal property (goods, wares or merchandise on any of the streets,sidewalks, or public property of the City of Dania, Florida. (Ord. No. 2'-33, § 7, 5-24.88) Sec. 21.58. Might auctions of jewelry and certain other articles prohibited. It shall Sa unlawful to offer for sale at auction or sell at auction, any gold, silver, plated ware, clocks. watches. diamonds or other precious or semiprecious stones or any imitation Supp. No. 31 1279 1 21.58 DANIA CODE thereof, glassware, chinaware or jewelry or any article purporting to be or represented as any of the above-listed articles between the hours of 6:00 p.m. and 8:00 a.m. (Ord. No. 27.88, 4 8, 5.24.88) Sec. 2159. Article not applicable to judicial sales. The provisions of this article shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process,nor to the sale of real property at auction.(Ord.No. 27.88, 19, 5.24.88) Sec. 21.60. Penalties. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00)or by imprisonment in the county jail not exceeding ninety(90)days,or by both such fine and imprisonment. Each such violation shall constitute a separate offense and shall be punishable as such hereunder. (Ord. No. 27.88, 4 10, 5-24.88) Sapp.No.31 (The next page is 13251 1280 -- CITY&DANIA BEACH / GROWTH YANAGEMPrr DEPARThENT DLVLSION OF OCCUPATIONAL UcEm 100 WEST DANIA BEACH BOULEVARD DANIA REACH,FL 33004 mam 934424-3644 OR 95"24-3657 c FAX 954922-26V W= = Apr. ,\— lS-d`� LIC11"t 7yxt I ) rsw Lzcz"X PI%QV16YT! FOLIO - f 1 TRAMSM owdix IrOR -orrIcE USE ME T usm LOCxTIOH AOwt'OCCUPATION riw&ww C111 in all bland. LICMt No. form will no returaed unless DATr ISSVZV all appropriate DlaMe ate filled LICtttlt rtt I". ruriC UT buSIN=S rua.Iwcs ADDAXAR V�xx �iSt(� -yam, 1�ty��k'�IlAIAtil reors 2�-Z55C� -- PRIiICIPAt'S AAwts AND �ts�r�c L ��,� rXSSON APr el,7 LICLNwt DATE .Or a1ATN �savices f.t GKAaa A". pBONE Ow�IiGk/YYRYOH ArrLTING rat LICXIOit OR t9APOAATE MMUSCC. 1w, Awl Allay ALL 1WPOOM OTMtl'TUN-Twrzc 9lftr txz Zit. lNiiil: paTt�"'pP lWii TOR ?I a ST�SE MAIN& ]ptTE or AiRQjT� OLA�ON Sr i STAT utl I C TIJ�C tATORS, Or H �r-A�ICCTANYAYT ra or tti'ti�l Ow No. Or rI LD Ir A llArorACTt m NO. or XMPLOTSQ. w z o w A"x—or 1"UAANCt Co. ILWI= In.) wyt&)F rraut zv„• T:aaHITxTIOw COw1Awr GJAS;yl m rV.,4Uz, k46A c- Prom q z 0 A" uw Tax One" or TAt ROILOImvpkOrlKRj!! yL6 , IF 3W. LIST NA". 4D ADANJOIS AM PMOws NO. or omm, mm am owum tox oRiwn's ACtwT) 0 0 COAZ = AOTAOICZZATIOA rom ( r WLX OR AGYNI' rat a w I u""I rXRTIrT TART THE ABOVE IMrORNATION IS CO"LLYE. Txbr AMP CGxx=I AND run= I UNDEMAAD TUT ANT NLSSTATOLOtT Or FACTS \l I TM A"LICLITOM "I "OSS MT LICiM r TO st 1MXXD. �yl DATt I t is-��t r APP ZiItC jf�M1ALS Y " 1BiFaME IT TML CITI or w LDIJTG O01armEwr AYo-7= Flit NAYAMA.L. IP AMT WOLAZOM Zx MT. SAID VIOLATIONS Kalm Bt CCQ CCTED Winn 15 DAIS OR LZCIMC MAT at DLMILD. ZONING CXRTITICATION: PRIOR OwmwbUSIMXSS ZONING CLASS. PSOn= USX Or P1DN= APYMOYED ay a►TX TAIS SIAM TOR CXTT Imacc OAS xu= lftrr vm MUS lop DA1Ct nAmmO Imor Om rise IBA► uwr '— au= IineP��tYCtt CITT MAMAtii11 DATI 9t FLORIDA OCCUPATIONAL LICENSE DIVISION NOTICE TO ALL BUSINESS OWNERS PURSUANT TO FLORIDA STATUES CHAPTER 205 "LOCAL OCCUPATIONAL LICENSE TAXES", ALL BUSINESS OWNERS ARE REQUIRED TO PROVIDE A FEDERAL IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER TO THE LOCAL GOVERNING AUTHORITY PRIOR TO THE RENEWAL OR ISSUANCE OF YOUR OCCUPATIONAL LICENSE. IT 1S ALSO REQUESTED THAT YOU PROVIDE YOUR STANDARD INDUSTRIAL CODE IF AVAILABLE. BUSINESS INFORMATION BUSINESS NAME: ►4�wZ1��� DB/A: OWNER: FEDERAL ID N( OCIAL SECURITY DEPT. OF REVENUE ALE& USE TAX NO. SIGNATURE: DATE: Thank you for your cooperation `Bwward's Fist Gty" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phones (954) 921-8700 w -ci.dania-beach.fl.us FLORIDA OCCUPATIONAL LICENSE DIVISION OWNER'S AUTHORIZATION TO ISSUE LICENSE C ,CE�TIFY THAT I AM THE OWNER /AGENT OF THE PREMISES AT 7 AND HAVE LEASED SAID PREMISES TO OR THE PURPOSE OF CONDUCTING HIS/HER BUSINESS O I FURTHER UNDERSTAND THAT THE BUILDING WILL BE INSPECTED BY THE CITY DANIA BEACH INSPECTORS AND AGREE THAT ANY VIOLATIONS (STRUCTURAL, t4kn ELECTRICAL, PLUMBING, SAFETY AND FIRE MARSHALL): 1. WILL BE CORRECTED BY ME. 2. ( ) WILL BE CORRECTED BY THE ABOVE NAMED LESSEE. I ALSO UNDERSTAND THAT NO ALTERATIONS OR ADDITIONS WILL BE MADE WITHIN OR TO THE PREMISES UNTIL THE PROPER PERMITS HAVE BEEN PROCURED. IN ADDITION, NO SIGNS WILL BE ALTERED, R INSTALLED UPON THE PREMISES WITHOUT THE PROPER PERMITS BEINU'O /AGEN`i�S' SIGNATURE 1 (LS) STATE OF FLORIDA: COUNTY OF: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2000, BY WHO IS PERSONALLY KNOWN TO ME OR WHO HAS PRODUCED AS IDENTIFICATION, AND WHO DID (OR DID NOT) TAKE AN OATH. NOTARY PUBLIC (SEAL) MY COMMISSION EXPIRES: "BmNard's First City" 100 West Dania Bach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 w .ci.dania-beach.fl.us CITY OF DANIA AIR: DIVISION OF OCCUPATIONAL LICENSES P.O. BOX 1708 DANIA, FLORIDA 33004 (305) 921-8700, Extension 253 AFFIDAVIT OF INVENTORY If your business carries an inventory of merchandise, we need to have this affidavit properly executed and returned to the Division of Occupational Licenses. h reby certify that the average dollar ($) value of inventory maintained on site of NAME OF BUSINESS a re of Ownedor Officer e Date The foregoing instrument was acknowledged before me this day of 199_By who is personally known to me or who produced as identification, and who did (or did not) take and oath. NOTARY PUBLIC My Commission Expires: BROWARD SrIERIFF'S OFFICE - DANIA/DISTRICT II CRIME PREVENTION UNIT 100 W. Dania Beach Blvd. Dania, FL 33004 o Phone: 926-2400 Fax: 926-2428 4 * * % DANIA BUSINESS WATCH �0p" y MEMBERSHIP APPLICATION (PLEASE PRINT) � w f Business District ��l1 Zone Owner's Name: I� 1� Business Name: Address: City h-'� State Zip Phone Number: CI ' 1 Fax Number: Hours of Operation: EMERGENCY CONTACTS �C7a 1. Name Phone t: � 5 Ate �. 2. Name Phone ,1f: � - � L�1 3. Name Phone f: e ' CC « COMMENTS:, J PARTNERSHIP FOR SOLUTIONS '95 For information on this and other crime prevention programs Please contact our Crime Prevention Unit at 926-2400. f - �f Ko9N Eiz, T-g-L, r j K� 1 FL92O61OZ jj SEC OF STATE AKEL=b LAIR: LIC DIV Ct(Y Wep TALLAHASSEE,. FL 1 ct, 7Z111Z TZ C�icgca,r 1A�G r- y S , 1-&A)�342kt4t&v-bA"A CHAPTER 493. F.S. CHAPTER 790. F.S. I` ■■ Al �flatl ,.Via^ CITY OF DANIA APPLICATION FOR ADCTIONEER'S LICENSE 1. Name of applicant _:JT4,j I'�OyN�. 2. Resid� ce address of applicant 3 �*} Kh l � �,�ti C7� Cl 1 3. Business address of applicant YlQo�crl- �-IS5 1=ean-�q 4Uh\- 4. Telephone number of applicant 154— 1�2s- 5. Does applicant hold or has applicant ._ever held an auctioneer's license from any state, municipality, governing body or licensing authority? Yes b< No ( ) 6. If answer to No. 5 is "yes", list the time and place and by whom issued: ,C C��y 7. Has any state, municipality, governing body or licensing authority ever refused�t)o issue or to renew an auctioneer's license? Yes ( ) No 8. If answer to No. 7 is "yes", state reason for the refusal: 9. Has any state, municipality, governing body or licensing authority ever revoked an actioneer's license held by you? Yes ( ) No 0< . 10. If answer to No. 9 is "yes" , give full and accurate statement as to reason for any such revocation. 11. Have you ever been convicted of a crime, misdemeanor, or violation of any municipal ordinance? Yes ( ) No P< 12. If answer to No. 11 is "yes", state the nature of the offense and the punishment or penalty assessed thereto: 13. Length of time for which auctioneer's license is desired. (Not to exceed one [1) year) f' In addition to completing the foregoing, applicant shall furnish to the city the following: (a) Photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under this article and who has in a previous application under this article complied with this requirement. (b) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, State of Florida, who will certify as to the applicant's good moral character and business responsibility, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding any unexpired autioneer's license issued under this article and who has in a previous application under this article complied with this requirement. I HEREBY CERTIFY THAT ALL ANSWERS, STATEMENTS AND ITEMS SUBMITTED HEREWITH ARE TRUE AND/OR CORRECT IN EVERY RESPECT AND AGREES AND UNDERSTANDS THAT ANY MISSTATEMENT OF FACTS CONTAINED IN THIS APPLICATION SHALL CAUSE MY LICENS TO BE-REVOKED. T-c rt a9nvF-c�_ APPLICANT u DATED this q�T} day of E,6 Cw1 1 �7 r CERTIFICATE OF APPROVAL THE ISSUANCE OF AN AUCTIONEER'S LICENSE IS SUBJECT TO THE APPROVAL OF THE CITY COMMISSION, SECTION 21-52 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA. I CERTIFY THAT THE ISSUANCE OF THIS LICENSE WAS APPROVED BY THE CITY COMMISSION ON THE DAY OF 19_ CITY CLERK CITY OF DANIA BEACH Agenda Item # Agenda Request Database 1W Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ ,Award Bid/RFP ❑ Presentation ❑ Continued from: Requested.Action : (Idenfityappropilate Adidq or Motion) Request by Nancy Rose Williams d/b/a Rose for renewal business tax receipt for a Palmistry/Fortuneteller license for property located at 1410 S Federal Hwy Why Action is Necessary J. ..,.. Section 12.5-2 of the Dania Beach Code of Ordinance indicates such a license is to be granted or reviewed by the City Commission on an annual basis. What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Backgrpnd ; ,t Fiscal ImpacV(;ost Summary:" Exhibits Attached w; „yµ" p � aN_' 7L " 1. Copy of section 12.5-2 of the Dania Beach Code of Ordinance. 2. Copy of background check from Detective Richard Tarrant, BSO. 3. Copy of commission hearing notification letter to applicant. 4. Copy of application. 7 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 A— Authorized Signatures r Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date cox: City Clerk Use R m. �. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION June 9, 2008 Rose d/b/a 1410 S Federal Highway Dania Beach FL 33004 Attn: Nancy Rose Williams Dear Ms. Williams: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 1410 S Federal Highway, Dania Beach, at their June 24, 2008 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Room at 100 W Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is Chapter 12.5 of the Dania Code of Ordinances, which concerns Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. Please update or submit a current copy of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sincerely, Pansy Warwick Business Tax Coordinator cc: Ivan Pato, City Manager Nick Lupo, Chief of Code Enforcement 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Phone:954-924-6800 Fax:954-24-6812www.DaniaBeachfl.gov �b �iro�e ih Service wriY2 Ixfe�rrf� AL LAMBERTI SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: May 28, 2008 Subject: NANCY ROSE WILLIAMS Race: W Sex: F DOB: 02-09-1951 Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse— 201 S.E. 6t' Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse— 3550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse 100 . Pine Island Road, Plantation, FL 33317 CHECK COMPLETED BY: �' �� 1����""�'�� CCN: 14632 *Check not valid without signature and CCN. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Nick Lupo Chief Code Enforcement FROM: Pansy Warwick Business Tax Coordinator RE: Request Background Check for Palmistry/Fortuneteller Local Business Tax—Rose d/b/a— 1410 S Federal Highway DATE: May 9, 2008 A request has been made for renewal of a local business tax receipt for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The renewal concerns the license of Rose d/b/a at 1410 S Federal Highway. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by May 23, 2008. Please contact us should you have any questions. attachment pw. Chapter 12.5 FORTUNETELLERS,PAUHSTS,CLAIRVOYANTSAND ASTROLOGERS* Sec. 12.5.1. License required. It shall be unlawful to engage in the business of fortunetelling,palmistry,clairvoyancy or astrology in.the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business. tOrd. No. 20.90, 11, 4.10.90) See. 12.5-L Issuance and revocation of license. (a) The city commission of the City of Dania. Florida, is hereby authorized to grant or renew a fortunetelling,palmistry,clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in para. graph(b)of this section and the tiling by the applicant of the bond required by section 12.5.5 of this chapter. (b) The form on which application shall be made for a fortunetelling,palmistry,clairvoy ancy or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; (3) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; 4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time. place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry,clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; 5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; •Editor's note—Ord. No. 20.90, §§ 1-8, adopted April 10, 1990, did not specifically amend the Code; hence inclusion herein as Ch. 12.5, §§ 12.5.1-12.5.8,was at the discretion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi- sions and an effective date,have been omitted from codification. Cross references—Licenses, Ch. 15;fortunetelling for illegal purposes, § 17.7. Supp.No.40 753 1 12.5-2 DANIA CODE 6) A photograph of the applicant, taken within sixty(601 days immediately prior to the date of the riling of the application. which picture shall be two t2) inches by two t2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner,except that the city commission may waive this requirement with respect to an application for renewal of a fortunetelling, palmistry, clairvoyancy or astrology license by an individual holding an unexpired fortunetelling,palmistry,clairvoyancy or astrology license issued under this chapter who has in a previous application under this chapter complied with this requirement; 7) The fingerprints of the applicant and the names of at least two t2) reliable property owners of the County of Broward. State of Florida, who will certify as to the appli. cant'a good moral character and business responsibility,except that the city commis. sion may waive this requirement with respect to an application for renewal of a forhmetelling,palmistry,clairvoyancy or astrology license by any individual holding an unexpired license issued under this chapter who has in a previous application under this chapter compiled with this requirement. 'c) Before issuing a fortunetelling, palmistry, clairvoyancy or astrology license to any individual applying therefor. the city commission shall refer the application to the Broward County SheriiTs Office who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the city commission may waive this requirement with respect to an appli- cation for renewal of an existing license by any individual holding an unexpired fortunetell- ing,palmistry, clairvoyancy or astrology license issued under this chapter if an investigation of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for such license under this chapter. The sheriff or his deputy shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city tommission whether or not the moral character and business responsibility of the applicant is satisfactory. d) A fortunetelling, palmistry, clairvoyancy or astrology license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission, if they determine after notice and heating that. 1) The applicant or license-holder is not an individual of good moral character and business responsibility; or 2) The application of the applicant or license holder contains any false, fraudulent or misleading material statement; ,3) The applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of the business in the city; or 4) The applicant or license holder has violated any of the statutes of the State of Florida relating to fortuneteiling, palmistry, clairvoyancy or astrology;or Supp.\o.40 754 FORTUNETELLERS. PAUHSTS. CLAIRVOYANTS,ASTROLOGERS a 12.5.6 5) The applicant has been convicted of any crime or misdemeanor involving moral tur. pitude: or (6) The applicant or license holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. 4) Notice of the hearing provided for in paragraph(d) above shall be given in writing to the applicant or license holder as the case maybe.Such notice shall be mailed postage prepaid to the applicant or license holder as the case may be at his last known address at least five(5) days prior to the date set for hearing.The applicant or license holder an the case may be @hall have the right to be represented at such hearing by counsel. (Ord.No. 20.90, 12. 4.10-901 Sec. 12.5.3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may,within thirty 130)days from the date of rendition of such decision, apply to the circuit court for the Seventeenth Judicial Circuit in and for Broward County, Florida, for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 20.90, 3 3, 4.10-90) See. 12.34. License fees. The fees for a fortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of one thousand dollars f$1,000.001 for each twelve-month period or fraction thereof.(Ord. No. 20.90, $ 4, 4-10.90) See. 12.5.5. Bond. Every applicant for a fortunetelling,palmistry,clairvoyancy or astrology license shall rile with the clerk-auditor of the city a surety bond running to the City of Dania. Florida. in the amount of one thousand dollars f$1,000.00)with surety acceptable to and approved by the city commission conditioned that the applicant,if Issued a fortuneteding,palmistry, clairvoyanry or astrology license,will comply fully with all the provisions of the ordinances of the city,and the statutes of the State of Florida and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee.his agent or employees in the conduct of the licensee's business.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in its discretion in lieu of a bond. (Ord. No. 20.90, $ 5, 4-10.90) Sec. 12.3.6. Place of conducting activities. No fottunetelling,palmistry,clairvoyancy or astrology activities shall be conducted within any of the residential areas of the city or other areas not zoned for such activity. tOrd. No. 20.90, 4 6, 4.10.90) Supp.No.40 755 , DABMA CODE Sec. 12.5.7. New applications and renewals. The provisions of this chapter shall apply to all new applicants for occupational licenses I or fortunetelling, palmistry, clairvoyancy or astrology activities and for all renewals of U- censes issued for fortunetelling, palmistry, clairvoyancy or astrology activities that are in effect at the time of the effective date of this chapter. tOrd. No. 20.90, 117. 4-10.901 Sec. 12.5.8. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars 15500.001 or by imprisonment in the county jail not exceeding ninety(901 days,or by both such fine and imprisonment. Each violation shall constitute a separate offense and shall be pun- ishable as such hereunder. (Ord. No. 20.90, 5 8, 4.10.901 Sup;. No.+0 (The next page is 7791 758 CITY or DANIA P.O. BOX 170L 100 NEST DANIA BEACH BOULEVARD - DANIA. FLORIDA 3300I v`- (305) 921-8700, E:Xr. 253 OR 259 APPLICA7 9#11ONAL LICENSE DATE OE APP. LLICENSE TYPE OO NEW LICENSE PROPERTY FOLIO Np�UGENCES ( ) TRANSFER OWNER (FOR OFFICE USE ONLY) IF ( ) TRANSFER LOCATION f ) HOME o TI pN, Please will b In all blanks. LICENSE NO. C yJCj(-t7 Form will be returned unless DATE ISSUED all appropriate blanks are filled LICENSE FEE in. NAME OF BUSINESS r�vS E /�! • t/a wM sl BUSINESS ADDRESS orjAw -J BUSINESS PHONE A/twe 1 , P INCIPAL-5 NAMES AND ADDRESSES Ot�c W II * �11 �� /QJac/i C(vb Urlue #20 i ff m ar40 / 33/80 .�slt WILUAMSPERSON APPLY]: FORLICENSE NAME rrri_F WITHIN COMPANY) S-933- 3y 02 DATE OF BIRTH DRIVERS LICENSE$ RES. PHONE i OWNER/PERSON APPLYING FOR LICENSE OR CORPORATE MEMBERS. LIST ANY AND ALL ARREST OTHER THAN TRAFFIC VV VIOLATIONS.,fQ//.,f NAME DATE OF ARREST Vlll011'1LATIION CITY i STATE NAME DATE OF ARREST VIOLATION CITY L STATE.}.--- D CR BE�j NIQETAIL THE TYPE AND NATURE Ol YOUR BUSINESS &In yr / Kcwinw 5 1F A RESTAURANT) NO. OF SEATS N//F SERy/�E STATION NO. OF PUMPS /*� 1F A MANUFALTDIIER NO. Of EMPLOYEES N/R NAME OF INSURANCE CO. (LIABILITY INS.) PHONE LIST SANITATION COMPANY Pr PHONE ARE YOU THE OWNER OF THE BUILDING/PROPERTY] Ap, IF NO. LIST NAME, ADDRESS AND PHONE NO. OF OWNER, AND HAVE OWNER (OR OWNER'S AGENT) COMPLETE AUTHORIZATION FORM-(ATTACKED). OWNER OR AGENT ADDRESS PHONE I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE. TRUE AND CORRECT) AND FURTHER I UNDERSTAND THAT ANY MISSTATEMENT OF FACTS CONTAINED IN THIS APPLI Di MA CAUSE NY LICENSE TO BE REVOAED. h (w-4Y K out .1�arGh Z/ 1997 SIGNATURE OF APPLICANT THE PREMISES WILL a[ INSPECTED BY TRX CITY Of DANZ r BOILDING DEPARTMENT AND THE FIRE MAPSHALL. IP ANT VIOLATIONS EXIST, SAID VIOLATIONS MOST BE CORRECTED WITHIN IS DAYS OR LICENSE NAY BE DENIED. ZONING CERTIFICATION) PRIOR OWNER/BUSINESS l c [¢j ZONING CLASS.jC::3_PROPOSED USE OF PROPERTY APPROVED BY 1'j . S.::I_ DATE TSIS SPACE FOR CITY INSPECTORS ELECT INSP DATE MECH INSP DATE . PLMBG INSP OATS Fin INSP DATE BUILD INSP OATL CITY MANAGER TE 5� I CITY OF XTIA Y "s VCJ r t � I +'�i6 r=N 2 #'• nr^w'' ?ycfyf i7 y'T 4.F-N Ai vt � vx�� rt:b �N a���"{�' #�� � t. �. 4 �� �f�.• ti� '+eti \q\$$ .Y.,Yiyy,�'.� r LLL tlR , CITY OF DANU1 DIVISION OF OCCUPATIONAL LICENSE BUSINESS NO. LICENSE NO. NOTICE TO ALL BUSINESS OWNERS PURSUANT TO FLORIDA STATUES CHAPTER 205 "LOCAL OCCUPATIONAL LICENSE TAXES09 ALL BUSINESS OWNERS ARE REQUIRED TU PROVIDE A FEDERAL IDEN17FICA77ON NUMBER OR SOCIAL SECURITY NUMBER TO THE LOCAL GOVERNING AUTHORITY PRIOR TO THE RENEWAL OR ISSUANCE OF YOUR OCCUPATIONAL UCENSE IT IS ALSO REQUESTED THAT YOU PROVIDE YOUR STANDARD INDUSTRIAL CODE IFAVAILABLE of BUSINESS NAMES kosc e � OWNERI /Var1C ote. W�CuAMS FEDERAL ID NO.t -SOCIAL SECURITY NO., STANDARD INDUSTRIAL CODR THANK YOU FOR YOUR COOPERATION. - CITY OF DANIA BEACH — Agenda Item # Agenda Request Database Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion) Request by Peggy Lee d/b/a for renewal local business tax receipt for a Palmistry/Fortune Teller license for property located at 219 N Federal Hwy. Why Action is Necessary Section 12.5-2 of the Dania Beach Code of Ordinance indicates such a license is to be granted or reviewed by the City Commission on an annual basis. What Action Accomplishes V� Purchasing,Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Fiscal Impact/Cost Summary Exhibits Attached`' ' e... 1. Copy of commission hearing notification letter to applicant. 2. Copy of background check from Detective Richard Tarrant, BSO, 3. Copy of section 12.5-2 of the Dania Beach Code of Ordinance. 4. Copy of application. ibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use I >:: Commission Action: Approved: ❑ Denied: 7 Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION June 9, 2008 Peggy Lee Attn: Mr. John Miller 219 N. Federal Highway Dania Beach FL 33004 Dear Mr. Miller: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 219 N Federal Highway, Dania Beach, at their June 24, 2008 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Room at 100 W Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is Chapter 12.5 of the Dania Code of Ordinances, which concerns Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. Please update or submit a current copy of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sincere GEC Pansy Warwick Business Tax Coordinator cc: Ivan Pato, City Manager Nick Lupo, Chief of Code Enforcement 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Phone:954-924-6800 Fax:954-924-6812 www.DaniaBeachfl.gov \Ww �ii�e iit Sert�iee wiY�Ihfe�ri/�t AL LAMBERTI SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: May 28, 2008 Subject: PEGGY LEE Race: W Sex: F DOB: 02-06-1952 Based on the above information, a check of the Broward Sheriff s Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: htt-p://www.fdle.state.fl.us/crirninalhisto or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 60' Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—73550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse 100 N. Pine Island Road, Plantation, FL 33317 f CHECK COMPLETED BY: Z-+ ' '-�t/ y CCN: 14632 *Check not valid without signature and CCN. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Nick Lupo Chief Code E ent FROM: Pansy Warwick Business Tax Coordinator RE: Request Background Check for Palmistry/Fortuneteller Local Business Tax—Peggy Lee—219 N Federal Highway DATE: May 9, 2008 A request has been made for renewal of a local business tax receipt for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Peggy Lee, d/b/a as Peggy Lee at 219 N Federal Hwy. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by May 23, 2008. Please contact us should you have any questions. attachment pw Chapter 12.5 FORTUNETELLERS.PALIIISTS.CLAIRVOYANTS AND ASTROLOGERS* Sec. 12.5.1. License required. It shall be unlawful to engage in the business of fortunetelling,palmistry,clairvoyancy or astrology in.the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business. tOrd. No. 20.90, § 1, 4-10.90) See. 12.5.2. Issuance and revocation of license. (a) The city commission of the City of Dania, Florida, is hereby authorized to grant or renew a fortunetelling,palmistry,clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in para. graph(b)of this section and the filing by the applicant of the bond required by section 12.5.5 of this chapter. �b) The form on which application shall be made for a fortunetelling,palmistry,clairvoy. ancy or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; 13) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority;a list of such licenses and a statement of the time. place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry,clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revolted a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; '5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; •Editor's note—Ord. No. 20.90, §§ 1-8, adopted April 10, 1990, did not specifically amend the Code; hence inclusion herein as Ch. 12.5, §§ 12.3-1-12.5.8,was at the discretion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi- sions and an effective date,have been omitted from codification. Cross references—Licenses, Ch. 15;fortunetelling for illegal purposes, § 17.7. SoPP.No.40 753 1 12.3-2 DANIA CODE 81 A photograph of the applicant, taken within sixty M)days immediately prior to the date of the filing of the application. which picture shall be two 12) inches by two t2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner.except that the city commission may waive this requirement with respect to an application for renewal of a fortunetelling, palmistry, clairvoyancy or astrology license by an individual holding an unexpired fortunetelling,palmistry,clairvoyancy or astrology license issued under this chapter who has in a previous application under this chapter complied with this requirement; ,7) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward. State of Florida, who will certify as to the appli- caat's good moral character and business responsibility,except that the city commis. sion may waive this requirement with respect to an application for renewal of a fortunetelling,palmistry,clairvoyancy or astrology license by any individual holding an unexpired license issued under this chapter who has in a previous application under this chapter complied with this requirement. (c) Before issuing a fortunetelling, palmistry, clairvoyancy or astrology license to any individual applying therefor. the city commission shall refer the application to the Broward County Sheriffs Office who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the city commission may waive this requirement with respect to an appli- cation for renewal of an existing license by any individual holding an unexpired fortunetell- ing,palmistry,clairvoyancy or astrology license issued under this chapter if an investigation of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for such license under this chapter. The sheriff or his deputy shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and business responsibility of the applicant is satisfactory. d) A fortunetelling, palmistry, clairvoyancy or astrology license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission. if they determine after notice and hearing that: 1) The applicant or license-holder is not an individual of good moral character and business responsibility; or 2) The application of the applicant or license holder contains any false. fraudulent or misleading material statement: 3) The applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of the business in the city, or 4) The applicant or license holder has violated any of the statutes of the State of Florida relating to fortunetelling, palmistry, clairvoyancy or astrology;or Supp.No.40 754 FORTUNETELLERS. PALtiISTS. CLAIRVOYANTS, ASTROLOGERS a 12.5.6 5) The applicant has been convicted of any crime or misdemeanor involving moral tur- pitude: or r6) The applicant or license holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. e) Notice of the hearing provided for in paragraph(d)above shall be given in writing to the applicant or license holder as the case may be.Such notice shall be trailed.postage prepaid to the applicant or license holder as the case may be at his last known address at least five(6) days prior to the date set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel. (Ord.No. 20.90, 12. 4.10.90) See. 12.5.3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may,within thirty 130)days from the date of rendition of such decision. apply to the circuit court for the Seventeenth Judicial Circuit in and for Broward County, Florida for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 20.90, § 3, 4.10.90) See. 12.3-4. License fees. The fees for a fortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of one thousand dollars i$1,000.00)for each twelve-month period or fraction thereof.(Ord. No. 20.90, $ 4, 4.10.90) Sea. 12.5.5. Bond. Every applicant for a fortunetelling,palmistry,clairvoyancy or astrology license shall file with the clerk-auditor of the city a surety bond running to the City of Dania Florida. in the amount of one thousand dollars 41,000.00)with surety acceptable to and approved by the city commission conditioned that the applicant,if issued a fortunetelling,palmistry, clairvoyancy or astrology license,will comply fully with all the provisions of the ordinances of the city,and the statutes of the State of Florida and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the pan of the licensee.his agent or employees in the conduct of the licensee's business.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in its discretion in lieu of a bond. !Ord. No. 20.90, $ 5, 4.10.90) Sec. 12.5.6. Place of conducting activities. No fortunetelling,palmistry,clairvoyancy or astrology activities shall be conducted within any of the residential areas of the city or other areas not zoned for such activity. tOrd. No. 20.90, 4 6, 4.10.90) Supp.No.40 755 DAZMA CODE Sec. 12.5.7. New applications and renewals. The provisions of this chapter shall apply to all new applicants for occupational licenses for fortunetelling, palmistry, clairvoyancy or astrology activities and for all renewals of U. censes issued for fortunetelling, palmistry, clairvoyanry or astrology activities that are in effect at the time of the effective date of,tbis chapter.tOrd. No. 20.90, 17, 4.10-90) Sec. 12.5.8. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be flood not exceeding five hundred dollars ($500.001 or by imprisonment in the county jail not exceeding ninety(901 days,or by both such fine and imprisonment. Each violation shall constitute a separate offense and shall be pun. ishable as such hereunder. tOrd. No. 20.90, $ 8, 4-10.901 Suva No.40 (The next page is 7791 738 CITY OF DAMIA BEACH GROWRIYANAGBOWIEPARTk . DIVISION OF OCCUPATIONAL s'CEN.�. 100 WEST DAMIA BEACH BOULEVARD DANIA REACH,PL 33004 PMO&95"24.36"OR 951424.3657 FAX:954022-2697 �.75 VATY ME Aft. LIMME TrDC pQ IRY ticmz PWOY9:m. roLlo ;' CEIVED f I TRANNRNt COMA (TOR 'Orr/C_ USE ONLI7 ! ; TRANNRRR LOCATION MAR 0 4 MIA XQU-OCC17PATIar Please f111 in all Dlanaa. LICZWZ ND. o?>^; 2'5" tozu arlll be re&DlDed &ale&& DATE Isto all -affrsprla&e Ilan&& are filled LICENCE rsC n !a. Manz -.or &uslunss� tII9ILXXXXs AWXXXS dl9 A/ 1 � vasossRsss r/9wwsnr5�g5 �aacScd PRIIICIP 'S NANCS J1tD AOOtESiII � LC � i � 1 9 A/ d/ Nfip, 4-f 3300 A leer — P eFPltiON A"LYING PON L;CCNNC CLO°t -7S4- 4 R3S5`1,';; e �14 � RES. 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FLORIDA OCCUPATIONAL LICENSE DIVISION NOTICE TO ALL BUSINESS OWNERS PURSUANT TO FLORIDA STATUES CHAPTER 205 "LOCAL OCCUPATIONAL LICENSE TAXES", ALL BUSINESS OWNERS ARE REQUIRED TO PROVIDE A FEDERAL IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER TO THE LOCAL GOVERNING AUTHORITY PRIOR TO THE RENEWAL OR ISSUANCE OF YOUR OCCUPATIONAL LICENSE. IT IS ALSO REQUESTED THAT YOU PROVIDE YOUR STANDARD INDUSTRIAL CODE IF AVAILABLE. BUSINESS INFORMATION BUSINESSNAMF ��( G L L --. • DB/A: T , OWNER: � U FEDERAL ID NO.: SOCIAL SECURITY #�: DEPT. OF REVENUE SALE & USE TAX NO. SIGNATURE: 0 Q DATE: Thank you for your cooperation "Braward's First City- 100 Wesr Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 v w vci.dania-beach.fl.us The Suunshh' Stateuco momm pow Lin e,tLVDra+va000 j me *W. rim: Boom. mvucm WPA � I damdxvelirLm�Mronwtb ury�MdYOK�M�"' CITY OF DANIA BEACH = Agenda Item # Agenda Request Database Date of Commission Meeting: Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (idenfity appropriate Action or Motion) Request by Diane Thompson for local business tax receipt for a Palmistry/Fortuneteller license for property located at 2511 Stirling Rd. Why Action is Necessary Section 12.5-2 of the Dania Beach Code of Ordinance indicates such a license is to be granted or reviewed by the City Commission on an annual basis. What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Fiscal Impact(Cost Summary Exhibits Attached 1. Copy of commission hearing notification letter to applicant. 2. Copy of background check from Detective Richard Tarrant, BSO. 3. Copy of section 12.5-2 of the Dania Beach Code of Ordinance. 4. Copy of application. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT OCCUPATIONAL LICENSE DIVISION June 9, 2008 Sophia's Psychic Shop 2511 Stirling Rd Ft Lauderdale, FL 33312 Attn: Diane Thompson Dear Diane: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 2511 Stirling Rd, Dania Beach, at their June 24, 2008 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Room at 100 W Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for our information is Chapter 12.5 of the Dania Code of Ordinances which concerns Y P Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. We are in receipt of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sincerely, ans Warwick Business Tax Coordinator cc: Ivan Pato, City Manager Nick Lupo, Chief of Code Enforcement 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Phone.954-924-6800 Fax:954-924-6812 www.DaniaBeachft.gov \W I f rra�e rh Service wi1�t Thf�if� AL LAMBERTI SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: May 28, 2008 Subject: DIANE THOMPSON Race: W Sex: F DOB: 12-23-1951 Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/crimiiialhiLoa or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-l7th-flcourts.org/bccoc2/pubsearcli/public_search.asp Central Courthouse—201 S.E. 6 h Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—.3550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse : 100 d. Pine Island Road, Plantation, FL 33317 CHECK COMPLETED BY: _ CCN: 14632 *Check not valid without signature and CCN. /Y 1` J CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION INTEROFFICE MEMORANDUM TO: Chief Donn Peterson / Detective Richard Tarrant Broward Sheriffs Office District 11 THRU: Nick Lupo Chief Code Enforcement FROM: Pansy Warwick Business Tax Coordinator RE: Request Background Check for Palm istry%Fortuneteller Local Business Tax — Sophia's Psychic Shop—2511 Stirling Rd DATE: May 13, 2008 A request has been made for renewal of a local business tax receipt for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Sophia's Psyhic Shop at 2511 Stirling Rd. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by May 23, 2008. Please contact us should you have any questions. attachment pw Chapter 12.5 FORTUNETELLERS,PALMISTS.CLAIRVOYANTS AND ASTROLOGERS* Sec. 12.5.1. License required. It shall be unlawful to engage in the business of fortunetelling,palmistry,clairvoyancy or astrology in.the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business. tOrd. No. 20.90, § 1. 4-10.90) See. 12.5-L Issuance and revocation of license. (a) The city commission of the City of Dania, Florida, is hereby authorized to grant or renew a fortunetelling,palmistry,clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in pare- graph(b) of this section and the Kling by the applicant of the bond required by section 12.5.5 of this chapter. i b) The form on which application shall be made for a fortunetelling,palmistry,clairvoy anay or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; (3) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time. place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry,clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; 5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; •Edltor's note—Ord. No. 20.90, §§ 1-8, adopted April 10, 1990, did not specifically amend the Code: hence inclusion herein as Ch. 12.5,§§ 12.5.1-12.5.8,was at the discretion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi- sions and an effective date,have been omitted from codification. Cross references—Licenses, Ch. 15;fortunetelling for illegal purposes, § 17.7. Supp•No.40 753 1 12.3-2 DANIA CODE 6� A photograph of the applicant, taken within sixty M) days immediately prior to the date of the filing of the application. which picture shall be two 0 inches by two t2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner.except that the city commission may waive this requirement with respect to an application for renewal of a fortuneteiling, palmistry, clairvoyancy or astrology license by an individual holding an unexpired fortuneteiling,palmistry,clairvoyancy or astrology license issued under this chapter who has in a previous application under this chapter complied with this requirement; M The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward. State of Florida, who will certify an to,the appli• cant's good moral character and business responsibility,except that the city commis. sion may waive this requirement with respect to an application for renewal of a fortunetelling,palmistry,ciairvoyanry or astrology license by any individual holding an unexpired license issued under this chapter who has in a previous application under this chapter complied with this requirement. c) Before issuing a fortunetelling, palmistry, clairvoyancy or astrology license to any individual applying therefor, the city commission shall refer the application to the Broward County Sheriffs Office who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the city commission may waive this requirement with respect to an appli- cation for renewal of an existing license by any individual holding an unexpired fortunetell- ing,palmistry, clairvoyancy or astrology license issued under this chapter if an investigation of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for such license under this chapter. The sheriff or his deputy shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and business responsibility of the applicant is satisfactory. d) A fortunetelling, palmistry, clairvoyancy or astrology license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission, if they determine after notice and hearing that: 1) The applicant or license-holder is not an individual of good moral character and business responsibility; or 2) The application of the applicant or license holder contains any false, fraudulent or misleading material statement: -3) The applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of the business in the city; or 4) The applicant or license holder has violated any of the statutes of the State of Florida relating to fortunetelling, palmistry, clairvoyancy or astrology; or Supp.No.40 754 FORTUNETELLERS. P.ALbiISTS. CLAIRVOYANTS, ASTROLOGERS 4 12.5.6 5) The applicant has been convicted of any crime or misdemeanor involving moral tur- pitude: or ;6) The applicant or license holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. 4) Notice of the hearing provided for in paragraph(d)above shall be given in writing to the applicant or license holder as the case may be.Such notice shall be mailed,postage prepaid to the applicant or license holder as the case may be at his last known address at least five(5) days prior to the date set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel. (Ord.No. 20.90, § 2. 4-10.90) Sea 12.5.3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may,within thirty t30)days :rom the date of rendition of such decision, apply to the circuit court for the Seventeenth Judicial Circus in and for Broward County, Florida, for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 20.90, § 3, 4-10.90) See. 12.3.4. License fees. The fees for a fortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of one thousand dollars($1,000.00)for each twelve-month period or fraction thereof.(Ord. No. 20.90, § 4, 4.10.90) See. 12.5.5. Bond. Every applicant for a fortunetelling,palmistry,clairvoyancy or astrology license shall rile %vith the clerk-auditor of the city a surety bond running to the City of Dania. Florida. in the amount of one thousand dollars t$1,000.00)with surety acceptable to and approved by the city commaxion conditioned that the applicant,if issued a fortunstelling,palmistry, clairvoyancy or astrology license,will comply(billy with all the provisions of the ordinances of the city,and the statutes of the State of Florida and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee,his agent or employees in the conduct of the licensee's business.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in its discretion in lieu of a bond. (Ord. No. 20.90, § 5, 4.10.90) See. 12.5.6. Place of conducting activities. No fortuneteiling,palmistry,clairvoyancy or astrology activities shall be conducted within any of the residential areas of the city or other areas not zoned for such activity. tOrd. No. 20.90, § 6, 4-10.90) Supµ Na 40 755 DANiA CODE Sec. 12.5.7. New applications and renewals. The provisions of this chapter shall apply to all new applicants for occupational licensee ,or fortunetelling, palmistry, clairvoyancy or astrology activities and for all renewals of U. censes issued for fortunatelling, palmistry, clairvoyancy or astrology activities that are in effect at the time of the effective date of,tbis chapter. i0rd. No. 20.90, 3 7, 4-10.901 See. 12.5.8. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.001 or by imprisonment in the county jail not exceeding ninety(901 days,or by both such fine and imprisonment. Each violation shall constitute a separate offense and shall be pun. ishable as such hereunder. (Ord. No. 20.90, $ 8, 4.10-901 SUPS,No. 40 (The next page is 7791 758 CITY OF DANIA BEACH Department of Community Development Zoning Division CERTIFICATE OF USE CERTIFICATE #: CU-08-0042 RECORD #: 000043 BUSINESS NAME: Sofia Psychic Astrology BUSINESS ADDRESS. 2511 Stirling Road BLDG #: BAY #: BUSINESS PHONE: 305-942-1629 BUSINESS USE(S): astrology/palm/psychic readings PROPERTY ZONED: C-2 FOLIO #: 504232450010 DATE: 05114/2008 CERTIFICATE APPROVED BY: Kristin Dion — LIMITATION(S): Although C-2 does not allow this use, the applicant is purchasing an existing business with the same use at this location. �> `t o F S L E , zl' MUST BE POSTED AT BUSINESS LOCATION CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION 100 W Dania Beach Blvd. Dania Beach,FL 33004 TEL:954-924-68051 FAX: 964-922-2687 CERTIFICATE OF USE APPLICATION Folio#: �� Date of Application: 7 'v ! r Property Zoned Name of Business: i Business Tel: DB/A: J Jt�lild 'G`Crl, Business Fax: Business Address: --- Bay/Suite#: '.� Emergency Tel: Building#: �— {l Square F[of Bay/Space: L -- Email: --._ - Yes [XNo ' - - "> V l Multi-Tenn Bldg: i ] _ Business Owner's Name: t L) L—j Cl ZG� Home Tel: - Business Owner's Address: '— 1 .i J 77V �� � i Alternate TeC__.--- Business Owner's City/State/Zip: ,l, CERTIFICATE OF USE APPLIED FOR(CHECK ONEI: [ [ Change of Ownership [ ]New Business Change of Business Name [ ]Adding or Changing of Use [ I Transfer Location(existing business to new location) — PROPOSED USE(DETAILED DESCRIPTION OF ACTIVITIES): lf ' Gi 1 ,IG'Ct t ' r J NOTE: Application must be signed by business owner or authorized corporate officer. Title Signature Date Printed Name State of Florida: ' County of Broward: a of ' ��}�', L, LL, by 1 The foregoing instrument was acknowledged before me this , dy ' as identification,and who did(or did who is personally}now to me or who has produced not)take an oath. - - NOTARY P BLIC(SEAL) MY COMNDSSION EXPIRES: OFFICE USE ONLY,DO NOT COMPLETE BELOW THIS LINE / 1j�A>'YPROVED:CERTIFICATE NUMBER: l N y �G)/ BY(INITIALS): DATE: / l; 1 1 DENIED:INFORMED APPLICANT VIA: REV 04/08 I Sylvia Sabrina Mitchell of 2511 Stirling Road, Ft. Lauderdale, FL 33312 is giving Psychic Astrology Shop to my Aunt Diane Thompson of 2511 Stirling Road, Ft. Lauderdale, FL 33312. 4 Sylvia Sabrina Mitchell Diane Thompson PsDrilM r U10 Co.,Ln:. 1C ct L 0 R T A 71 2 ?p The Sunshine.State -- r LICENSE NI.MSER 1 �- SYLWI SABRIRA MITCHELL n 911 BEI:LEAIR ROAD �. CLEARWA7ER FL 337WZ248 R F '6-� � &RfM pR1£ SES IGT. REST EMORSE ` 03-1743 F 6.06 iS D IX RES IXRE m 04-1" 03-17-10 00." 'Y' r rw WE ORNER �JT�1MON1 �D°n N a mdv wniGe tonsliMec mnseRl m anY%�^bY tee reQuireC by IRvi . iTY OF DANIA BEACH Lic. #: ez Local Business Tax Receipt Division Fee: "` � •� _ - 100 W Dania Beach Blvd.Dania Beach,FL 33004 a" Phone: 954-924.6805 ext 3644/Fax: 954-924-6812 %1GaCl�. .6 Business License Application Form Date of Application: Cl 5 o7 Property Folio: •°-Li/ ;- 3 ?-C'/' *Please fill in all areas as applicable- INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Business Information: Name of Business: �llC(S ,d'��� 1[r �l_G �il"C�`--lam' Business Phone: � ram(`-'0•�� � �� DB/A: - � U(t� �} t ' } fL°, I'LL". Business Fax I`•l� "l _. \ i �^Business Address: y Ir ��" Ec ' y ( EmergencyLa-) Business d �` Mailing Address: Ii,. In an Enterprise Zone? Email Address: 4, +` If yes,K of Employees: Federal ID(EIN)or Social Security Dept.of Revenue Sale&Use Tax N: Business Owner(s)Name(s) Address DOB Home Phone A- m� . ,c _0- F2 i� Person Applying for License:ply Name: Imo! I [ iI) "��ZC Y I'1 Ps c /ll Title:C � {� ' (Within company)L�l..t?U'����`X '-�_���"'.�-��1 Email: I� �i)�.�`_.f"• Phone: Cell Phone: Type of License Requested(Check one please): - New License Transfer Ownership ElTransfer Location El Home Based Occupation ' ❑ Update License Information ElBusiness Name Change (I ' C' 011.) CI'4-C(Cf ( I ?CJ Proposed Use: J (Description of use MUST be included with application.Attach additional sheets on company letterhead as needed.) Specialized Information(Fill in only if applicable): Restaurant: Service Station:_ Manufacturer: Beauty Salon:_ Real Estate:_ (Number of seats) (Number of pumps) (Number of employees) (Number of stations) (Number of salespersons) Insurance/Sanitation Information(REQUIRED): Name of Insurance Co: 6 �'X IFIC.f\( � �f �!'�{l1/�.f` Phone: �Sanitation Company: bnrl lad - Phone: I hereby certify that the above information is complete,true and correct;and further I understand that any misstatement of facts contained in this application may cause the license to be revoked. v f r y. �= C j C 7 %0,Y SIGNATURE OF APPLICANT DATE The premises will be inspected by the Building Department and the Fire Prevention Bureau.If any violations exist,said violations must be corrected within the time allotted or the application for license may be denied,and possible Code Enforcement action may be taken. REV 04/08 lw (fit fin C i Cen�� r 16 rna bU5,1-)e`sS h . \ � . . \\ [ 'Nt - . \ i � f\ � \ �%y:� Ap� �, « � �« www.sunbiz.org - Department of State Page 1 of 1 FLORIDADEPARTMENT OF DIVISION OF CORPORATION'S Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return to List No Filing History Fictitious Name Search Fictitious Name Detail Fictitious Name SOPHIA'S PSYCHIC SHOP Filing Information Document Number G08122900161 Status ACTIVE Filed Date 05/01/2008 Expiration Date 12/31/2013 Current Owners 1 County BROWARD Total Pages 1 Events Filed NONE FEI Number NONE Mailing Address 2511 STIRLING ROAD FORT LAUDERDALE, FL 33312 M Owner Information THOMPSON, DIANE 2511 STIRLING ROAD FORT LAUDERDALE, FL 33312 FEI Number: NONE Document Number: NONE Document Images 05/01/2008.--Fictitious Name Filing View image in PDF format Note:This is not official record. See documents if question or conflict. Previous on List Next on List Return to List No Filing History Fictitious Name Search Home C onta Ct us Document Searches E-Filing Services Fcrms Help Copyright and Privacy Policies Copyright 2007 State, of Florida, Department of State. http://wtivw.sunbiz.org/scripts/ficidet.exe?action=DETREG&doenum=G08122900161&rd... 5/12/2008 APPLICATION FOR REGIS . ,ATION OF FICTITIOUS NAME DOCUMENT# G08122900161 Fictitious Name to be Registered: SOPHIA'S PSYCHIC SHOP Mailing Address of Business: 2511 STIRLING ROAD FORT LAUDERDALE, FL 33312 Florida County of principal place of business: BROWARD FILED May 01, 2008 FEI Number: Secrefary of State Owner(s)of Fictitious Name: THOMPSON, DIANE 2511 STIRLING ROAD FORT LAUDERDALE, FL 33312 1 (we)the undersigned, being the sole(all the) party(ies)owning interest in the above fictitious name,certify that the information indicated on this form is true and accurate. I (we) understand that the electronic signature(s) below shall have the same legal effect as if made under oath. DIANE THOMPSON 05/01/2008 Electronic Signature(s) Date Certificate of Status Requested ( ) Certified Copy Requested( ► DATE(MM/DD/YY) FA—CORD— CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE o5/a9roa PRODUCER Marlins Insurance THIS CERTIFICATE .SUED AS A MATTER OF INFORMATION — ONLY N.591h Terr ONLY AND CONFEk—,a0 RIGHTS UPON THE CERTIFICATE li HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Hollywood,FL 33021 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW _J Phone (954)983-9994 Fax (954)989-3995 INSURERS AFFORDING COVERAGE NAIC# INSURED Walter& Diane Thompson INSURER A: LEXINGTON INSURANCE COMPANY _ 2511 Sterling Rd INSURER B: FORT LAUDERDALE, FL 33312 INSURER C: INSURER D. L_ INSURER E: COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT { ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LT INSRD _ DATE MMIDDNY DATE MMIDD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE _II, ❑COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDAI PREMISES(Ea occurence1___ ❑❑ CLAIMS MADE ❑ OCCUR MED EXP(Any one person) ❑ ❑ PERSONAL&ADV INJURY '❑ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG ❑ POLICY ❑PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ❑ ANY AUTO I (Ea accident) ElALL OWNED AUTOS BODILY INJURY ❑ ❑ SCHEDULED AUTOS person) ' El HIRED AUTOS ( P ) ❑ NON OWNED AUTOS BODILY INJURY (Per accident) El PROPERTY DAMAGE t (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ❑ ❑ ANY AUTO OTHER THAN EA ACC ❑ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE ❑ ❑ OCCUR ❑ CLAIMS MADE AGGREGATE ❑ DEDUCTIBLE ❑ RETENTION WORKERS COMPENSATION AND EMPLOYn WC STATU- '� OTH EMPLOYERS'LIABILITY L"TORY LIMITS `J ER ANY PROPRIETOR/PARTNER/EXECUTIVE .E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? If yes,describe under I E.L.DISEASE-EA EMPLOYEE SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT OTHER A BOND 080964 05/12/08 O5/12 09 AMOUNT OF BOND $1,000 (DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PSYCHIC PALM READINGS I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF DANIA BEACH 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 100 W DANIA BEACH BLVD THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY DANIA BEACH, FL 33004 OF ANY KIND UPON TH I RER,ITS AGENTS OR REPRESENTATIVES. FAX (954) 922-2687 AUTHORIZED S N NE E ACORD 25(2001108) ©ACORD CORPORATION 1988 fl May 2, 2008 Broward County To Whom It May Concern: This letter is to acknowledge that I have been a property owner in Broward County for over 15 years. I have known Diane Thompson located at 2511 Stirling Road, Fort Lauderdale, FL 33312 for over five years and she is an upstanding citizen. Sincerely, )C Mary C. McCuish Property Owner 5281 SW 22 Avenue Ft. Lauderdale, FL 33312 , JUDITH H.SOLO MY COMMISSION#DD592150 XPI. y ERES:AUG 29,2011 Bonded through 1st State Insurance FOR ANA CKNOWLEDGEMENTINAN INDIVIDUAL CAPACITY: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this dayofhl� 20 V b (name of person acknowledging). (/ Signature of Notary Public (NOTARYSEALI _ujTih ri ,)C/",✓ Personally Known-' OR Produced identification Type of Identification Produced Fort Lauderdale 5/5/2008 To Whom It May Concern: I, Jan Natas, have known Diane Thompson for three years and know her to be a reliable and good person. Sincerely, Jan Natas /Lq'4 NOTARY PUBIR-STATE.OF FLORIDA Joseph E 3raccio Commission#DD670172 Expires: JUNE I8,2011 ppnpwP TUH4 At'WN'1'iQ I)bg✓Dyne{ng g9„INC. pp CITY OF DANIA BEACH Local Business Tax Receipt Division JJea6i V 100 R'Dania Beach Blvd.Dania Beach,FL 33004 !J Phone: 954-924-6805 ext 3644/Fax:954-924-6812 AFFIDAVIT OF INVENTORY If your business carries an inventory of merchandise, you must have this affidavit properly executed and returned to the Division along with the completed application form(s). I certify that the average dollar($)value of inventory maintained on the site of y Sub NAME OF BUSINESS *Please fill in areas where applicable. Percent of Inventory as Retail Product: % Value of Inventory as Retail Product:$ Percent of Inventory as Wholesale Product: % Value of Inventory as Wholesale Product:$ Total of Storage and/or Warehouse Space: Square Feet tL�' acm pp� SIGNATURE OF OWNr=R OR OFFICER TITLE PRINTED NAME DATE State of Florida: County of Broward: iin 1 The foregoing instrument was ackno—wj�edged before me this�_day of by.C)l�i4 n I114111,�—V'U who is personally know to me or who has produced R, DP_ Iu�16 I V, as identification,and who did (or did not) take an oath. N ARY PUBLIC (SEAL) NOTARY PLBLIC-STATE OF FLORIDA Joseph F. Braccio MY COMMISSION EXPIRES: Commission#DD5701 2 `Expires: JUNE IS,2S!i BONIlEU:9;'U.`d'Li 4TIC BOSli1SG C1).i iS(: REV 04108 Broward Sheriffs Office District 2 -Dania Beach Crime Prevention Unit 100 W Dania Beach Blvd _ f Dania Beach, FL 33004 Phone # 954-926-2400 ' Dania Beach Business Watch Membership Application -� (PLEASE PRINT) Date: J G-) Business Information 4�_ CC I 1 1 - RAC) . Business Name: ..� �� I Cl5 Business Address: ( �'(..t�- ��L((1 y7- . J� City: Dania Beach!!II f(' c� State: FL ZIP: 33�j) Business Phone..Cl!j - �N�Fr -�t) I�- Business Fax: N�i E-Mail Address: /KI��G� V�"1 Hours of Operation: Owner/Manager Contact Information Name:'D( CA n C C 1,� ( /� Address:S I1.,� '5� rr 11l-j VC1 i� fCc �- 1 {aGQ'�PuI W-C i-1 333 J:Z Home Phone:_ 1-0l 4- Otis 1 C);Lo Cellular: 3c] Emergency Contact Information Name Telephone Comments: For information on this and other crime prevention programs, please contact our Crime Prevention Unit at 954.926.2400. Zone# REV 04/08 `X CITY OF DANIA BEACH Local Business Tax Receipt Division - tza 100 W Dania Beach Blvd.Dania Beach,FL 33004 LL!!GG Phone:954-924-6805 ext 3644/Fax: 954-924-6812 J J PROPERTY OWNER/LANDLORD AUTHORIZATION TO ISSUE LICENSE I CERTIFY THAT I AM THE PRO ERTY OWNER AND/OR ��AUTHORIZED rAGENT Of F THE PREMISES LOCATED AT: �f5 I I c- i Y 1 I 11 C, rG V�.�.I J' !Ci�I� 1 �. M5i LESSEE BAY/UNIT!SUITE#(S): FOLIO #: AND HAVE LEASED SAID PREMISES TO: I'1 c q U'Y1 <' )v FOR THE PURPOSE OF CONDUCTING HIS/HER BUSINESS OF: if- cc I E cc I l(�L RA! h :1 r-FG d i ►�c, I FURTHER UNDERSTAND THAT THE BUILDING WILL BE INSPECTED BY THE CITY OF DANIA BEACH INSPECTORS AND AGREE THAT ANY VIOLATIONS (STRUCTURAL, ELECTRICAL, PLUMBING, MECHANICAL, AND/OR FIRE PREVENTION) WILL BE CORRECTED BY ME OR THE LESSEE. I ALSO UNDERSTAND THAT NO ALTERATIONS OR ADDITIONS WILL BE MADE WITHIN OR TO THE PREMISES UNTIL THE PROPER PERMITS HAVE BEEN PROCURED. IN ADDITION, NO SIGNS WILL BE ALTERED OR INSTALLED UPON THE PREMISES WITHOUT THE PROPER PERMITS BEING PULLED. LASTLY, ANY VIOLATIONS NOT CORRECTED MAY BE CITED BY THE CODE COMPLIANCE DIVISION, WHICH PURSUANT TO FLORIDA STATE STATUTES, I AM HELD ULTIMATELY RESPONSIBLE FOR REGARDLESS OF ANY LEASE CONDITIONS OR AGREEMENTS WITH THE LESSEE. � yy,, i 4 All' SIGNArOFER OR AGENT PRINTED AME � Co-)jl I )C—�(x)APL TITLE PHONE NUMBER DATE State of Florida: County of Broward: The foregoing instrument was acknowledged before me this day of 1 �-7 i CZ�JS.�— by who is personally know to me or who has produced J^(.• I OSI as identification, and who did (or did not) take an oath. r 1 tint) TARY PUBLIC (SEAL) NOTARY PUBLIC-STATE OF FLORIDA Joseph F. Braccio MY COMMISSION EXPIRES: :Commission#DD670172 D:pires: JUNE 18,2011 BANDED THRU 6rLANTtC BLI6D➢iG CO.,TNC. REV 04/08 CITY OF DANIA BEACH Agenda Item # (p Agenda Request Database Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action" "(1denfdyiappropoateAcliogpr_Motion)_ : Request by Elizabeth Miller d/bla Astrology Fortune Teller for renewal local business tax receipt for a Palmistry/Fortune Teller license for property located at 2730 Griffin Rd. Why Action is Necessary Section 12.5-2 of the Dania Beach Code of Ordinance indicates such a license is to be granted or reviewed by the City Commission on an annual basis. :Z What Action Accomplishes Purchasing Requests'ONLY Dept: Acct#: Arl Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ summary Explanation/Background Fiscal'Impact/Cost Sumniary`� x Exhibits Attached 1. Copy of commission hearing notification letter to applicant. 2. Copy of background check from Detective Richard Tarrant, BSO. 3. Copy of section 12.5-2 of the Dania Beach Code of Ordinance. 4. Copy of application. Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized`SIgnatures Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use, Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION June 9, 2008 Astrology Fortuneteller Attn: Elizabeth Miller 133 Fiesta Way Fort Lauderdale, FL 33301 Dear Ms. Miller: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 2730 Griffin Rd, Dania Beach, at their June 24, 2008 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Room at 100 W Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is Chapter 12.5 of the Dania Code of Ordinances, which concerns Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. Please update or submit a current copy of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sin erely, ansy Warwick Business Tax Coordinator cc: Ivan Pato, City Manager Nick Lupo, Chief of OCode Enforcement 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Phone:954-924-6800 Fax:954-924-6812 w w.DaniaBeachfl.gov �rr�e itz .Seruiee iviY�i I>2fee3'rf� AL LAMBERTI SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: May 28, 2008 Subject: ELIZABETH MILLER Race: W Sex: F DOB: 04-02-1943 Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database,the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http•//www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 6 b Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse— 3, 50 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthoe— 1 0 N. me Island Road, Plantation, FL 33317 CHECK COMPLETED BY: ,�= / I - y CCN: 14632 *Check not valid without signature and:N. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Nick Lupo Chief Code En orcement FROM: Pansy Warwick Business Tax Coordinator RE: Request Background Check for Palmistry/Fortuneteller Local Business Tax—Astrology Fortuneteller—2730 Griffin Rd DATE: May 9, 2008 A request has been made for renewal of a local business tax receipt for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Elizabeth Miller, d/b/a as Astrology Fortuneteller at 2730 Griffin Rd. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by May 23, 2008. Please contact us should you have any questions. attachment pµ' Chapter 12.5 FORTUNETELLERS,PAIZUSTS.CLAIRVOYANTS AND ASTROLOGERS* Sec. 12.5.1. License required. It shall be unlawful to engage in the business of fortunetelling,palmistry,clairvoyancy or astrology in.the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business. tOrd. No. 20.90, § 1, 4-10.90) See. 12.5-L Issuance and revocation of license. (a) The city commission of the City of Dania, Florida, is hereby authorized to grant or renew a fortunetelling,palmistry,clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in pare. graph(b) of this section and the filing by the applicant of the bond required by section 12.3.5 of this chapter. �b) The form on which application shall be made for a fortunetelling,palmistry,clairvoy ancy or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; 13) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time. place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry,clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; 5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; •Editor's note—Ord. No. 20.90, §§ 1-8, adopted April 10, 1990, did not specifically amend the Code;hence inclusion herein as Ch. 12.5,§§ 12.5.1-12.5.8,was at the discrecion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi- sions and an effective date,have been omitted from codification. Cross references—Licenses, Ch. 15;fortunetelling for illegal purposes, § 17.7. Supp.No.40 753 1 12.5-2 DANIA CODE 5) A photograph of the applicant, taken within sixty i60)days immediately prior to the date of the filing of the application. which picture shall be two 12l inches by two t2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner,except that the city commission may waive this requirement with respect to an application for renewal of a fortunetelling, palmistry, clairvoyancy or astrology license by an individual holding an unexpired fortunetelling,palmistry,clairvoyancy or astrology license issued under this chapter who has in a previous application under this chapter complied with this requirement; 7) The fingerprints of the applicant and the names of at least two M reliable property owners of the County of Broward. State of Florida, who will certify as to,the appli- cant's good moral character and business responsibility,except that the city commis sion may waive this requirement with respect to an application for renewal of a fortuaetelling,palmistry,clairvoyancy or astrology license by any individual holding an unexpired license issued under this chapter who has in a previous application under this chapter complied with this requirement. 'c) Before issuing a fortunetelling, palmistry, clairvoyancy or astrology license to any individual applying therefor, the city commission shall refer the application to the Broward County Sheriffs Office who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good. except that the city commission may waive this requirement with respect to an appli- cation for renewal of an existing license by any individual holding an unexpired fortunetell- ing,palmistry, clairvoyancy or astrology license issued under this chapter if an investigation of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for such license under this chapter. The sheriff or his deputy shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city Commission whether or not the moral character and business responsibility of the applicant is satisfactory. d) A fortunetelling, palmistry, clairvoyancy or astrology license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission, if they determine after notice and hearing that; 1) The applicant or license-holder is not an individual of good moral character and business responsibility; or 2) The application of the applicant or license holder contains any false, fraudulent or misleading material statement; -3) The applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of the business in the city; or 4) The applicant or license holder has violated any of the statutes of the State of Florida relating to fortunetelling, palmistry, clairvoyancy or astrology; or Supp.No. 40 754 FORTUNETELLERS. PALtiISTS. CLAIRVOYANTS, ASTROLOGERS § 12.5.6 5) The applicant has been convicted of any crime or misdemeanor involving moral tur- pitude: or 6) The applicant or license holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. ce) Notice of the hearing provided for in paragraph(d)above shall be given in writing to the applicant or license holder as the case may be.Such notice shall be mailed,postage prepaid to the applicant or license holder as the case may be at his last known address at least five(5) days prior to the date set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel. (Ord. No. 20.90, 12, 4.10.90) See. 12.5.3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may,within thirty t301 days from the date of rendition of such decision, apply to the circuit court for the Seventeenth Judicial Circuit in and for Broward County, Florida, for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 20.90, § 3, 4-10.90) See. 12.5.4. License fees. The fees for a fortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of one thousand dollars 41,000.00)for each twelve-month period or fraction thereof.(Ord. No. 20.90, § 4, 4-10.901 See. 12.5.5. Bond. Every applicant for a fortuneteiling,palmistry,clairvoyancy or astrology license shall file with the clerk-auditor of the city a surety bond running to the City of Dania. Florida. in the amount of one thousand dollars t$1,000.00)with surety acceptable to and approved by the city commission conditioned that the applicant,if issued a fortunetelling,palmistry, clairvoyancy or astrology license, will comply fully with all the provisions of the ordinances of the city,and the statutes of the State of Florida and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the pan of the licensee,his agent or employees in the conduct of the licensee's business.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in its discretion in lieu of a bond. ;Ord. No. 20.90, § 5, 4-10.90) Sec. 12.5.6. Place of conducting activities. No fortunetelling,palmistry,clairvoyancy or astrology activities shall be conducted within any of the residential areas of the city or other areas not zoned for such activity. tOrd. Na. 20.90, § 6, 4-10.90) Supp.No.40 755 e DANLA6 CODE Sec. 12.5.7. New applications and renewals. The provisions of this chapter shall apply to all new applicants for occupational licenses for £ortunetelling, palmistry, clairvoyancy or astrology activities and for ail renewals of U- censes issued for fortunstelling, palmistry, clairvoyancy or astrology activities that are in effect at the time of the effective date of;tbis chapter. t0rd. No. 20.90, $ 7, 4.10.90) Sec. 12.5.8. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be tined not exceeding five hundred dollars ($500.001 or by imprisonment in the county jell not exceeding ninety(901 days.or byboth such fine and imprisonment. Each violation shall constitute a separate offense and shall be pun- ishable as such hereunder. tOrd. No. 20.90, § 8. 4-10.901 Supp.No.40 (The next page is 7791 756 P.O. Box 1708 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 (305) 921-8700, EXT. 253 OR 259 APPLICATION FOR OCCUPATIONAL LICENSE IC NSE TYPE DATE OF APP. NEW LICENSE TRANSFER OWNE PROPERTY FOLIO ( ) TRANSFER LOC (FOR OFFICE USE ONLY) ( ) HOME OCCUPATIUN - LICENSE NO. 0093`1 Please fill in all blanks. DATE ISSUED Form will be returned unless LICENSE FEE all appropriate blanks are filled In. NAME OF BUSINESS �iS71 [fit i 4 FTil/ '< 7-c//'K -- 7 %) BUSINESS PHONE�IL BUSINESS ADDRESS Z 0 L I ( ���' ��p' - PRINCIPAL'S NAMES ADDRESS / r j - PERSON APPLYING FOR LICENSE , � " TTrc � �;W;THiN COMPANY) NAME 2zS _ _ z _ KOF BIRTH SEC. 1 SOC. DRIVERS DATE LICENS- El RES. PHONE 1 ALL ARREST OTHER THANOWNERIPERSON LYING FOR TRAFFIC LENSE OR RI CORPORATE MEMBERS, LIST ANY AND A ONSo NAME " DATE OF ARREST VIOLATION C1TY b STATE NAME DATE OF ARRES? 'vIOLATiCN CITY 6 STATE i r DESCRIBE IN DETAIL THE TYPE AND NATURE OF YOUR BUSINESSz�i--i IF A RESTAURANT NO. OF SEATS_7 SERVICE STATION NO. OF PUMPS IF A MANUFACTURER NO. OF EMPLOYEES NAME OF INSURANCE CO. (LIABILITY INS.) / PHONE LIST SANITATION COMPANY CT ZARE YOU THE OWNER OF THE NO, ADDRESS AND PHONE NO. OF OWNER,NAND RHAVE? F OWNER (OROWNERI'SS AGENT) COMPLETE AUTHORIZATION FORM (ATTACHED). OWNER OR AGENT ' "'2''l 1 '/ /"r",',ADDRESS 27 6 -d""i/-i/ PHONE`( I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE, TRUE AND CORRECT; AND FURTHER I UNDERSTAND THAT ANY MISSTATEMENT OF FACTS CONTAINED IN THIS APPLICAITON MAY CAUSE MY LICENSE TO BE REVOKED. i ' � DATE /c-i � - GNA/ E AP LIC NT THE PREMISES WILL BE INSPECTED BY THE CITY OF DANIA BOILDING DEPARTMENT AND THE FIRE MARSHALL. IF ANY VIOLATIONS ExIS?, SAID VIOLA730NS MOST BE CORRECTED WITHIN 15 DAYS OR LICENSE MAT D3 20NING CLRTIFICATION: PRIOR OWNER/BUSINESS ZONING CLASS._PROPOSED USE OF PROPERTY 4PPROVED BY THIS SPACE FOR CITY INSPECTORS .LECT INSP DATE MECH INSP DATE LMHG INSP _ DATE FIRE INS P____._D DATE fUILD INSP DATE CITY MANAGER_ _— )w;,RD SHERIFF ' S O: CE (p,ease Print All Information) ,( Emergency Contact Information Forms BAN 1 = BUSINESS NAME: f51 ,2�LOG f� k?T U/b % TG i/�e BUSINESS ADDRESS : 2-730 CRji4eU 90 BUSINESS PHONE 11 : cl( !, __j M 3 BUSINESS PHONE 12 : Ze Zv EMERGENCY CONTACTS - (Name/Address/Phone) 3s OWNER ! I : E-L i 21313L=TIC Miller"r 1 G ro S;w, `57�i�` N9/f/i /" 33iGs: ZZs"/3 S`J OWNER 02 : i'r"!? ��as 7S0 LR -�=,n �� ouD Roo ' 1�3 Cc>33 c� yL - iI7 � OWNER 13 : •`ALARM COMPANY : .�t n . �_ n �i � 2�2 Swi�uSt M 'Ra; � 52 -/u/`l PHONE 1 :3o5-- Z 52 ID /?S/f lcex J4A17' ALARM TYPE (Check one) : SILENT (A /AUDIBLE ( ) /FIRE ( ) /MEDICAL ( ) REMARXS : z�g&-rH _t f CITY OF DANIA BROWLRD COUNTY y3 DANIA, FLORIDA t3Rc✓^ v cwti, L'cRVE TN'S SPACE GLAkrK A',-)MART- I%...-_-AT:Jr. PL:.LE ..F E'RTH 1 /V10RiG�r f1LAr NpN� L E H. _ uEE OF O I"I:,L I,GF. E K� a FINGERPRIS:J H r✓ IF NO F,E..O;= IS . iN6 - 1.h rf!R� i ��rVa U:ti tS, R F IGHT R �� � Un c LE T NWOLE LEFT RING 10 LEFT L 7 1LE r ; — l7 �'b.�! fir lif r4�J Ir i�h` J w.r S LE=T FOUR Fil"' ' TAr FT3 NEOUSLv Lam. ? n�GH ,IGnY FOU F S TAKEN S ! 1TArVEOU S_ rr , i 4��/�� y'hjVl i THUMB THU��,� d tiCi ,yy 1 -i ram' NO 4Rrh ` I ' �f4, �2 F OFFICE OF THE MAYOR CITY OF DANIA BEACH Be PROCLAMATION WHEREAS, public parks and recreation systems are dedicated to enhancing the quality of life for millions of residents in communities around the world through recreation programming, leisure activities and conservation efforts; and WHEREAS, parks, recreation and leisure experiences provide opportunities for young people to live, grow and develop into contributing members of society; create lifelines and continuous life experiences for older members of the community; generate opportunities for people to come together and experience a sense of community; and pay dividends to communities by attracting business and jobs and increasing housing values; and WHEREAS, we recognize the vital contributions of employees and volunteers in parks and recreation facilities; and WHEREAS, these dedicated supporters keep public parks clean and safe for visitors, organize youth activities, provide educational programming on health, nutrition, first aid and gardening, advocate for more open space and better trails, and fundraise for local improvements; and WHEREAS, these dedicated supporters ensure that parks and recreation facilities are safe and accessible places for all citizens to enjoy; NOW, THEREFORE, I, Albert C. Jones, Mayor of the City of Dania Beach, do hereby proclaim the month of July, 2008, as: National Parks and Recreation Month in the City of Dania Beach, Florida, and call upon park and recreation supporters to join us in recognizing the importance of our nation's parks and recreation facilities and to learn more about how to support the places that bring our communities a higher quality of life, safer places to play, and healthy alternatives through recreation programming for everyone. We also resolve that during Recreation and Parks Month all citizens enjoy what their community has to offer by taking part in their favorite sports, visiting the outdoors, spending time with family and friends, or just relaxing. ATTEST: LOUISE STILSON, CIVIC ALBERT C. JONES CITY CLERK MAYOR 1,07. MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION WEDNESDAY, JUNE 4, 2008 - 7:00 P.M. (IMMEDIATELY FOLLOWING THE CRA BOARD MEETING) 1. Call to Order Mayor Jones called the Workshop to order at 6:50 p.m. 2. 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 3. Presentation by Scott Backman, Esq.: Proposed 5-story, 127 room hotel located at SW 19`h Court, Leto Park Plat(North of Stirling Road, North of Valguard approved site plan) Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. She advised the request is to construct a new 5-story hotel on a vacant lot. Ms. Lajoie indicated that the applicant would be requesting variances for parking, loading berths, signage and pole sign. The Commission discussed the Library project while Mr. Backman tried to set up his PowerPoint presentation. City Manager Pato advised that a draft of the proposed interlocal agreement for the Library was submitted to Broward County for their consideration. He noted that this item will not be on the County agenda until at least August, mainly due to County staff summer vacation and budget preparation. City Attorney Ansbro explained that the County is suggesting a 50-year lease for the Library, but he will try to reduce the term to a 30-year lease. Commissioner Flury questioned if we could start the RFP process for the building before we finalize the interlocal agreement with the County. Dominic Orlando, Director of Public Services, explained this was not possible because part of the interlocal agreement information and legal requirements would need to be included in the Design-Build package; however City staff is moving as fast as we can. He noted that the County has been very reasonable in accepting our suggestions. Vice-Mayor Castro noted that we should make sure that the CRA funding matter and the Library issues are not placed on the same County agenda. Scott Backman, of the law firm of Siegel, Lipman, et al, representing the applicant Marriott TownePlace Suites, noted there would be three hotels in close proximity. He explained that this would be an extended stay hotel for business travelers. Attorney Backman indicated they would need a variance for parking, although they would provide a complimentary airport shuttle. He noted the Cambria Suites no longer requires a parking variance. There will not be a restaurant or cocktail lounge in the TownePlace Suites. Attorney Backman advised they would also require a variance for the pole sign, building signs, and one for the loading zone. He advised that the three hotels would be connected through a lighted pathway and the roadway would also be shared. Commissioner Bertino asked if they could install solar lighting in the parking lot. Attorney Backman agreed to discuss this matter with the architects and bring a response to the Commission when the project comes back for consideration. Commissioner Flury suggested a shared parking agreement with the other hotels. City Attorney Ansbro advised that he is working on creating a hotel overlay district that would affect the hotels on Stirling Road and Griffin Road. He explained that businesses joining this group would be able to provide 90 percent of their required parking, subject to agreements for shared parking. Commissioner Flury was concerned with the increase of pole signs in our City, and suggested one nice sign for all the hotels. Vice-Mayor Castro noted she would not object to the parking, building signs, or loading zone variances. However, she was concerned with the size of the pole sign and noted that 75 square feet was large for the marker and would like to see it reduced. Commissioner Bertino reiterated that the shared parking agreement would be a good solution to the parking issue. He suggested a sign like the proposed DCOTA monument sign as an alternative to the pole signs. Commissioner Anton had no objection to the project. He noted that a pole sign was a necessary evil when dealing with hotels, visibility, and a major highway. Commissioner Anton agreed with Vice-Mayor Castro regarding the size of the pole sign. He suggested a shared sign which would meet the needs of all the businesses in that area as well as the City requirements. Commissioner Anton confirmed with Attorney Backman that the proposed hotel would not provide conference facilities other than a small conference room to host in-house meetings. Minutes of Workshop 2 Dania Beach City Commission Wednesday,June 4,2008—7:00 p.m. (Immediately following the CRA Board Meeting) Mayor Jones agreed with the rest of the Commission regarding the shared parking and the pole sign and hoped the three hotels would come to an agreement on these issues. The general consensus of the Commission was to move forward with the project. Commissioner Anton noted that he, City Manager Palo and City Attorney Ansbro met with Frank Brogan and other FAU representatives, regarding the Marina property. He noted this would be a discussion item on Tuesday's City Commission agenda. Commissioner Anton explained that we currently have control of the Marina until 2012 at which time the property reverts back to FAU with the City having the first right of refusal until 2046. He further advised that we are attempting to return the Marina to the City so we can proceed with the improvements that we have planned to make it profitable. Commissioner Anton noted that FAU wants scholarship money and the Aragon Group was paying 20% of the net profit to FAU. The City has been operating at a loss. At the request of FAU Attorneys, we obtained an appraisal of $1.5M, as the marina exists today. The buyout, which would include all of the interest of the lease through 2046, with an additional 49 year period, would be $780,000. He pointed out that if we do a one-time lump sum buyout for $780,000 we would never have to be concerned about this issue again. Commissioner Anton advised that we are currently negotiating an agreement with the Florida Inland Navigation District (FIND), therefore we would need to make a decision by the end of July. City Attorney Ansbro explained that FAU currently pays the City $32,000 per year and that the net buyout in cash would be $380,000. He advised that if we move forward with this plan for a lump sum, with FAU not making any future payments until 2046, we would recover the Marina immediately. Commissioner Bertino thought it was a very attractive offer and we should proceed with the buyout. City Attorney Ansbro advised that FAU President Brogan agreed with the proposal and indicated that they could bring it to their Board of Trustees for consideration on June 23. Commissioner Anton remarked that this issue could be resolved by July and the Marina would be ours forever. Vice-Mayor Castro noted that we own the Marina land and we would only be suspending their lease payments for the SeaTech portion of the property. She clarified that we would have the Marina land permanently and eventually we would get the SeaTech portion as well. She questioned the funding source for the proposed buyout. Commissioner Anton noted that staff would provide the necessary information for discussion at the June 10 Commission meeting. Vice-Mayor Castro commended Commissioner Anton as well as City Attorney Ansbro and City Manager Pato on their efforts to have this matter resolved. Minutes of Workshop 3 Dania Beach City Commission Wednesday,June 4,2008—7:00 p.m. (Immediately following the CRA Board Meeting) Commissioner Anton clarified that we would no longer provide scholarship money and that there would not be any more changing hands of money until 2046, when they would have to renegotiate with us for the lease of the SeaTech facility. He advised that the City would probably allow them access to the Marina to load/unload their equipment, provided the rest of the Commission agreed with this recommendation. 4. Adjournment Mayor Jones adjourned the Workshop at 7:36 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 4 Dania Beach City Commission Wednesday, June 4, 2008—7:00 p.m. (Immediately following the CRA Board Meeting) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION �• / TUESDAY, JUNE 10, 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 Ronald Scott, Restoration Outreach Center, 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 Vice-Mayor Castro introduced Carole Duncanson, Lobbyist hired by the City, to the Commission. Ms. Duncanson thanked the Commission for the opportunity to serve the City during the legislative session. Vice-Mayor Castro noted that Ms. Duncanson's assistance was instrumental in our issues with FDOT, such as the reduction of right-of-way on trafficways in the US 1 Corridor, and permission to clean up the corner of Griffin Road and Interstate-95. Mayor Jones pointed out that Ms. Duncanson also arranged for City officials to meet with the representative in charge of the Governor's Green Initiative for Florida. He further advised that people in Tallahassee were interested to hear about the implementation of solar lighting in Dania Beach. Ms. Duncanson indicated that tomorrow Governor Crist will announce his budget vetoes and we will know what funding Broward County will receive next fiscal year. 4. Presentations and Special Event Approvals 4.1 Recognition for Olsen Middle School Volleyball Team Mayor Jones and BSO Chief Donn Peterson presented Certificates of Recognition to Coach Patrick Hutchens and members of the Olsen Middle School Boys' Volleyball Team for winning the Broward County Volleyball Championship on May 29, 2008. 4.2 Presentation by Dr. Brenda Snipes, Supervisor of Elections Dr. Brenda Snipes, Supervisor of Elections, introduced members of her staff and presented a PowerPoint overview on the upcoming elections. The presentation is attached to and incorporated into these minutes. 4.3 Special Event request for the Hollywood Beach Super Boat Grand Prix, to be held on June 12-16, 2008 Mayor Jones requested that the City be compensated for the loss of parking spaces at the beach due to the crane that will be used to lift the boats into the water. Robert Chunn, representing John Carbonell, President of Super Boat International Productions, Inc., noted that this matter was already discussed by both parties and the City would be compensated for the parking spaces for the Hollywood race. Commissioner Flury wanted assurances that people will be able to use the beach parking lot. City Manager Pato advised that the crane would be located in the Whiskey Creek area and would take away about forty parking spaces. Vice-Mayor Castro noted that we would need to sacrifice the parking because this is a very positive event for the City. Commissioner Bertino motioned to approve the Special Event request for the Hollywood Beach Super Boat Grand Prix; 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 4.4 Special Event request for the Dania Beach Super Boat Grand Prix to be held on July 17-21, 2008 Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. Commissioner Bertino motioned to approve the Special Event request for the Dania Beach Super Boat Grand Prix; 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 There were no proclamations at this meeting. 6. Citizen Comments Derrick Hankerson, 746 SW 3rd Street, thanked the Commission for the City's Visioning Workshop and noted the Mellgren Group did a great job. He commented on a situation regarding a water bill for irrigation received by Ruth Phillips, a member of College Gardens Neighborhood Association. The bill for irrigation was $108.00 and she indicated that she had a difficult time dealing with the Water Department. Ms. Phillips had a plumber check the irrigation system and he did not find a leak. Mr. Hankerson was worried to hear comments such as "this happens all the time". He hoped the City would mitigate this issue for the resident. Mayor Jones asked Public Services Director Orlando to look into the matter. Commissioner Bertino was concerned with the comment that this happens all the time. He would like to see this problem rectified. City Manager Pato advised that in other cases we found that people were watering their lawns 3- 4 times per week and would sometimes let the water run longer. He noted that the Finance Department brings these matters to his attention as well as the Public Services Department. City Manager Pato clarified that only the Commission can mitigate or reduce the fee. Vice-Mayor Castro suggested implementing an internal process to deal with customer service matters. Jimmy Crimminger, 237 SW 15`h Street, commented on the Visioning Sessions and encouraged residents to attend the upcoming sessions on June 20-22 at Frost Park. He spoke about the AlA designation as a Florida Scenic Highway. Joe Van Eton, 1500 SW 2"d Avenue, noted he attended the Visioning Sessions over the weekend and was pleased to see citizens providing their input at this exciting time for our City. He commented the Sleep Inn and Suites on Sheridan Street and SE 5`h Avenue was recognized as the first "green" hotel in Broward County. Mr. Van Eron was happy to see that our first downtown hotel project, Luckey's Hotel, had a preliminary approval from the Commission. He further Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. noted that his property received the Superior Small Lodging Award for the fifth year in a row. Mr. Van Eton advised that today the County Commission voted to move forward and use Tourism Development Tax (TDT) funds to build a Convention Center Hotel, a decision which is against the wishes of the tourism industry in Broward County. He would like the City to look into obtaining TDT funds from the County, similar to the action taken by the City of Hollywood. Vice-Mayor Castro motioned for the City Manager to contact the County to obtain TDT funds for the City; 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 Victoria Payne, Executive Director of the Greater Dania Beach Chamber of Commerce, announced that the next Chamber Breakfast, to be held on Thursday, June 12, at the Roadway Inn, would honor the Teacher of the Year. She read the names of the teachers being recognized on this occasion. 7. Consent Agenda Items removed from Consent Agenda: #7.3, #7.5, #7.6 and#7.9 7.1 Minutes Approve minutes from the May 27, 2008 City Commission Meeting 7.2 Travel Requests: Request of Kristen Jones, Director of Parks and Recreation, to attend the Florida Festivals and Events 2008 Convention in Orlando, Florida on August 6-8, 2008, for certification purposes (Estimated cost $781.50; remaining budget $143.50) Request of Mark Felicetty, Parks and Recreation, to attend the 2008 FRPA Conference in Orlando, Florida on August 25-29 2008, for certification purposes (Estimated cost $964.00; remaining budget $536.00) Resolutions 7.3 RESOLUTION #2008-083 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPOINTING IVAN PATO AS CITY MANAGER; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from May 27,2008) Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. City Attorney Ansbro read the title of Resolution #2008-083. Commissioner Flury asked the City Attorney if the merit increase and COLA for the City Manager were included in this Resolution. City Attorney Ansbro clarified these items are not included in this package and if the Commission wants to award any of them, a resolution would have to come back for consideration. Commissioner Flury questioned if this Resolution would prevent the Commission from making any changes during the budget. She said that when we review the compensation plan, she would prefer to see an automobile allowance, which would be a fixed amount. City Attorney Ansbro advised the Commission could make changes at any time. City Manager Palo noted he would prefer an automobile allowance. Commissioner Bertino motioned to adopt Resolution #2008-083; 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 7.4 RESOLUTION #2008-096 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RENEWAL AGREEMENT ON BEHALF OF THE CITY WITH DRC EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2008-104 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A "RAILROAD REIMBURSEMENT AGREEMENT; GRADE CROSSING TRAFFIC DEVICES-MUNICIPAL" AGREEMENT WITH FLORIDA EAST COAST RAILWAY, L.L.C. ("FEC') AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN CONNECTION WITH THE IMPROVEMENT OF THE NW IST STREET RAILROAD CROSSING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-104. Mayor Jones asked if the crossing would be improved. Dominic Orlando, Director of Public Services, noted he can only comment on what is attached in the backup material. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 10, 2008—7:00 p.m. Mayor Jones asked if we could improve the crossing to ADA requirements. Director Orlando noted the sidewalks on the east side stop a block before the crossing, and we would need permission to do the work in-house. He suggested we ask our ADA Consultant for his recommendation. Mayor Jones passed the gavel and motioned to adopt Resolution #2008-104; 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 7.6 RESOLUTION #2008-105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO SEWER REHABILITATION FORCE MAIN IMPROVEMENTS; AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS OF TEMPORARY ADVANCES MADE FOR PAYMENTS PRIOR TO ISSUANCE, AND RELATED MATTERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-105. Commissioner Anton asked for an explanation of this item. Dominic Orlando, Director of Public Services, responded this is a housekeeping matter for the State to get bonds. Commissioner Anton motioned to adopt Resolution #2008-105; 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 7.7 RESOLUTION#2008-103 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT FOR NEIGHBORHOOD MASTER PLANS SERVICES WITH THE MELLGREN PLANNING GROUP, INC. TO PROVIDE ADDITIONAL CONSULTING SERVICES TO THE CITY IN CONNECTION WITH CERTAIN COMMUNITY REDEVELOPMENT AGENCY TASKS, FOR AN AMOUNT NOT TO EXCEED $371,900.00; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2008-102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,June 10,2008-7:00 p.m. MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR AN ADDITIONAL SUM NOT TO EXCEED $26,000.00; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2008-094 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE APPROPRIATION AND USE OF LAW ENFORCEMENT TRUST FUNDS IN THE AMOUNT NOT TO EXCEED 23,000.00 FOR THE PURCHASE OF TEN PATROL RIFLES AND RELATED ACCESSORY EQUIPMENT; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-094. Commissioner Anton advised this is an important purchase because these weapons will be available to our police officers in case of a serious incident. He noted we do not have the funding to give one rifle to each of the officers in our district; however, Chief Peterson plans to assign them to key officers who will provide the best coverage for us. Commissioner Anton pointed out that this purchase is being funded from the Law Enforcement Trust Fund, not the General Fund. Commissioner Anton motioned to adopt Resolution #2008-094; seconded by Commissioner Bertino. Commissioner Bertino clarified that police officers would be duly trained to use this type of weapon. He asked City Manager Pato and BSO Chief Peterson to look into the possible purchase of bullet-proof jackets that can stop high powered bullets and offer our officers maximum protection. Commissioner Flury asked for the current balance in the Law Enforcement Trust Fund. She questioned why we were not making the additional purchases now, considering we can only use these funds for law enforcement related matters. Chief Peterson responded that the proposed surveillance equipment for the parks will take up most of the remaining funds. He further noted that the purchase of these weapons is mainly to protect our children and to be used as a defensive resource. 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 Ordinances (Titles read by CitV Attorney) 7.10 ORDINANCE #2008-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PARKING OR STORAGE IN RESIDENTIAL DISTRICTS OF UTILITY TRUCKS, Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 10, 2008—7:00 p.m. RECREATIONAL VEHICLES, MOBILE LIVING UNITS, OTHER SIMILAR VEHICLES AND BOATS, TO LIMIT SUCH PARKING OR STORAGE TO ONE SUCH VEHICLE OR VESSEL IN THE FRONT YARD AREA PER RESIDENTIAL PARCEL RATHER THAN PER DWELLING UNIT; AMENDING THE CITY CODE OF ORDINANCES, SECTIONS 25-125 AND 16.2; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE#2008-016 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 21.14 ENTITLED "21.14. TOD BUILDING ENVELOPE", SECTION 21.16 ENTITLED "21.16. TOC-1 BUILDING ENVELOPE", AND SECTION 21.17 ENTITLED "21.17 SOUTH FEDERAL HIGHWAY TRANSIT ORIENTED CORRIDOR (TOC-2) DISTRICT" TO ENSURE SUFFICIENT SIDE YARD ACCESS IS PROVIDED FOR FIRE FIGHTING EQUIPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Castro motioned to adopt the Consent Agenda, with the exception of Item#7.3, #7.5, #7.6, and #7.9; 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 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 RESOLUTION#2008-095 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN ADMINISTRATIVE APPEAL (AA-44-08), SUBMITTED BY OWNER / APPLICANT CLARE VICKERY (GRACE CAFE) FOR PROPERTY LOCATED AT 47-49 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-095. Corinne Lajoie, AICP, Principal City Planner, noted this is a request for a supergraphic to be on three sides of the second floor of the building. She noted the application does not meet all eight criteria required by Code. Commissioner Bertino motioned to adopt Resolution #2008-095; seconded by Vice-Mayor Castro. Vice-Mayor Castro would like to see more of this art work that would revive our downtown area. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. Commissioner Anton requested City Manager Pato contact the City of Lake Placid, Florida, for information on the sound that they have added to their supergraphics. City Manager Palo noted he would like to work with CRA Director Earle because this property is located in the CRA district. Mayor Jones commented that if we do this we are setting the theme for what we want to do in the community. He questioned if we should wait until after the Visioning Sessions to approve the request. Clare Vickery, property owner, indicated that this would not set a precedent and thought the Commission would be happy with it. She noted that people have a hard time finding her building because everything downtown is white or dilapidated, and the mural would be a good marketing tool for her business. Ms. Vickery expects to begin the graphic immediately. Frank Ciccio, 2665 Middle River Drive, Fort Lauderdale, local artist who will paint the supergraphic, said he could change the rendering to something else for the Commission. Vice-Mayor Castro commented that even after tomorrow's Retreat, downtown will still look as it does for a long time. She thought this was an interim solution to the redevelopment of our downtown. Mayor Jones opened the Public Hearing. Derrick Hankerson, 746 SW P Street, expressed concern and alarm because we just asked the citizens what they wanted Dania Beach to look like, and this seems to be circumventing the process. He urged the Commission to table the request until the people decide on their vision of the City. Jimmy Crimminger, 237 SW 15`h Street, thanked Clare Vickery for doing something for the downtown district, and urged the Commission to move forward. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Anton agreed with Mr. Hankerson and the Mayor, but the Commission recently approved the building for Mr. Casper, which is also unique. He pointed out that we do not want to put every project on hold while we work on the redevelopment of our City. Vice-Mayor Castro noted this does not circumvent the process but enhances our downtown while we move forward. She stressed the fact that there are businesses that need to survive while we go through the process, and we must support them. Vice-Mayor Castro advised that at the Visioning Sessions last weekend, a lot of residents talked about quaintness and maintaining our unique downtown atmosphere. This process will take time. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 10, 2008—7:00 p.m. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones No 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. 9.2 RESOLUTION #2008-089 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST SUBMITTED BY PATRICK UTTER, OWNER REPRESENTING SHENANIGANS EAST SIDE LLC., FOR A SPECIAL EXCEPTION TO ALLOW LIVE ENTERTAINMENT IN THE TOC-2 (TRANSIT ORIENTED CORRIDOR 2) ZONING DISTRICT, FOR PROPERTY LOCATED AT 1300 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-089 and Resolution #2008-090 because they involve the same property. Corinne Lajoie, AICP, Principal City Planner, noted the location of the property and explained it is in the CRA district. She advised there has not been an active business license for this location for over a year, therefore the landscape needs to be updated. Ms. Lajoie indicated the landscape requirements have been met. The applicant is requesting a sign variance and the elimination of a wall/fence; the third variance is for alcohol sale within 700 feet from a school, Code requires 1,000 feet. A perimeter landscape buffer variance is also being requested for a dumpster enclosure. The applicant is requesting outdoor dining and the Code requires that the Commission approve the outdoor furnishings. She further noted that the applicant is also requesting live entertainment three times per year. The Planning and Zoning Board recommended approval with staff conditions. Staff recommended approval of the variances and perimeter landscape buffer, with the condition that rolling gates are provided to eliminate vehicle conflicts when the gates are open. Ms. Lajoie advised that the approval of the remaining items are at the discretion of the Commission. Commissioner Anton disclosed he spoke with John Bartley regarding the project. Patrick Utter, 1144 Van Buren Street, Hollywood, property owner, noted he is a lifelong restauranteur and has owned Shenanigans for 16 years. He noted he is installing 9 Live Oaks Trees along the back property line, and if he installs a fence adjacent to the existing fence it would create a liability. Mr. Utter responded for Commissioner Flury that he would agree to install a new fence should anything happen to the existing one. He noted he met with members of the community and assured them that if there is a traffic/parking problem he will install signs directing people where to go. Mr. Utter indicated there would not be any loud music outdoors. Vice-Mayor Castro confirmed with Mr. Utter that he would be willing to work with staff if traffic becomes a problem in that neighborhood. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. Mayor Jones requested lighting toward the back of the property, provided it does not affect the neighbors who are in close proximity to the business. Mayor Jones opened the Public Hearings. Joe Van Eton, 1500 SW 2°d Avenue, noted he and Lisa Young met with Mr. Utter and they are excited about the project. He said they did not see the site plan before it came to the Commission and noticed there are still some issues that have not been addressed. They are concerned with additional traffic, sound, lighting, etc. Jimmy Crimminger, 237 SW 15`h Street, is thrilled with the project. He is concerned with the variance for the wall/fence and would rather see a masonry wall between the business and the adjacent residences. Rose Lizana, 214 SE 2"d Street, urged the Commission to grant the variances and support the business. She noted that as publisher of the local newspaper, she has heard comments from residents and other business owners on how excited they are with this project. Patty Hart, 517 NE 2 d Place, questioned the separation between the walls. She suggested contacting the property owner and offering to replace the wall. Ernie Candelmo, 4100 Pierce Street, Hollywood, supported opening the Shenanigans on Federal Highway. He spoke highly of the owners being good corporate citizens and felt that their dedication and work ethics would be an asset to the downtown area in the City of Dania Beach. Annette Hibbitts, 26 SW 11`h Street, spoke in favor of the project. John Bartley, 201 SE 2°d Avenue, Contractor for the project, noted the back parking lot would be repaved, re-sealed and striped. He indicated there would only be a right turn when leaving the property. Lisa Young, 609 E. Sheridan Street, #103, president of Dania Beach Heights Civic Association, noted they support the project but want it done right. She noted the traffic issue is a real concern. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Commissioner Anton noted the applicant has agreed to replace the wooden fence if it is damaged and he is not concerned with the materials used, provided the neighbors and the business owner come to an agreement. He indicated that as long as the entertainment does not impact the neighborhood, it can occur more often. The traffic problems are primarily caused by cut-through traffic in peak hours and the owner has agreed to address the issue if it arises. Commissioner Anton thought Shenanigan's would be a major asset for our City. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 10,2008-7:00 p.m. Commissioner Anton motioned to adopt Resolution #2008-089, with the following conditions: 1) Applicant will install a concrete wall if the existing fence comes down, or if the current owner agrees to have Shenanigans replace it now, 2) Applicant will maintain the hedge along the wall, 3) Applicant will install low level lighting in parking lot or other lighting as approved by staff, and 4) the applicant will help eliminate the traffic in the neighborhood when it becomes a problem; seconded by Commissioner Bertino. Vice-Mayor Castro supported the project. However, to avoid future traffic problems, she asked that the curb with the "right turn only" sign be installed immediately, directing traffic towards the Federal Highway Corridor. Mayor Jones agreed with the curb requirement. Commissioner Anton did not think the curb was necessary unless a problem arises. He thought installing the curb would be an inconvenience for the neighbors in that area. Vice-Mayor Castro made a substitute motion to have the applicant include the curbing in the site plan; seconded by Mayor Jones. Mr. Utter commented that he would be a very poor businessman not to comply with the requirements of the City. He noted that he gave his word that if the traffic becomes a problem he will do everything that the City needs him to do. However, he would like to open his business as soon as possible so he can support his family. Mr. Utter said he would like to establish a good and friendly relationship with the City and the adjacent neighbors. Mr. Bartley noted that traffic will not be able to turn east if a curb is installed. Commissioner Flury said she would not support the substitute motion. She would like this issue to come back to the Commission three months after the business opens with an assessment of what has happened during this time. Vice-Mayor Castro and Mayor Jones agreed to add the following condition to the original motion: Applicant will come before the Commission 4 months after opening the restaurant with an assessment of the traffic issues. The Commission reserves the right for the curb to be installed if traffic becomes an issue in the neighborhood. 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 RESOLUTION #2008-090 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PATRICK UTTER, OWNER, REPRESENTING SHENANIGANS EAST SIDE LLC. FROM CHAPTER 28, ZONING AND CHAPTER 27 VEGETATION, FOR PROPERTY LOCATED AT 1300 SOUTH Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2008-090, with the same conditions as Resolution #2008-089; 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 RESOLUTION #2008-097 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY LUIS JURADO, P.E. ON BEHALF OF THE PROPERTY OWNER DANIA BEACH SCRAP METALS LLC., FOR A SPECIAL EXCEPTION TO ALLOW FOR THE CONSTRUCTION OF A SUPPLEMENTAL PARKING AREA IN AN RM (MULTIFAMILY RESIDENTIAL) ZONING DISTRICT, FOR VACANT PROPERTY LOCATED ON SW 5T" COURT EAST OF 177 PHIPPEN ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42008-097 and Resolution #2008-098 because they involve the same property. Kristin Dion, City Planner, explained the location of the property and noted the applicant is requesting a special exception, variances, and a waiver to construct a supplemental parking area on a vacant lot. The Planning and Zoning Board recommended approval of the request and the Public Services Director recommended approval of the waiver for pervious area due to site constraints. Luis Jurado, applicant, requested approval of the request to allow the employees of Dania Beach Scrap Metals to have a safe and secure parking area. He added that the business has been in operation in the City for many years and currently there is no more parking available. Mayor Jones opened the Public Hearings. Jimmy Crimminger, 237 SW 15`h Street, supported the request and noted the neighbors are thrilled that something will be done on this vacant lot. Clarence Franklin, 142 SW 5`h Court, noted he parked his vehicles on the vacant lot, but it was not allowed by code and he had to get rid of his vehicles. He said it is not right to permit this owner to park there. Mr. Franklin also indicated that the lot floods and there is a serious drainage issue. Mr. Jurado noted they have a Surface Water Management permit from Broward County Environmental Protection Department regarding the drainage problem referred to by Mr. Franklin. Minutes of Regular Meeting 13 Dania Beach City Conunission Tuesday,June 10,2008—7:00 p.m. Vice-Mayor Castro clarified for Mr. Franklin that the applicant is requesting a special exception to allow parking within a residential zoning district. Fay Bartelmes, 214 SW 2"a Terrace, suggested they purchase the chicken place on the corner and the neighbors would be very happy. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Commissioner Anton questioned how the business opened in a residential neighborhood. He would like the business to relocate to another neighborhood because it makes the area look very unpleasant. Commissioner Bertino questioned the zoning of the property. He noted it would be wrong on the part of the City to approve the expansion of this type of business. Corinne Lajoie, AICP, Principal City Planner, noted it is C-2 zoning district. Mayor Jones commented it is a dirty building, and a tractor trailer parks in the center of the street blocking traffic. He noted water flows from Sheridan Street when it rains. Mayor Jones does not support the request because they have not done anything for the City. Commissioner Anton motioned to deny Resolution #2008-097; 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 9.5 RESOLUTION#2008-098 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY LUIS JURADO, P.E. ON BEHALF OF THE PROPERTY OWNER DANIA BEACH SCRAP METALS LLC., FROM CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING", FOR VACANT PROPERTY LOCATED ON SW 5T" COURT EAST OF 177 PHIPPEN ROAD, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to deny Resolution #2008-098; 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 9.6 RESOLUTION#2008-087 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR ASSIGNMENT OF FLEX ACREAGE SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. PROPERTY OWNER PETER J. LETO, FROM CHAPTER 28, "ZONING", ARTICLE 30.20 INDUSTRIAL RESEARCH OFFICE COMMERCIAL (IROC) ZONING FOR PROPERTY GENERALLY LOCATED APPROXIMATELY 600 FEET NORTH OF STIRLING ROAD ON SW 19T" AVENUE AND APPROXIMATELY 530 FEET WEST OF INTERSTATE 95, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-087, Resolution #2008-088, and Resolution#2008-101 because they involve the same property. Corinne Lajoie, AICP, Principal City Planner, explained the property location and zoning. She noted the applicant is requesting a land use flex assignment to allow a hotel on a property with an Industrial Land Use designation. He has also applied for a variance to allow one loading berth on site. Ms. Lajoie further advised that the site plan request is for the construction of a 5-story 120-room hotel on a vacant lot. The applicant is proposing a 30 square feet monument sign to be visible from SW 19`h Court. She clarified there will not be any pole signs for this location. The Planning and Zoning Board recommended approval of all the requests, with staff conditions. Staff recommended approval of the requests, provided the variance and flex applications are approved and the applicant addresses staff comments. Mayor Jones opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearings. Commissioner Anton motioned to adopt Resolution #2008-087, with staff comments; 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 9.7 RESOLUTION#2008-088 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER PETER J. LETO, FROM CHAPTER 28, "ZONING", ARTICLE 6.22, "OFF-STREET LOADING REQUIREMENTS", FOR PROPERTY GENERALLY LOCATED APPROXIMATELY 600 FEET NORTH OF STIRLING ROAD ON SW 19T" AVENUE AND APPROXIMATELY 530 FEET WEST OF INTERSTATE 95, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2008-088, with staff comments; 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 9.8 RESOLUTION#2008-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER PETER J. LETO, Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, June 10, 2008—7:00 p.m. FOR PROPERTY GENERALLY LOCATED APPROXIMATELY 600 FEET NORTH OF STIRLING ROAD ON SW 19TH AVENUE AND APPROXIMATELY 530 FEET WEST OF INTERSTATE 95, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2008-101, with staff comments; 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 9.9 RESOLUTION #2008-091 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY DEBBIE M. ORSHEFSKY, ESQUIRE WITH THE LAW FIRM GREENBERG TRAURIG REPRESENTING BAYARD SPECTOR, PRESIDENT OF ATLANTIC VILLAGE MARINA, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 1541 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42008-091, Resolution #2008-092, and Resolution #2008-093 because they involve the same property. Corinne Lajoie, AICP, Principal City Planner, explained the location and zoning of the property. She advised that the applicant is requesting a site plan, variances, and special exception to allow the construction of a 419-room hotel, office, and a 74-slip marina. Ms. Lajoie noted the variances are for a building height of 157 feet; a 12-story building; a loading zone with 11' 4" clearance; to allow 18 loading spaces, and 965 parking spaces. She clarified that the parking study provided by the applicant supports the reduction in the parking and that the applicant would provide an airport shuttle for guests. Ms. Lajoie pointed out that because of the proximity to the Fort Lauderdale-Hollywood International Airport, and the proposed building height, they were required to obtain airspace permits from the Florida Department of Transportation (FDOT) and the Federal Aviation Administration(FAA). The Planning and Zoning Board as well as staff recommend approval of all requests, provided the variances and special exception uses are granted and the applicant addresses staff comments prior to the issuance of a building permit. Paul D'Arelli, of the law firm of Greenberg Traurig, Attorney for the applicant, advised it has been a long process to obtain the necessary permits and they are anxious to begin the project. They concur with staff recommendations for approval. He noted the design and consultant team for this project were present to answer any questions. Mayor Jones opened the Public Hearings. Rose Lizana, 214 SE 2"d Street, noted that at the Visioning Sessions residents were not opposed to building height in the Griffin Road Corridor. Rick Buckner, 4601 SW 301h Way, questioned traffic in the area. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 10, 2008—7:00 p.m. John McWilliams, Kimley Horn and Associates, noted there will be two driveways on the site. He advised that staff had some concerns regarding the proposed driveway for the office, but they have developed an access plan. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Commissioner Anton motioned to adopt Resolution #2008-091 with staff conditions; seconded by Commissioner Flury. Commissioner Bertino questioned the parking variance. Bayard Spector, President of Atlantic Village Hotel-Condominium and Marina, responded there are a lot of amenities on the development which inflates the number of required parking spaces required by code for each of them. Ms. Lajoie confirmed for Commissioner Bertino that staff is comfortable with the number of parking spaces provided by the applicant. 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 9.10 RESOLUTION #2008-092 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DEBBIE M. ORSHEFSKY, ESQUIRE WITH THE LAW FIRM GREENBERG TRAURIG REPRESENTING BAYARD SPECTOR, PRESIDENT OF ATLANTIC VILLAGE MARINA, FOR A SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF A HOTEL AND MARINA IN A C-3 (COMMERCIAL) ZONING DISTRICT, FOR PROPERTY LOCATED AT 1541 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2008-092; 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 9.11 RESOLUTION #2008-093 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DEBBIE M. ORSHEFSKY, ESQUIRE WITH THE LAW FIRM GREENBERG TRAURIG REPRESENTING BAYARD SPECTOR, PRESIDENT OF ATLANTIC VILLAGE MARINA, FOR PROPERTY LOCATED AT 1541 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, June 10, 2008—7:00 p.m. Commissioner Anton motioned to adopt Resolution #2008-093; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino out of the room Mayor Jones Yes Commissioner Flury Yes 9.12 RESOLUTION #2008-099 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY PEDRO GARCIA,OWNER,FROM CHAPTER 28, "ZONING"AND CHAPTER 33 "ZONING APPENDIX" FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD(ANGLERS AVENUE), IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-099 and Resolution #2008-100 because they involve the same property. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property and noted the request is to allow the construction of a 174,000 square foot shopping center. She advised the applicant is requesting a rear setback variance; a canopy variance; and a variance to waive the pervious area. Ms. Lajoie pointed out that some of the applicant's land was taken away by Broward County for roadways expansion, which reduced his ability to provide the required pervious area. The Planning and Zoning Board recommended approval. Staff recommends approval of all requests provided the applicant addresses all of staff comments prior to the issuance of a building permit, and that the requested variances are granted. Mayor Jones opened the Public Hearings. Rose Lizana, 214 SE 2"a Street, supported the request. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Vice-Mayor Castro motioned to adopt Resolution #2008-099; 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 9.13 RESOLUTION #2008-100 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY PEDRO GARCIA, OWNER, FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD (ANGLERS AVENUE), IN THE Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt Resolution #2008-100; 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton commented on House Bill 5001 that targeted money for the construction of the south runway airport expansion. He noted that due to the importance of this issue, he had drafted a letter for the Mayor to sign tonight and send to Governor Crist. Commissioner Anton asked City Clerk Stilson to fax the letter to the Governor's office tomorrow morning and that the hard copy follow by mail. He explained that this is an FDOT grant funded by the state tax on aviation fuel. He pointed out that we thought that only a minimal amount of state funding would be involved in the airport expansion. It was the consensus of the Commission to send the letter to Governor Crist. Commissioner Flury suggested the cities of Hollywood and Davie be made aware of the content of the letter to the Governor, regarding House Bill 5001. Commissioner Anton noted that the Melaleuca Homeowners Association meeting will be held tomorrow, June 11, at 7:00 p.m. in the Commission Chamber at City Hall. He advised that County Commissioner John Rodstrom has been invited to attend the meeting. Commissioner Anton advised the final EIS Study would be ready to be released for publication the first or second week in July, and 60-90 days later the Federal Aviation Administration (FAA) should make a decision. Commissioner Anton updated everyone on a recent meeting he had with DCOTA representatives regarding the request by the City to have Dania Beach included in their proposed sign. DCOTA has agreed to help the City build a gateway to Dania Beach sign as well as other marketing strategies that will be beneficial to the City. 10.2 Commissioner Bertino Commissioner Bertino thought that retired General Employees should receive a COLA increase, just as the FRS employees do. He explained that the General Employees who have retired under the previous retirement system only receive the COLA increase if the plan meets the investment mark. Commissioner Bertino pointed out that the plan has not met the eight percent mark since Minutes of Regular Meefing 19 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. 2002 therefore, those who retired a long time ago have not received any COLA increase since then. He felt the Commission should look into the problem to try to offer some financial relief to those employees who worked for the City for so many years. 10.3 Commissioner Flury Commissioner Flury had no comments. 10.4 Vice-Mayor Castro Vice-Mayor Castro had no comments. 10.5 Mayor Jones Mayor Jones noted that on Friday, June 27`h, from 10:00 a.m.-12:00 p.m., Bass Pro Shops will be selling Duck Stamps. He asked the community to purchase the Federal Duck Stamps which are intended to protect wildlife in Florida. Mayor Jones noted he and Vice-Mayor Castro were installed in the Broward League of Cities as representatives for Dania Beach. 11. Discussion and Possible Action 11.1 Request of Rod Feiner, on behalf of property owner Frank Kunzig, to waive the replatting requirement to vacate an access easement for property located at 2981 Ravenswood Road. Corinne Lajoie, AICP, Principal City Planner, noted the code requires replatting of the property when vacating an access easement and the applicant is requesting a waiver of that requirement. She explained the location of the property and advised the vacation request would eventually come to the Commission for approval. Commissioner Anton motioned to waive the replatting requirement to vacate the access easement at 2981 Ravenswood Road; seconded by Vice-Mayor Castro. The motion carried unanimously. 11.2 Report on meeting with FAUiSeatech regarding the Dania Beach Marina — Commissioner Anton Commissioner Anton reported on the meeting between staff and FAU representatives. He advised we can buyout the lease for $346,288.00. He advised that the proposal would be presented at the FAU Board of Trustees meeting on June 23. Commissioner Anton noted a Resolution has been prepared for Commission approval, so we can move forward with this matter. He commended City Attorney Ansbro for his efforts in having this issue resolved. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,June 10,2008-7:00 p.m. Addendum RESOLUTION #2008-106 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND ADDENDUM TO THE 1996 LEASE AND LICENSING AGREEMENT EXISTING BETWEEN THE CITY AND FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES TO ALLOW FOR THE TRANSFER OF THE LEASE AND LICENSE RIGHTS FROM FAU TO THE CITY IN CONNECTION WITH THE AREA CURRENTLY KNOWN AS THE DANIA BEACH MARINA, LOCATED ADJACENT TO THE FAU/SEATECH FACILITY IN THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-106. Patricia Varney, Director of Finance, recommended using the Designated Unreserved Fund Balance as the funding source for this purchase. Commissioner Bertino motioned to adopt Resolution #2008-106; seconded by Vice-Mayor Castro. The motion carried unanimously. 11.3 Discussion of CRA Issues — Vice-Mayor Castro Vice-Mayor Castro requested this item be continued to a Special CRA Board Meeting to be held before the next City Commission meeting on June 241h. The meeting will be held at 6:30 p.m. in the Commission Chamber. 12. Appointments Commissioner Bertino appointed Jimmy Crimminger to the Human Relations Board. Commissioner Anton motioned to approve the Board appointment; 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 13. Administrative Reports 13.1 City Manager City Manager Pato had no comments. 13.2 City Attorney City Attorney Ansbro had no comments. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,June 10, 2008—7:00 p.m. 13.3 City Clerk— Reminders Wednesday, June 11, 2008 — 8:00 a.m. Retreat— I.T. Parker Community Center Tuesday, June 24, 2008 — 6:30 p.m. Special CRA Board Meeting Tuesday, June 24, 2008 - 7:00 p.m. City Commission Meeting 14. Adjournment Mayor Jones adjourned the meeting at 10:55 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,June 10,2008—7:00 p.m. CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Idea%appropriate Action or Motion) Approve purchasing of insurance from Public Risk Insurance Why Action is Necessary Change in existing package policy terms (see supporting documents) What Action Accomplishes By replacing our existing policy with a 15 month policy which would begin July 1, 2008 and expire September 30, 2009, we can lock into lower rates immediately, resulting in a return premium from our Fiscal 2007/2008 policy. We will also benefit from the reduced rates over two hurricane seasons June-October 2008, June-October 2009. The overall savings would be $202,545 (25%). Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Preliminary estimates for Fiscal October 2008-2009 property/GL renewal premiums have come in significantly lower than we've seen in recent years. This is based on the lull in hurricane activity over the past several years. Because we are insured by a government trust, which is not profit motivated, the risk reduction is passed on to policy holders (who are stake holders in the trust). If this storm season is uneventful the lower rates will go into effect October 1, 2008. However, if we see activity this hurricane season, the renewal rates will increase with our October 1, 2008 renewal. By replacing our existing policy with a 15 month policy which would begin July 1, 2008 and expire September 30, 2009, we will lock in the lower rates NOW. This action will allow us to take advantage of the lower rates immediately, resulting in a return premium from our Fiscal 2007/2008 policy. We will also benefit from the reduced rates over two hurricane seasons June-October 2008, June-October 2009. The overall savings would be $202,545 (25%). The windstorm deductible is also improved, reduced from $20K to $15K. This renewal is very favorable to the City and I request approval to proceed. Fiscal Impact/Cost Summary Exhibits Attached 15 mths premium recap 15 month premium savings based on lower rates Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Date Department Director Date Assistant City Manager Date HR Director Mary McDonald Date 06/13/08 Finance Director Patricia Varney Date 06/13/08 City Attomev Thomas J. Ansbro Date 06/16/08 City Manager Colin Donnelly Date 06/16/08 User Creating Item Item Name (do not use /or\ in name) Mary McDonald PRIA 15 month extension 2008-2009 City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING PACKAGE INSURANCE THROUGH PUBLIC RISK INSURANCE AGENCY (TO INCLUDE COVERAGES FOR PROPERTY AND CASUALTY, CRIME AND EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY INSURANCE), IN A COMBINED TOTAL NOT TO EXCEED $609,000.00 FOR THE PERIOD BEGINNING JULY 1, 2008 THROUGH SEPTEMBER 30, 2009, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Dania Beach City Commission approves renewal of Comprehensive Package Insurance for the City of Dania Beach, through Public Risk Insurance Agency, such package to include coverage for property and casualty, crime and employee dishonesty, general liability, automotive liability and physical damage, public officials liability, and employment practices liability insurance, for the period from July 1, 2008 to September 30, 2009. 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: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY MPRIA PUBLIC RISK INSURANCE AGENCY CITY OF DANIA BEACH PREMIUM RECAPITULATION 15-month Premium Check Option Yes No Property/Inland Marine/Equipment Breakdown $ 402,929 Crime/Employee Dishonesty $ 1,834 General Liability $ 199,440 Automobile Liability & Physical Damage $ 105,084 Public Officials /Employment Practices Liability $ 83,709 Total 15 month premium* $ 792,996 Estimated return premium from current policy** - $ 195,217 Installment due 10/01/2008 $ 597,779 THE BUILDING AND CONTENTS VALUE DOES NOT INCLUDE THE ADDITION AT FROST PARK AND THE TWO UNDERGROUND STORAGE TANKS. THESE ITEMS WILL BE INCLUDED IN THE SCHEDULE CHANGES EFFECTIVE 10/1/2008. I authorize PRIA to request the underwriters to cancel my current policy, bind coverage effective 7/1/2008 on the items indicated above and acknowledge receipt of the Compensation Disclosure(s) provided in this proposal. (Signature) (Name&Title) (Date) Page 15 of 20 PRIA 11 RI.IC RISK IASCRANCF AGf.ACF THE CITY OF DANIA BEACH 7/1/2008 TO 10/1/2009 PACKAGE INSURANCE RENEWAL PREMIUM COMPARISON ANNUALIZED 10/1/07-8 EXPIRING PREMIUM $ 800,324.40 ANNUALIZED 10/1108-9 RENEWAL PREMIUM $ 633,487.00 ANNUAL SAVINGS $ (166,837.40) -21% 7/1/2008 - 10/1/2008 SAVINGS $ (35,708.00) OVERALL SAVINGS $ 202,545.40 -25% OTHER ADVANTAGES: ► PROPERTY COVERAGE AT A GUARANTEED RATE FOR 2 HURRICANE SEASONS ► REDUCTION OF NAMED STORM OCCURRENCE DEDUCTIBLE ► OTHER COVERAGE TERMS PER EXPIRING ► ACCURATE BUDGET NUMBERS (PACKAGE POLICY) ► EXPOSURES PER EXPIRING - EXPOSURE UPDATES WILL BE ADJUSTED 6/9/2008 � 73 RESOLUTION NO. 2008-108 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA; RECOGNIZING THE NEED FOR A COLLABORATIVE, MULTI- JURISDICTIONAL APPROACH TO ADDRESS COUNTY-WIDE WATER RESOURCE NEEDS; SUPPORTING THE ESTABLISHMENT OF THE BROWARD WATER RESOURCES TASK FORCE COMPOSED OF ELECTED COUNTY AND CITY COMMISSIONERS, AND OFFICIALS REPRESENTING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT GOVERNING BOARD, SPECIAL DISTRICTS AND WATER CONTROL DISTRICTS; AND SUPPORTING THE DESIGNATION OF A TECHNICAL/PROFESSIONAL STAFF WORKGROUP TO ADVISE THE TASK FORCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, Broward County has long depended upon the Biscayne Aquifer for the County's primary source of water; and WHEREAS, it has been determined that further withdrawals and continued dependence upon the Biscayne Aquifer impact the ecological health of the Everglades; and WHEREAS, in response to efforts to restore the Everglades, in 2007 the South Florida Water Management District adopted the Regional Water Availability Rule which restricts future withdrawals from the Biscayne Aquifer; and WHEREAS, Broward County's local government leaders recognize it is critical to address the availability of water resources within the County to protect the public health, ensure the sustainability of sensitive environmental resources and natural systems, and provide viable economic opportunities for our communities and residents; and WHEREAS, pursuant to CS/CS/SB 1302 (Wastewater Discharge/Ocean Outfalls legislation passed by the 2008 Legislature), two regional wastewater treatment providers in Broward County will be required to reuse significant amounts of treated domestic wastewater currently being disposed of via ocean outfalls; and WHEREAS, the County is facing significant and costly projected water supply needs, which cannot be met with increased demands on the Biscayne Aquifer unless appropriate measures are taken in accordance with the Regional Water Availability Rule, wastewater disposal needs that cannot be addressed through traditional discharge methods, and pressing decisions related to the development of alternative water supply projects such as the use of reclaimed water; and WHEREAS, local leaders are committed to ensuring that the long-term water resource needs of all Broward's water users are effective) planned for y and d met, including those of water providers, wholesale and retail purchasers, and their customers; and WHEREAS, these needs may be met more efficiently and cost effectively through collaborative partnerships, evaluation of existing and planned infrastructure and by considering regional or sub-regional approaches; and WHEREAS, there is no effective forum to consider these opportunities; and WHEREAS, in 2005 the Florida Legislature enacted Chapter 2005-291, Laws of Florida, SB 444, legislation that encourages cooperation with local entities to plan for multi jurisdictional water supply entities to maximize state funding for alternative water supply projects; and WHEREAS, at a Joint Workshop Meeting on May 12, 2008, the Broward County Board of County Commissioners, the South Florida Water Management District Governing Board and Mayors representing the County's various municipalities, inclusive of water providers and users, agreed to work collaboratively to find potential environmentally, economically, and technically feasible strategies and solutions to the County's future water resources needs and provide recommendations; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION#2008-108 Section 1. That the adoption of this and companion resolutions by the Broward League of Cities and the South Florida Water Management District Governing Board shall have the effect of creating the Broward Water Resources Task Force ("Task Force"). Section 2. That the Task Force shall be composed of elected and appointed officials designated by the government entities identified in Section 3 of this Resolution. A Technical/Professional staff workgroup may be designated by the entities in Section 4 to advise the Task Force on matters such as, but not limited to, water resource availability, management, facilities and infrastructure, supply and constraints, and other technical, environmental and professional subject matters as requested by the Task Force. Section 3. That the Task Force shall be composed of representatives of the following entities: (a) Six (6) City elected officials appointed by the Broward League of Cities, which represent a cross section of small, medium and large cities one of which shall be a city that purchases water from another municipality or water utility. For each of the six members appointed, the Broward League of Cities shall also appoint an alternate member to serve in the appointed member's absence. Alternate members must be municipal elected officials and must be from a different similarly-sized municipality. (b) Five (5) City elected officials appointed by the Broward League of Mayors which represent a cross section of small, medium and large cities, one of whom shall be from a city that purchases water from another municipality or water utility. For each of the five members appointed, the Broward League of Mayors shall also appoint an alternate member to serve in the appointed member's absence. Alternate members must be municipal elected officials and must be from a different similarly-sized municipality. (c) One (1) County Commissioner and an alternate appointed by the Broward County Board of County Commissioners. (d) One (1) Special Independent District Water Provider official and an alternate appointed by a Surface Water Coordinating Committee. (e) One (1) Drainage/Water Control District elected official and an 3 RESOLUTION#2008-108 alternate appointed by Surface Water Coordinating Committee. (f) One (1) South Florida Water Management District Governing Board Member and an alternate appointed by the Governing Board. When making appointments, each entity shall consider and balance its appointments to reflect the diverse racial, ethnic, religious, economic and geographic representation within the County. Section 4. That the following entities may designate appropriate Technical/Professional staff, as provided in Section 2, to assist the Task Force: (a) Eleven (11) Municipal staff persons appointed by Task Force members represented in the categories of Section 3(a) and (b). (b) Two (2) County staff persons appointed by the Broward County Administrator. (c) One (1) staff person appointed from the Drainage District/Water Control member participating on the Task Force. (d) One (1) staff person appointed from the Special Independent District Water Provider member participating on the Task Force. (e) One (1) water management staff person appointed by the South Florida Water Management District Governing Board. (f) One (1) representative of the Water Advisory Board's Technical Advisory Committee appointed by the Water Advisory Board to the Broward County Board of County Commissioners. (g) One (1) builder representative appointed by the Builders Association of South Florida. (h) One (1) builder representative appointed by the South Florida Chapter of the U.S. Green Building Council. Section 5. That the Task Force will identify and evaluate opportunities and impediments to provide future water supply, conservation, wastewater treatment and reuse or reclaimed water opportunities that are most efficient and cost effective. Section 6. That the Task Force shall meet monthly for a one-year period following its 4 RESOLUTION#2008-108 initial organizational meeting. The Task Force shall, at its organizational meeting, elect a Chair and Vice-Chair, adopt rules of procedure including provisions for quorum, voting, and consideration of motions and other items, and establish such standing committees as necessary to conduct the work of the Task Force. Section 7. That the Technical/Professional staff workgroup may meet as necessary to address any issues assigned by the Task Force. The staff workgroup shall meet following the appointments made pursuant to Section 4 for the purpose of selecting a Chair and Vice-Chair, adopting any necessary rules of procedure and appointing any standing workgroup subcommittees. Section 8. That the Broward League of Cities, Broward County and the South Florida Water Management District shall provide staff support to the Task Force. Section 9. That support staff will prepare meeting notices and minutes, maintain records, coordinate or prepare draft reports, and prepare the final report containing the findings and recommendations of the Task Force. Section 10. That the governmental entities adopting this Resolution recognize and agree that their participation as members of the Task Force is a voluntary effort. The participating governments further recognize that any final report issued by the Task Force shall not be construed as imposing any mandates upon the participants or other government entities within Broward County. It is understood and desired, rather, that the collaborative work of the Task Force serve as recommendations for Broward's local governments, businesses, and residents as each community moves forward with consideration and decision-making regarding future water resources planning, development and management. Section 11. That all resolutions or parts of resolutions in conflict with this Resolution 5 RESOLUTION #2008-108 are repealed to the extent of such conflict. Section 12. 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 6 RESOLUTION#2008-108 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Action (Identity appropriate Action or Motion) Adopt a resolution approving the application for and accepting a grant for the Time for Kids Program Why Action is Necessary The City Commission must approve the application for and acceptance of grant funds for the City. What Action Accomplishes Allow for the expenditure of grant funds by the City and its subcontractor. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background The 21st Century Community Learning Centers (CCLC) made federal grant funds available to existing CCLC programs for a summer time Global Literacy Program. The Time for Kids Program qualified for receiving those fund and made application. The grant was awarded in the amount of$59,609.00. These supplemental funds allow 120 Dania Beach students this summer to learn about cultures from all across the world through art, literature and music. A portion of the instruction will include the use of IPODS to teach reading and music. As an incentive to attend camp and participate in the program, those students with good attendance will be able to take the IPODS home at the end of the camp to continue their studies. Fiscal ImpactiCost Summary There is no required match on the City's part for this additional grant. Exhibits Attached Exhibit 1 - resolution Exhibit 2 - Program description Exhibit 3 -Award Notification Exhibit 1 Exhtbtt 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 RM Authorized Signatures Submitted by Colin Donnelly Date 06/16/08 Department Director Date Assistant City Manager Colin Donnelly Date 06/16/08 HR Director Date Finance Director Patricia Varney Date 06/16/08 City Attorney Thomas J. Ansbro Date 06/10/08 City Manager Colin Donnelly Date 06/17/08 User Creating Item Item Name (do not use/or\ in name) Colin Donnelly time for kids global literacy grant City Clerk Use Commission Action: Approved: 7 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-109 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO FLORIDA DEPARTMENT OF EDUCATION 215' CENTURY COMMUNITY LEARNING CENTERS (2008-2009) IN THE APPROXIMATE AMOUNT OF $59,609.00, TO PROVIDE FUNDING FOR A GLOBAL LITERACY PROGRAM FOR THE TIME FOR KIDS SUMMER CAMP; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has funding for the Time for Kids after school tutoring program and summer camp program in the amount of$280,000.00; and WHEREAS, the Florida Department of Education 21" Century Community Learning Center (CCLC) has awarded the City of Dania Beach on April 30, 2008 a grant in the amount of $59,609.00 to supplement the Time for Kids summer camp with a Global Literacy Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain application for the Florida Department of Education 21" Century Community Learning Center for the 2008 summer camp, in the amount of$59,609.00 to be submitted by the City of Dania Beach to 21" CCLC, is approved and the appropriate City officials are authorized to execute it. Further, such officials are authorized to accept and execute the grant agreement upon its award and any time extensions if necessary. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the application and agreement as are deemed necessary and proper for the best interests of the City. Section 3. That upon execution of the agreement, the Finance Director is authorized to appropriate the budget by the award amount in grant revenue and the appropriate expenditure account. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ATTEST: ALBERT C. JONES LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 2008-109 The C itv of Dania Beach requests approval of a program and budget amendment to: 1. Obtain additional funding to implement the 2008 Summer Global Literacy in After School Program (Global Literacy) into the approved sununer program at Collins Elementary School. The program will operate June 16, 2008—July 3I, 2008(33 days, closed on July 4'")from 7 10am—6:OOpm each day. 2. Increase the number of students served at Collins Elementary from 60 students to 120 students during the 2008 Global Literacy program. 3. Expand the grade levels served at Collins Elementary during the approved summer program from 1"`—5`h to K — 5" in order to better prepare Kindergarten students to read, and to enable older siblings to continue participating in the summer program instead of staying home to watch their younger siblings. 4. Increase budget line item 3410 Contracted Services: After School Programs Inc. by$59,609 to deliver all program activities during the Global Literacy program. This includes: - Director of Education-Develop and lead planning meeting prior to the start of the program. implement, and oversee the Global Literacy program- $1.295 - Data Collection and Quality Assurance Monitor- collect and enter student and program data,tracking and logging audio storage devices, and assist with summative report-$5,120 - Certified Teachers- Participate in planning meeting and direct implementation of planned curriculum- $6.900 - Counselors-Assist teachers, manage student behaviors,organize and distribute breakfast, lunch, and snacks, and ensure safety of all participating students-$4,573 - Fringe Benefits-At 11%for the Global Literacy positions-$1.969 - Transportation-To and from Collins Elementary and Meh Park each dav-$6,600 - In-house Field Trip Providers- For cultural music, dance, and art activities weekly-$3.1 50 - Materials and Supplies: Consumables-to include audio storage devices (125 :mil S49), multi-cultural an supplies, USB microphones, replacement headphones,and Create a Book program-$15.595 - Materials and Supplies: Curriculum-To include audio books and music, supplemental reading books, reading assessments, technology resource books, and globes-$14.408 5 Obtain a No Cost Extension to operate an approved summer program beyond June 30. 2008 The last day the program will encumber funds is August 11, 2008 (Iasi program day-July 31). 2008 Summer Global Literacy in After School Program Narrative Description The 2008 Global Literacy program will target 120 students on a daily basis in grades K-5 at Collins Elementary School, where students will be grouped according to their current grade level. The focus of the Global Literacy program is to provide students at every grade level with age appropriate opportunities to experience different cultures and languages by incorporating the following two design requirements Literacy to Go— Certified teachers will develop/use lesson plans and infuse technology to increase the literacy and writing of actively participating students through various age/grade appropriate content and activities that expose them to selected regions of the world. The program will utilize various websites that offer a free, on-line collection of stories, poems, and downloadablc materials (e.g., Lit2Go, I Tunes, Storvnory, Oculture)to provide a wide variety of literacy, music and language experiences to students. Students will conduct research of cultural topics through the intcmet and download audio books and accompanying music,and participate in Summer Success, which engages them in agc/grade appropriate high interest reading books and magazines that includes multi-cultural topics. Each da}, students will listen to a story either as the teacher reads aloud or through downloaded audio books on an audio storage device. Age/grade appropriate fiction and non-fiction multi-cultural books and stories will be selected to further expose students to the regions of the world. Students may work individually or in small groups to describe or discuss the stories to reinforce effective reading strategies, and utilize maps and globes to be able to identify specific countries within the regions of the world. They will also have opportunities to check out audio storage devices and take home books to share their reading experiences with their families. Students will use the Create A Book program to develop an age/grade appropriate book DOE 150 Revised 12/07 Dr. Eric J. Smith, Commissioner i I about the regions and cultures the\ learned about during the Global Literacy program. The computer teacher kill also use an E-Pals program to enable students to connect and communicate with other children in different countries. Students will participate in a culminating event to showcase their books and what they have learned through this activity Got Music-How About World Music?—Integrating music is a valuable and fun way for students to learn about different cultures. World Arts Now, a Broward County based organization, will provide weekly interactive cultural arts experiences that include Hawaiian/Polymesian music and dance, Turkish music, African music and storytelling, flamenco dancing, steel pan music, Penivian Rhythm Percussion and French Music and Dance. Students will learn about the daih life; language,and history about countries,songs in different languages and various dances, download music from the different cultures to an audio storage device.make musical instruments,and create different type of art used in the different cultures throughout the world. Students will participate in a culminating event at the end of the Global Literacy program where they will perform music, dances and songs from the different cultures they lcamed about during the program. Dania Beach restaurants will be encouraged to donate cultural foods during this event. Goals.Obiectives,Activities.and Timeframes GOAL#1 OMECTFVES ACTIVITIES& TIMEFRAME Global Knowledge: Develop 1 l)80%of the students participating La) Students will use various knowledge of other world regions and at least 20 days will be able to use vvebsites to access cultural stories, cultures. as vyell as global economic, simple maps and globes to identify poems. and downloadable materials political and social issues. countries and where people live as for use on audio storage devices.and measured by a program created pre conduct shared reading, read alouds, and post assessment test. and reading buddies activities, Weekly 1.2) 80%of the students participating and attending at least 20 days will I.b) Students will conduct research of increase their reading comprehension cultural topics through the internet skills as measured by the DAR pre and be exposed to daily activities that ' and post test assessment. focus on the history and daily life of other countries as reflected in dance, 1,3) 80%ofthe students participating music and art. Weekly and attending at least 20 days will increase their knowledge of different 1.0 Students will engage in map and cultures as measured by a program globe lessons to locate countries created pre and post assessment test. throughout the world. 9'cekly I A) Students will participate in Summer Success where they will read high interest reading books and magazines with multi-cultural topics. Weekly 1.e) Students will connect and communicate with other students in different countries through the E-Pals program. Weekly If) Students will create age/grade appropriate journals to highlight what they have learned about different regions and cultures. Weekly DOE 150 Revised 12/07 Dr, Eric J. Smith, Commissioner AAk Le) Students will participate in a culminating event to showcase their books and what they have learned through the Literacy 2 Go activity. End ojprogram GOAL#2 OBJECTIVES ACTIVITIES& TIMEFRAME World Language: Gain insight into 2.1) 80%of the students participating 2.a) Students will learn about the the nature of languages and cultures at least 20 days will be able to count, different languages and songs through experiencing new languages. name colors and greet others in a throughout the world through different language as measured by a storytelling, downloaded music,and program created rubric. dance. Weekly 2.2) 80%of the students participating 2.b) Students will make their Own at least 20 days will be able to sing musical instruments. Weekly songs in different languages as measured by a program created 2 c ) Students will create different rubric. apes of art from the different cultures throughout the world, Weekly 2.d) Students �611 participate in a culminating event to perform music. dances and songs from the different cultures. End ojprogram DOE 150 Revised 12/07 Dr. Eric J. Smith, Commissioner Florida Department of Education �' r r. Project Award Notification � , lr.fi; 1 PROJECT RECIPIENT 2 PROJECT NUMBER The City of Dania Beach 06E-2448A-SRCC I 3 PROJECT/PROGRAM TITLE 4 AUTHORITY 21 st Century Community Learning Centers(21 st CCLC) - 84.287C 21st CCLC NCLB,ATD,Title IV, Part B Continuation TAPS 08B020 5 AMENDMENT INFORMATION 6 PROJECT PERIODS Amendment Number: 1 Type of Amendment: Budget Increase/Extension Budget Period: 08/23/2007- 07/31 i2008 Effective Date: 03/31/2008 Program Period: 08/23/2007 -07/31/2008 7 AUTHORIZED FUNDING 8 REIMBURSEMENT OPTION Current Approved Budget: $280,000.00 Reimbursement of Expenditures Amendment Amount: $ 59,609.00 Estimated Roll Forward: Certified Roll Amount: Total Proect Amount: $339,609.00 9 TIMELINES • Last date for incurring expenditures and issuing purchase orders: 07/31/2008 • Date that all obligations are to be liquidated and final disbursement reports submitted: 09/20/2008 • Last date for receipt of proposed budget and program amendments: 07/31/2008 • Refund date of unexpended funds;mail to DOE Comptroller,325 W. Gaines Street, 944 Turlington Building,Tallahassee, Florida 32399-0400: • Dates for program reports: 10 DOE CONTACTS 11 DOE FISCAL DATA Program: Lingo,Lani Comptroller's Office Phone: (850)245 -0852 (850)245.0401 DBS: 4890 10 Email Lani Lineo(a fldoc ore EO: 8A Grants Management: Unit B (850)245-0496 ONect: 720000 12 TERMS AND SPECIAL CONDITIONS • This project and any amendments are subject to the procedures outlined in the Project Application and Amendment Procedures for Federal and State Programs(Green Book)and the General Assurances for Participation in Federal and State Programs. For federal cash advance projects,monthly expenditures must be submitted to the Comptroller's Office by the 20ih of each month for the preceding month's disbursements utilizing the On-Line Disbursement Reporting System. • Other: This project is funded on a reimbursement basis. Procedures for requesting reimbursement are in the Department's Green Book(Project Application and Amendment Procedures for Federal and State Programs). See Section C-Project Records and Report-Financial Disbursement Reports for Non-governmental Recipients. Should you have any questions regarding these terms and special conditions,please call Grants Management at(850) 245-0498. 13 APPROVED: zua sq l p D$ Auth t e ficial on beh of r. Fri . Smith ate o igning t`�• v,os ommissioner of E ton DOE-20 Revised 02/05 Page I of 2 INSTRUCTIONS PROJECT AWARD NOTIFICATION I Project Recipient: Agency,Institution or Non-Governmental entity to which the project is awarded. 2 Project Number: This is the agency number,grant number,and project code that must be used in all communication. (Projects with multiple project numbers will have a separate DOE-200 for each project number). 3 Project Description: Title of program anTor project. TAPS#: Departmental tracking number. 4 Authority: Federal Grants-Public Law or authority and CFDA number. State Grants-Appropriation Line Item Number and/or applicable statute and state identifier number. 5 Amendment Information:Amendment number(consecutively numbered),type(programmatic,budgeting,time extension or others)in accordance with the Proiect Application and Amendment Procedures for Federal and State Programs(Green Book),and effective date. 6 Project Periods: The periods for which the project budget and program are in effect. 7 Authorized Funding:Current Approved Project(total dollars available prior to any amendments);Amendment Amount(total amount of increase or decrease in project funding);Estimated Roll Forward(roll forward funds which have been estimated into this project);and Total Project Amount(total dollars awarded for this project). 8 Reimbursement Options: Federal Cash Advance-On-Line Reporting required monthly to record expenditures. Advance Payment-Upon receipt of the Project Award Notification,up to 25%of the total award may be advanced for the first payment period. To receive subsequent payments,90%of previous expenditures must be documented and approved by the Department. Quarterly Advance to Public Entity-For quarterly advances of non-federal funding to state agencies and LEAS made in accordance within the authority of the General Appropriations Act.Expenditures must be documented and reported to DOE at the end of the project period. If audited,the recipient must have expenditure detail documentation supporting the requested advances. Reimbursement of Expenditures-Payment made upon submission of documented allowable expenditures. Reimbursement with Performance-Payment made upon submission of documented allowable expenditures,plus documentation of completion of specified performance objectives. 9 Timelines: Date requirements for financial and program reporting/requests to the Department of Education. 10 DOE Contacts: Program contact for program issues,Grants Management Unit for processing issues,and Comptroller's Office number for payment information. 11 DOE Fiscal Data: A unique payment number assigned by the Department of Education, 12 Terms and Special Conditions: Listed items apply to this project.(Additional space provided on Page 2 of 2 if needed.) 13 Approved: Approval signature from the Florida Department of Education and the date signature was affixed. DOE-200 Revised 02105 Page 2 of 2 CITY OF DANIA BEACH Agenda Item # /. Agenda Request Database Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution 0 Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Identity appropriate Action or Motion) Approve an interim amount of$45,000.00 to continue the shuttle bus services between Limousines of South Florida and the City of Dania Beach until bid can be awarded. Why Action is Necessary To continue shuttle bus service for residents of Dania Beach. What Action Accomplishes Provides funding for 3 months of shuttle bus service until bid for such services can be awarded. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Fiscal impact/Cost Summary Exhibits Attached Exhibit 1 Resolution Exhibit 2 Extension Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Mark T. Felicetty Date 06/16/08 Department Director Kristen Jones Date 06/16108 Assistant City Manager Colin Donnelly Date 06/16/08 HR Director Date Finance Director Patricia Varney Date 06/16108 City Attorney Thomas J. Ansbro Date 06/17108 City Manager Colin Donnelly Date 06/17/08 City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-110 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE AN INTERIM AMOUNT NOT TO EXCEED $45,000.00 TO CONTINUE THE SHUTTLE BUS SERVICE BETWEEN LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES UNTIL A BID CAN BE AWARDED FOR SUCH SERVICES; PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to approve funding to continue the Community Bus Service with Limousines of South Florida Inc., for public transportation services until a bid can be awarded; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to approve an interim amount not to exceed $45,000.00 under the same current agreement conditions of the existing contract to continue to provide Community Bus Service with Limousines of South Florida Inc., for public transportation services until a bid can be awarded for such service. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such extension document as are deemed necessary and proper and in the best interest of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR COMMISSIONER I ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-110 EXTENSION OF AGREEMENT THIS IS AN EXTENSION OF AN AGREEMENT (the "Extension"), which Agreement is dated April 14, 2007 (the "Agreement'), existing between THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation of Florida (the "City") and LIMOUSINES OF SOUTH FLORIDA, INC., a Florida corporation(the"Contractor") and is dated 2008. Contractor provides public transportation services to the City. The parties wish to extend the term of the original Agreement until August 31, 2008. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. The parties agree to extend the Agreement until August 31, 2008 or until a new agreement is executed and becomes effective, whichever first occurs. 2. That in all other respects, except as amended by this Extension, the Agreement is ratified, reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY: ATTEST: CITY OF DANIA BEACH a Florida Municipal Corporation BY: LOUISE STILSON, CMC BY: CITY CLERK ALBERT C. JONES MAYOR-COMMISSIONER BY: APPROVED FOR FORM SERVICES IVAN PATO, CITY MANAGER AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2008-110 CONTRACTOR: Limousines of South Florida, Inc. CORPORATE SEAL: By: (IF APPLICABLE) Print Name: Title: STATE OF FLORIDA COUNTY OF BEFORE ME, on 2008 personally appeared as of Limousines of South Florida, Inc., a Florida corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it , and such person is personally known to me or has produced as identification and did (did not) take an oath. MY COMMISSION EXPIRES: My commission expires: Notary Public, State of Florida at Large 4 RESOLUTION #2008-110 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution Fx-1 Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or latofion} Approval of Resolution authorizing award of contract to Infinity Roofing & Sheet Metal, Inc. for emergency roofing repairs at City Hall - BSO, Fire and Community Development roofs. Why Action';is necessary BSO, Fire and Community Development roofs at City Hall are leaking causing multitude of problems to ceilings and potential health issues for staff and visitors. What Action Accomplils,hes Provides necessary repairs and replacement ahead of wet and storm season. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background See memo Fiscal Impact/Cost Summary Not to exceed $185,745.00-Contigency Exhibits Attached Resolution Memo Quote Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Leo Williams Date 06/16/08 Department Director Dominic Orlando Date 06/16/08 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/16/08 City Attorney Thomas J. Ansbro Date 06/17/08 City Manager Colin Donnelly Date 06/17/08 User Creating Item Item Name (do not use /or\ in name) Leo Williams Agenda Request Infinity Roofing 06-24-08 City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-111 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO INFINITY ROOFING & SHEET METAL, INC. FOR CITY HALL ROOFING WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $185,745.00; PROVIDING FOR FUNDING; 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$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 WHEREAS,emergency replacement of roofing at City Hall is necessary due to failure of the current roof; and WHEREAS, the City Manager has determined that it is necessary to move forward with emergency replacement of the roof at City Hall; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the sum of $185,745.00 to Infinity Roofing & Sheet Metal, Inc., and the proper City officials are authorized to execute the contract for the work; provided, however that no contract will become effective unless and until City officials complete their execution of it. Section 2. That the Director of Finance is authorized to transfer the project amount from the General Fund "Contingency" to "Transfer to Capital Projects Fund" and appropriate the Fund accordingly. 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#2008-111 City of Dania Beach Department of Public Services _. ... ... .. . ............. ___.. ............................. .................. .......... 100 West Dania Beach Blvd Dania Beach,FL 33004 (954)924-3741 (954)-923-1109(fax) TO: Mayor Albert Jones Vice Mayor Anne Castro Commissioner Bob Anton Commissioner John Bertino Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services VIA: Leo Williams, Superintendent of Public Services Date: June 16, 2008 RE: Approval of Award to Infinity Roofing &Sheet Metal, Inc. for emergency City Hall roofing repairs and replacement at BSO, Fire and Community Development Areas Introduction and Background The existing roof at City Hall over BSO, Fire and Community Development areas has been leaking for some time. In-house repairs have been made over the years as possible. Current leaking and other roofing problems at City Hall due to continuous ageing of the roof and the repair patches, and now structural damage, it is imperative that emergency repairs begin immediately to avoid future damage and safety issues for those working in these areas. In-house repairs are no longer feasible. Last year removal and replacement had been put on hold due to proposed redevelopment plans to demolish various sections of the old structure to plan for construction of a new library and parking garage. Since the latest plans are now to keep the existing structures intact, roof removal and replacement needs to be done ASAP. Staff has compiled a list of needed repairs and obtained three quotes for this emergency work as follows: DRS Roofing Contractor- $206,900.00 Advantage Roofing and Restoration, Inc. - $188,047.00 Infinity Roofing & Sheet Metal, Inc. - $175,745.00 It was further determined to add an allowance of $10,000.00 to Infinity Roofing & Sheet Metal, Inc. Quote of $175,745.00 for a total amount Not-to-exceed of $185,745.00. The $10,000.00 allowance will cover replacement of Gypsum and Tectum decks under the roofing if required. The quote shows City Hall Roofing Replacement 06-24-2008 City of Dania Beach ,y Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 • (954)924-3741 (954)-923-1109(fax) Gypsum replacement at a unit cost of $6.00 per square foot and Tectum replacement at a unit cost of $14.00 per square foot. The allowance includes $4,000 to replace Gypsum deck and $6,000 to replace Tectum deck. Recommendation It is recommended that the City Commission approve a resolution to award the project to the Infinity Roofing & Sheet Metal, Inc. for the amount not to exceed of $185,745.00 and authorize the City Manager to execute the documents. City Hall Roofing Replacement 06-24-2008 INFINITY ROOFING & SHEET METAL INC. 1720 N.W 22" COURT, POMPANO BEACH,FLORIDA 33069 PNONF' 954-917-7107 PROPOSAUCONTRACT AGREEMENT Date June 4. 2008 To: City of Dania Beach Re Re-roof-Community Service. Fire Prevention & Police Department Buildings SCOPE OF WORK Provide necessary labor, material, equipment, and supervision necessary to install a new Twenty(20)year SBS roof system on the above referenced project as follows; Community Service Section-Concrete Deck 1 Provide ground protection. 2 Provide necessary permits. 3. Remove and dispose of existing insulation and roofing down to the structural concrete deck. 4. Apply one{1)coat of asphalt primer to the entire deck. 5, Install new PT wood blocking where same is required as per RAS 111. 6- install new 1 5'ACFoam II roof insulation using Olybond adhesive. 7. Install new%, per It crickets between internal drains using 0 ybond adhesive. 8 Flash new 118"overlay roof insulation using Olybond adhesive. 9. Apply one 11)coat of asphalt primer over overlay roof insulation. 10, Install one(1) ply of smooth sbs modified membrane as per manufacturer's spec;fications. 11- Instali new stainless steel scuppers, 12. Flash internal drains as per manufacturer's specifications. 13 Remove and install new wall expansion joints 14 install one(1) ply of sbs fire rated granulated modified as per manufacture's specifications. 15, Apply white ceramic granules to all bleed out. 16 Install membrane flashing by performing the following(two plies): A Apply one(1)coat of asphalt primer to all walls to be flashed. B. Install cant strip as per manufacturer's specifications. C Install one(1) ply of she modified backer membrane as per Manufacturer's specifications. 0 Install one(1) ply of sbs granulated modified membrane as per Manufacturer's specifications E. Terminate flashing using aluminum compressed termination bar fastened 8'o.c where same:s required, Same to be seal with three 0)course of mastic and fabric membrane, F. Install new stainless steel gravel stop where same is required. Same to have its appropriate stainless steel hurricane cleat. G, Install new stainless steel surface mounted counter flashing where same is required. Seal same with Sonneborn NP1 sealant. 17. Install new stainless steel collector boxes and downspouts. 18. Remove and dispose of any related roofing debris from roof and premises. 19. Provide owner with a Twenty(20) year labor and matenaf No Dollar Limit guarantee and a Two(2) year Contractor guarantee i Community Service section& Higher Section(Fire Prevention{ Gypsum Deck 1. Provide ground protection. 2 Provide necessary engineering. Engineering to be included. A. Fastener pull test. S. Fastener calculations. 3. Provide necessary permits. 4. Remove and dispose existing insulation down to the gypsum deck, Any deteriorated and/or damaged gypsum deck will be replaced at a rate of S 6.00 per sff. 5. Install one(1)layer of sbs modified vapor retarder as per Manufacturer's specifications 6. Install new '/.'per ft tapered insulation system in a continuous mopping of hot asphalt,with a minimum start of 1.5 Material to be polyisocyanurate 7 Install new Y"per ft tapered crickets in a continuous mopping of hot asphalt where same are required 8. Install new 118"overlay roof insulation in a continuous mopping of hot asphalt. 9, Apply one if)coat of asphalt primer over 118"overlay roof insulation. 10. Install one(1)ply of stirs vented modified membrane as per Manufacturer's specifications. 11, Flash all internal drains as per manufacturer's specifications 12, install new stainless steel SBC flashings around A/C stand legs. 13. Install new stainless steel A/C gooseneck. 14. Flash small penetrations using Alsan 500. 15, Install new stainless steel scuppers. 16, Install new expansion joint where same is required. IT Install one(1)ply of she fire rated modified membrane as per Manufacturer's specifications18 Apply white ceramic granules at all bleed outs. 19, Install membrane flashing by per`orming the following (two plies) A_ Apply one(1) coat of asphalt primer to all walls and curbs to be flashed. B. Install new PT wood blocking on the top of the parapet wall where new coping cap wile.' be installed, C. Install new cant strip as Der Manufacturer's specifications, D. Install one(1)ply of modified membrane as per manufacturers specifications. E Install one(1)ply of sbs granulated membrane as per Manufacturer's specifications F. Install aluminum compressed termination bar fastened 8"c.c where same is required. Seal same with three(3)course of mastic and fabric membrane. G, Install new stainless steel coping cap. Coping cap to have its appropriate stainless steel purr+cane cleat. 20. Re route existing electrical conduit that is located over the parapet wall. This wild be completed to allow for installation of new PT wood blocking, and coping cap, 21, install new PVC A/C condensation Ines_ 22 Install new stainless steel collector boxes and downspouts. 23 Install one(1)condensing unit on aluminum stands. 24, Relocate disconnects of existing package unit. 25, Remove and reinstall existing lightning protection system. 26 Remove and dispose of existing duct work. Install new duct work with supports 27, Remove and dispose of any related roofing debris from roof and premises. 28, Provide owner with a Twenty(20) year labor and material No Dollar Limit guarantee and a Two(2)year Contractor guarantee. Police Department-Tectum Deck 1. Provide ground protection. 2. Provide necessary engineering. Engineering to be included: C Fastener pull test. D Fastener calculations. 3. Provide necessary permits, 4. Remove and dispose existing insulation down to the existing tectum deck. Any deteriorated and/or damaged tectum deck will be replaced at a rate of$ 14.00 per s1f. 5, Install one(1)layer of sbs modified membrane as a vapor retarder. 6, install new per ft tapered insulation system in a continuous mopping of hot asphalt,with a minimum start of 1 5".Material to be pglyisocyanurate. 7. Install new'J` per ft tapered crickets in a continuous mopping of hot asphaY!where same are required. 8 Install new 118"overlay insulation in a continuous mopping of hot asphalt, 2 9 Apply one(1)coat of asphalt primer over overlay roof insulation. 10. Install one (1)ply of vented sbs modified membrane as per Manufacturers specifications. 11 Flash all internal drains as per manufactures Specifications. 12. Install new stainless steel SBC tlashings around A/C stand legs. 13. Install new stainless steel A/C gooseneck. 14, Install new stainless steel scuppers. 15 Install new expansion joint where same is required. 16 Install one (1)ply of sbs fire rated granulated membrane as per Manufacturers specifications. 17 Apply white ceramic granules at all bleed out 18, InstaF membrane flashing by performing the following( two plies }: a. Apply one(1)coat of asphalt primer to all walls and curbs to be flashed. b. Install new PT wood blocking on the top of the parapet wall where new coping cap wi,l be installed.. c Install new cant strip as per Manufacturer's specifications d. Instal,one(1) ply of sbs modified membrane as per manufacturers specifications. e. Install one(1)ply of sbs modified membrane as per manufacturers specifications. f. Install aluminum compressed termination bar fastened 8"o.c where same is required, Seal Sarre with three(3)course of mastic and fabric membrane. g Install new stainless steel surface mounted counter flashing where same is required. Same to be sealed using Sonneborn NP1 po;yurethane sealant. h. lnstaN new stainless steel coping cap_ Coping cap to have its appropriate stainless steel hurricane cleat. 19. Install new stainless steel collector boxes and downspouts. 20 Remove and dispose of any related roofing debris from roof and premises 21. Provide owner with a Twenty (20) year labor and material No Dollar Limit guarantee and a Two(2)year Contractor guarantee. Note, The roofing industry is currently experiencing price volatility with all of its products. Dce to the market fluctuations, the prices of these products are subject to sudden significant changes and firm prices cannot be obtained by suppliers. If there is an increase in the price of any products associated with this contract, the price set forth in this contract shall be increased to reflect these additional costs_ Infinity Roofing and Sheet Metal will submit written documentation of increased charges The terms and pricing under tfli5 contract are valid for 30 days 'ram the date of this agreement. Note_ Deposits and progress payments must be made in accordance with the contract terms. Any lapse or stoppage in payments shall constitute an immediate work.stoppage. Note: This agreement shall govern by the laws of the State of Florida Should any dispute arise between the parties hereto with regard to any of the forgoing, the proper venue for any such dispute shall be Broward County, Florida Note: In the event either parties hereto is compelled to enforce any portion of this agreement hereof, the prevailing party shall be entities to recoup reasonable attorneys fees and casts up to and including Post judgment and appellate level proceedings. Note: There is no promises. representations or understandings outside of this instrument which instrument represents the complete agreement between the parties. No modification of this contract shall be valid unless in writing, signed by the party against whom the change is asserted.Any notification required by this Contractor shall be made in writing, Note: The parties agree that the Subcontractor and/or Subcontractor's insurer will exclude all coverage, including defense,damage related to bodily injury, erty, prop damage and clean up expenses caused directly or indirectly in whole or in part for any action or claim brought on account of mold, including fungus and mildew regardless of the cause, event. material, product or damage that occurs. 3 ACCORDING TO FLORIDA'S CONSTRUCTION LAW(SECTION 713.001-713 37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE THE RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM 1S KNOWN AS A CONSTRUCTION LIEN, IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS OR MATERIAL SUPPLIERS OR NEGLECT TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL, IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE ALIEN ON YOUR PROPERTY THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR MATERIAL. LABOR, AND OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY FLORIDA'SCONTRUCTION LIEN LAW IS COMPLEX AND I I IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY COMPLETE LABOR AND MATERIAL FOR NW LOWER SECTIONS_ ... _.... . .._......._ ...$66.602.00 COMPLETE LABOR AND MATERIAL FOR HIGH LEVEL.,... S 62,078 00 COMPLETE LABOR AND MATERIAL FOR SW LOW SECTION . . .. S 34,065,00 MECHANICAL WORK FOR NW LOWER SECTIONS _...... MECHANICAL WORK FOR HIGH LEVEL __ _._ $ 8.500.00 MECHANICAL WORK FOR SW LOW SECTION. AI:of the above work shall be completed in a substantial and workmanlike manner for the surn of 1 175,745.00) One Hundred Seventy Five Thousand Seven Hundred Forty Five Doliars, Terms of Payment shall be: To be determined upon signing. Any al era6on or dawafron from Ire ate"Sp aclf canonS nvolving extra cost of laoar or in w,0 crly be azeauiad upon wr tten orders far Bane and w I L`eoOmP an aXUO o a(Oe over he sum al,tad allS zontract All agreeme t S trust ce made Y wnfin_t, acwrol'ttf to f 1, +� U0%14 ans of Contr'ses an InGoity oo fin'q&qs y to Shea!Metal, me shal. carry aI workers compensator and liability wsuranne aid shall also CroY da a l '^ef5e5 aM I>811'l1IS'1eCaS4gty Ia COmPlafa this JCb. ,.. Infinity Roof g & Sheet Metal Inc. v Javier JIVartinez, Sales Manager cE— You a e horeby authorized to fcrm..h at naferlas and laoo gqU p �c toCpmplele the won+, spec,fied ;r '.he above propcSa, to'wnieh the urdarsognec agrees to pay-7:a amcurt staled in said proposal,and accordr fi;to fro rercns the•eo'. 'date) 4 K-0 :DP:: OF O_'-ITRHL F -OJ;IDA FN:: NO. :4 72471-83 Ln, rq t:JRq OG:42n I P1 Frm 2455 Hollywood Blvd, Suite 110 Hollywood FL 33020 (954) 453-1139 — (561) 964-7798 FAX — (954) 961-0901 FAX TRANSMITTAL DATE: Le. -of TO: �Ui t�f_f.c'chC (V FAX: }S _ _ _ .1 -.� 9d 3 - I/U y FROM_.__.. TEL:— --- PAGES: RE: CC: a COMMENTS: ORIGINAL TO FOLLOW BY MAIL: YES NO FROM :IRS OF Ci FLORIDA --OX `40, :407240141 Jun. ]t4 2008 09:424M P2 A— ROOFING ASBESTOS IY CONrRACTOR CONTRACTOR CJ�01254133 PROPOSAL Dj 2455 Hollywood Blvd.Suite#110-Hollywood.FL33020 Brovinard 954453-1139'palm Beach 561-984-7798 DATE City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 City of Dania Beach City Hall 100 W. Dania Deal Brvd,, Dania Beach FL 33004 ATTN: Mr. Jose Urtecho SC-M—NUMBER JOB— J PHONE 08-464 fx 954-923-1109 WE HEREBY SUBMIT SPECIFICATIONS AND/OR ESTIMATES FOR: Acoldi 92!!k2ty—Q1—tK Tecturn ii oypsum Docks: . Teay off eximfing rod system clown to deck. . Mechanically fasten base sheet throughout. . Irli two(1) ply temporary roof throughout . install fully tapered insulation with Via"slope and slope crickets . Install 2-ply modified bitumen rout system With twenty(20) year marutacturil i warranty covering both labor and materials for the term of the warranty, Concrete Decit: • Tea,off existing roof system dovi to dell • Install 1,5"polosocyanurate insulation board in hot asphAt, • Install tapered crickets with 1/,"slope at 1cm point of Mf. • Install%`high density wood fiberboard irsulation in hot asphalt. • install 2-ply modifiedbitumen roof system with twenty(20)year manufsetweir's Nf)L warranty covering both labor and materials for the tmmi of the warranty. 1 Police Dept Roof Area 0 Roofing Price-$42,62)0,00 K(jec,4,islitical 1 cle.atrica,price-$21500 00 2 Fire prevention/police Dept Roof Area a Rooting Arica -$72,500,00 Mechanical/electrical port-$7,900 00 3 Community Services Roof Attea * Roofing Price-$76,600 00 Mechanical I electrical plice-$4,801 ------------------ ------ WE PROPOSE ranety to complete in accotitancs with above apocince9une,for the gam of- SEE ABOVE dotarets SEE ABOVE I Payment to be made as 10i PROGRESS BILLING —NET 30 DAYS FROM DATE OF INVOICE All inere to be con aaand o a workmaruie numna,eniernarri to iniii Authiai wwam" AM.110111i at dwwl.n from Some ,a I.0 will be Inataijbid arlyr UP(r)ad ten anioe and ellf become an Ailneeeool'CWMI-Vaitl-lii .d Note, this marenval dW Int 10 days. �.1111 014.411 Wood ournormi cia"ka-we fig'I by We*.,,.Gore melon adithdi,ineri i UX 10 not eiroal Mean Acceptance of Proposal - Tra Ani Prices, apocifieaaoaa and condkinina am 621niftictilrY An'd AM Ininnny a=api You 4ora WhorLied W 60 mft iii AS Inaii"Ifind, Parini fttm of nul an,made oK outlined Heave. In the event mad Meet action 11 01401 Aocapili to ri it*I.m. f Ida•9raemam,the pooranor;Party In aWh action $hall he entitled to Mi Im'""On'ba 0"Weari a roe-'no coat ior-i in e%jth Any sum not paid When duo shall Advantage Roofing and Restoration, Inc. 2460 NkV 17"1 znv. Unit;±2, Pompano Beacti.F 1 33064 Ph: (954)935-9?33 Fax: (954)935-9732 Propo."Wontract Agreement Datc: 06-04-08 10: The City of Dania Beach Fiv 954-421-580;s Mr, Jose Ur-lecho 100 W. Dania Batch Boulevard Dania Reads Fl, 31004 Re, Re-roof: Cornmt::jlv Service, Fire Prevention& Police Department Buildings Ad%arniyu Rasing will provide all labor,material and equipment to perform the following: Provide ncucswry labor, material,equipmew. and SUPONISIOU oWeSSary to 111stall a new modified bilUnicti roof system an the above referenced project as follows: Structural Concrete Deck 1. P-rovidc roolling permits. 2. Remove all related mollug to structurat concrete deck. 3. Install asphalt printer. A. 111,rall woo<1 blocking where same is tucluired. 5. hislall 1.5"polyisoc%lanurate insulation using approved Rialn adhesive. 6. lmylall necessary crickets using approved loan)adhestac. 7. install new 1,8" insulation LISlog approved R41111 ldhCSo1C. K Install one ply ol'Smooth Modified Bitumen membrane using it loidl. l). Install all additional Ply of White(iraouleied Modified Bitunwn membranc. olor to be W1111c. 10. lostall membrane Clashing at parapet walls, curbs,and walls. 11. Install new expansion joints. 12. Install new lead fleshings at all drann, 13, Install new scuppers. Scuppers to be made of stainless steel, 14. RemoNe roofing debris From premise,and disix)se of'same accordingly. 15. Guarantee to be as JbIlmNs Two years Contractor Gtrarantee, and Twenty year NDI, Manufactuer quarantec. GVpSum Dec 1. Complete all necessary engineering as per the current 113C. 2. Remove all related roofing down to gypsum deck. 3. In-stall one illy of'Smooth Modified Bitumen as a tccaporary roof system. 4. Install new tapered system. Slope to be pet- R. 5, Install any required crickets. 0, Install new overlay board using hoe asphalt. Install one ply of Silloodl Modified Bitumen membr-ole using a torch. � S, lrislall(Inc p 1v of white(irarodaled Modified Bitumen membrane. Color to he white. 9. Install membrane flashing at parapet walls, curb.s,and walls. 10 All mechanical and electrical work is included in the convaet;Fid amount. I I. Install new scuppers. Scuppers to be made of staiiilc,s steel 12. Install new pitch pans where same are required. 13- Install new goosenecks mhLTe same arc rcquire& 14. Downspouts and boxes are included in contract amount. Material to be stainless steel. 15. Replace expansionjoints. 16. L.iglaming protection is included in contract'bid amount- 17. Guermnee to be as follows: I wo years Contractor Guarantee, and 1'wenty you NIA, Manufacturer guarantee, Police Department-Tectum Deek I. Complete all necessary engineering as per the current Irf3C. 2. Rcmove all related rootng(4m n to wood fiber deck. 3, Instill one ply of Smaith Modified hmnnen membrane as a temporary rcx7f sysicin 4, Install new tapered system. Slope to be per h. Install all required crickets. 5. Install new overhty txtard using Pox asphalt. 6. Install one ply of Smooth Modified Bitumen wvirbrane using a torch. Install one ply of White Granulated Modified Bitumen membrane_Color to he White. 8. Install membrane flashing at parapet walls,curbs.and walls. 9. Al.I mechanicai and eloctical work is included in the contractbid amount. 10. Install new scuppers. Scuppers to be made of stainless steel. 11. Install new pitch paus where sane are required. 12, Instill new goosencc:k where same are required. 13. Downspouts and boxes are included in contract amount. Material to he stainless steel. 14, Replace expansion joints. 15. Install lead flashing at all drains. 16. Downspouts and Ixnxes are included in the contract;bid amount. 17. Replace expansion joints. 18. Guarnnee to he as hallows: I wo}uaN Coruractur Guarantee,and Cwenty year NDI, Manufacturer guarantee. COM PI FTE LABOR AND MA I ERIAL I OR NW LOWER SW I IONS S 71.264.00 ( OMP1,1'1'E LABOR AND MA'I ERIAL FOR 111611 LIATI, S 66.423,00 COMp1.C:1 IT LABOR AND MAFFRIAI FOR SW LOW SEC'I'[ON S 36.450.00 MUCHANICAL WORK FOR NW LOWER SECTIONS 1 3,210,00 MECIIANICtAL WORK FOR IIIGLILEVEL S 9,095.00 XIECHANICAt WORK FOR SW L.OW SEC"I'ION S l ko.00 Uuvon,, lesion. _.,.____._..�.._..._._-, LA11...,.. n%oMng..Xin..�.............».._..boro..,,...,.,,.».,...,__......._.._e.__.....—..........,. .;try alceruiat nr duciat nn from.the n6nu annzifiaariunv icrolving esuv cu t o: titwr or c:atta:dl u is txrly Ix cxrwud upon wan ca where itu tte some.and wilt hxocune::n exCa charge Deer Ike aunt staeexl in thi6 utsm,,et. AlI ugrument, atuat Ix nt.de in writing, Advnmage k, i)fng sad keatnramm, Irt- hail care general ia'ni.ity and wnrkca corppen,adnu iusu:rtn st wmptete th.s ioh.C'onmu pricing subjcrt to change Aurmi ills)d tw frow tiw dn:c of thin uM❑',Ut - m.w i Mac antagc Roofing and Restoriwon.Inc. f uy} '. A neon,president f i -ACCFP I ANCA Von aa;Ixrreby surho:vul to''urnlsh-dl mmcriak and lalm icquired too,:nplete the work el�citiod in die aaoeC prorxnal,flu'°,chiai the atxtcrigtmc agrees to pay the amount iatixl it Trod propr:aL::nd accuni n@ to tactenats thervni'. {DatC CITY OF DANIA BEACH Agenda Item # /. 7 Agenda Request Item Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate A too or Motion) Approval of award to Weekley Asphalt Paving, Inc. for water main removal and replacement on US-1 Bridge at Old Griffin Road. Why Action is Necessary To allow improvements to the bridge by FDOT's Contractor, Weekley Asphalt Paving, Inc. The City's old 8 - inch water main on US-1 Bridge at Old Griffin Road needs to be removed. Also, to continue water service connection over the Dania Cut-off Canal once Bridge Improvements are completed, Weekley Asphalt Paving, Inc. will install a new 12-inch water main on the bridge. What Action Accomplishes Continues water service across the US-1 Bridge at Old Griffin Road in coordination with FDOT's Federal Highway Project. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Ekplanatidn1Baokgr96nd See memo Fiscal Impact/Cost Summary $48,000.00-Water Fund Retained Earnings Exhibits Attached Resolution Memo Quote Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 at Doc Authorized Signatures Submitted by Leo Williams Date 06/16/08 Department Director Dominic Orlando Date 06/16/08 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Thomas J. Ansbro Date 06/18/08 City Manager Colin Donnelly Date 06/18/08 User Creating Item Item Name (do not use /or\ in name) Leo Williams Agenda Request Weekly Water Main 06-24-08 City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-112 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH WEEKLEY ASPHALT PAVING, INC. FOR WATER MAIN INSTALLATION ON FEDERAL HIGHWAY AT THE DANIA BEACH CUT-OFF CANAL BRIDGE FOR AN AMOUNT NOT TO EXCEED $48,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part HI, 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 $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 WHEREAS, the City Manager has determined that it is necessary to have an agreement to provide for water main replacement services for the City; and WHEREAS, the City Manager has determined that such services can best be obtained from Weekley Asphalt Paving, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an agreement between Weekley Asphalt Paving, Inc. and the City for water main replacement services associated with the Dania Beach Cut-Off Canal bridge, in an amount not to exceed $48,000.00. Section 2. That the Director of Finance is authorized to appropriate the amount from Water Fund retained earnings to fund the project. 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#2008-112 City of Dania Beach Department of Public Services ....... . ......_ ........... . . 100 West Dania Beach Blvd- Dania Beach, FL 33004 - (954)924-3741 -(954)-923-1109(fax) TO: Mayor Albert Jones Vice Mayor Anne Castro Commissioner Bob Anton Commissioner John Bertino Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services VIA: Leo Williams, Superintendent of Public Services Date: June 16, 2008 RE: Approval of Award to FDOT's Contractor, Weekley Asphalt Paving, Inc. for Water Main Replacement at Federal Highway Bridge at Old Griffin Road and Removal of Abandon Aerial Crossing over Canal at Approximately NW 711, Street Introduction and Background The Engineer's estimate for removal of the existing 8 - inch water main on the US-1 Bridge at Old Griffin Road and replacement with a 12 - inch main, and including removal of the abandon 8 - inch Aerial crossing the canal at approximately NW 7w Avenue was $52,736.00 + 20% Contingency. The Engineer's estimate included $15,000 for mobilization and $5,000 for maintenance of traffic (MOT). Due to the FDOT work currently proceeding on Federal Highway which requires the removal of our current water main attached to the bridge at the Dania Cut-off Canal and the need to remove the old aerial crossing over the canal between Old Griffin Road and NW 711, Street we have conducted negotiations with the FDOT Contractor and a few other contractors to provide this work without delay. Weekley submitted a budget quote of $43,791.00. To allow for unanticipated field conditions due to unknown subsurface conditions on each side of the US-1 Bridge and also with potential issues at the abandon aerial crossing, we recommend a not-to-exceed amount of$48,000.00 for this work. Verbal estimates obtained from other contractors exceeded the Engineer's estimate including the contingency. Since Weekley Asphalt Paving, Inc. is already mobilized and already has an MOT plan approved by FDOT, having FDOT's Contractor proceed with this work will result in a savings to the City and will have the new line back in service in the least amount of time. Water Main Replacement—Federal Highway Award 06-24-2008 �k nIee City of Dania Beach 4 _ Department of Public Services ....................__._. ..... ......_.... _... .. 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 (954)-923-1109(fax) Recommendation It is recommended that the City Commission approve a resolution to award the project to the FDOT Contractor, Weekly Asphalt Paving Inc., for an amount not-to-exceed $48,000.00 and authorize the City Manager to execute the documents. Water Main Replacement— Federal Highway Award 06-24-2008 WEEKLEY ASPHALT PAVING, INC. '-N3 ROAD P--V�v, ,w N 12"Walttr M lr sta 3ficn i^1 )aolz- Uca-,h cu. oq Cinto! or JS 1 QuZiltity Unit Unliplice Amount Vjatkn Ma n On &"LCA Jl mW'Na ler Ma n Crossin,, BUJ "39'0� ;L 'c"' Dt P-­V�—�'tt' 'm;in 14 4 110 Exist- ral r M.ain 2 EA 1 31--)65 Y� 112" Gat,� Valvps A 1 413 ..... . K�l I 1; Dy�votr, LS 57, ow! ing :111d,flust)Inq ---------- 7TDTAC a NOTES: Ex-iu(J0!i NrT ft boA pfarnm: il.u' iiNly ad]-surnis Fx utjwa c/mcvte bJ';cx N;)"h pkje cf0E-m.a cul-cif win!a" acni "F()5'o:rqj h;s Quote'nascrt on W'lat S,"U!d be, expc-d . 1h.tactual (zstwlll be. bns-j on x1d as aqmcd to by lhe Owne,e-,d Wr--ekl6y;<,FTzdt P2y�jjq CITY OF DANIA BEACH Agenda Item # 7. Q Agenda Request Item Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion)' The City Commission approve a resolution amending the contract wtih After School Programs, Inc. (ASP, Inc.) Why Action is Necessary The prior contract did not compensate ASP, Inc. for work to be provided for Summer Camp 2008. With the ending of the MOST grant, that ended the compensation for ASP, Inc. to provide summer camp services What Action AocompUsbes Allows the City to enter into a contract for summer camp services Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: 0 Capital: ❑ Summary Explanation/Background See memo attached Fiscal Impact/Cost Summary $17,100 Exhibits Attached Exhibit 1 - resolution Exhibit 2 - Memorandum Exhibit 3 - Contract Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 win 3t Doc ❑ ❑ ❑ ❑ ❑ Authorized Signatures Submitted by Colin Donnelly Date 06/16/08 Department Director Date Assistant City Manager Colin Donnelly Date 06/16/08 HR Director Date Finance Director Patricia Varney Date 06/17/08 City Attorney Thomas J. Ansbro Date 06/18/08 City Manager Colin Donnelly Date 06/18/08 User Creating Item Item Name (do not use/or\ in name) Colin Donnelly ASP, Inc Contract time for kids City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008 -113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, FOR ADMINISTRATION OF THE TIME-4-KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND THE 2008 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part I11, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of twenty-five thousand dollars ($25,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the T.LM.E.4-Kids program is funded by grant in its entirety by the 2151 Century Community Learning Centers (21st CCLC), Florida Department of Education in an amount equal to $339,000.00 for the 2007-08 after school program and 2008 summer program; and WHEREAS, After School Programs, Inc., a Florida non-profit corporation located in Deerfield Beach, Florida, has submitted a proposal to administer the grant for an amount equal to 10% of the approved expenses of the grant amount expended from June 9, 2008 through July 31, 2008 in an amount not to exceed $15,000.00; and WHEREAS, the City of Dania Beach is required to provide snacks for the T.I.M.E.4-Kids summer campers, which cannot be paid for through grant funds, in the amount of$2,100.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the execution of an amendment to the existing agreement on behalf of the City with After School Programs, Inc., which Amendment to Agreement is attached as Exhibit "A" to this Resolution for an amount not to exceed $15,000.00; further, the City Commission approves the amount of $2,100.00 for summer campers' snacks. Section 2. That the Director of Finance is authorized to transfer $17,100.00 from the General Fund line item "Transfer to Grant Fund", and appropriate the budget in the Grant Fund accordingly. Section 3. That the City Manager and City Attorney are authorized to make revisions to such Amendment to Agreement as are deemed necessary and proper and in the best interest of 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 be in force and take effect retroactive to June 9, 2008. PASSED and ADOPTED on 2008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-113 AMENDMENT TO THE CONTRACT FOR SERVICES BETWEEN THE CITY OF DANIA BEACH AND AFTER SCHOOL PROGRAMS, INC. This is an Amendment to a Contract for Services ("Amendment'), which Contract for Services ("Contract') exists between the City of Dania Beach, Florida ("City") and After School Programs, Inc., a Florida corporation ("ASP"). This Amendment is entered into and becomes retroactive to June 9, 2008, and it is an amendment to the existing Contract, which Contract is dated City and ASP wish to amend the Contract. In consideration of the mutual covenants, terms and conditions contained in the Contract and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: 1. Paragraphs I and 2 are deleted and in their place they shall read as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of Part B of Title IV — 21" Century Community Learning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110 in which ASP is specifically designated by the city, during the Broward County School Year for 2007-2008 which commences on August 20, 2007 and ends on July 31, 2008. 1.2 ASP shall perform its duties for one hundred seventy-five (175) school days and thirty(30) summer program days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (Is`) and fifteen (15`h) days of each month for the preceding school days for the costs incurred to administer the TIME-4-KIDS program. Payment for costs is to be based upon the Program Budget as approved and amended by the CCLC. Any additional costs exclusive of the Program Budget must be approved in writing in advance by the City. Payment is due within fifteen (15) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after more than twenty-one (21) days after the billing date. If payment is not received within thirty (30) days of its due date, the CITY shall be in default and ASP may terminate the contract. 2.2 ASP will bill an administrative charge of 10% of the approved expenses of the grant amount expended from the period of June 9, 2008 through July 31, 2008. 2. In all other respects, except as amended by this Amendment to the Contract, the Contract is ratified and reaffirmed and remains in full force and effect. 3 RESOLUTION#2008-113 IN WITNESS OF THE FOREGOING, the parties have executed this Amendment on the day and year first above written. CITY CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: BY: BY: Louise Stilson, City Clerk Ivan Pato, City Manager APPROVED AS TO FORM AND CORRECTNESS: BY: Thomas J. Ansbro, City Attorney CONSULTANT: Signed, sealed and delivered AFTER SCHOOL PROGRAMS, INC., in the presence of: a Florida corporation By: Signature Signature Print Name Print Name/Title Signature Print Name 4 RESOLUTION#2008-113 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2008, by , as of After School Programs, Inc., a Florida corporation, on behalf of the corporation. Such person is personally known to me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: 5 RESOLUTION#2008-113 FLORIDA row blavon Viee klav:rr,and City Cia.nrma ;caner 3 zr Cops N isi lot t City Z$antager t nmv Cohn €)c»a>ac N, AWman: C dy A wiarttt, `•us`V : A 5 P, Ink, 1:owract Arnvndt,W;1l1 The C14o Dania Beach has tveneontrts,_tingw4hAtw School Prigvarns, l,tc. +,we 2W5 to provide Dania Flva '1''s ymith woh claim. ;ltter School al doll-m, programming an d suannwr can, The a"a:ngenwnt I.'N,°11 em be Coy and ASK In, .`am tven tl, A S.R he all a 111ll'td II1`k 01 AU earprtTv4'd it an. 4'kpnw". �Atlwn #nr. al :rc-etch to, provide serval-es taa rim tlw 'Inve uw Kids proCram last a>us irs1, tie agreement t„ hvven ASK hx and the C itt' did licit h�.vv a provislan to laaa, the ad lnisiralrs< tees€lice i4 tivas aheadv Iu�naa, paid Iri,se ! t¢hvn the v1 C7 S.T. Prc},;cilia. With tnc endin t in l,t the 0 S.T. Pr(-Trani in Icanr ?IGS, A ST., hive wars no lmuta?r kris;crir mmisated for traeir a,6munstrative asedwa& The changes to the ag'n m`orit anti idv a lneL ilancsn; -vim wl"cit the ('0%,Carl L'mnJ-ww;'Av AM', Inc for diet entices, JAM, in Kids will oe prm:d mg JAI chlldron trmic the Collins l:Itnactxllr4 ch.a:>I sc.nanacr camp ,vie*,ar. acdadvinic, com;xineln for Seven weeks this suanmen The spun ored camp at Dania EkTwnUry as prociding camp ic,r 75 Dania (teach children. Children na the hhdi NO 1ae4d9whood are provided hus ttansr,ortation to,from the camp site of Darrtw, I?.letncntar, In achilthm the biro• run Cane )at rn +t I"rk is tea€ at .`t, w6upants. As of today, At the chtldren who want w attend sni mxwr earn],con do so. -UnmAW4 Fin ni 41: 1.r ot °3x, N.. .,W 11 wit I - 6. , <l t .. u. ...., �. CITY OF DANIA BEACH — = Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) X Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (identity appropriate Action or Motion)' Create an ordinance restricting smoking in City Parks. Why Action is Necessary Promote smoke free parks in conjunction with a smoke free Florida What Action Accomplishes Designtes all City Parks as smoke free facilities indoors & outdoors. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary]Explanation/Background Fiscal Impact/Cost,Summary Exhibits Attached Exhibit 1 Ordinance Exhibit 2 Memorandum Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Mark T. Felicetty Date 06/13/08 Department Director Kristen Jones Date 06/13/08 Assistant City Manager Colin Donnelly Date 06/13/08 HR Director Date Finance Director Date City Attorney Thomas J. Ansbro Date 06/13/08 City Manager Colin Donnelly Date 06/13/08 User Creating Item Item Name (do not use/or\in name) Kristen Jones Smoking Ordinance Clty Clerk Use Commission Action: Approved: ❑ Denied: 7 Continued to: ❑ ORDINANCE 2008-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE X TO BE ENTITLED "SMOKING RESTRICTIONS IN PUBLIC PARKS" OF CHAPTER 17 OF THE CITY CODE OF ORDINANCES ("OFFENSES; MISCELLANEOUS") AND CREATING CODE SECTION 17- 30 TO BE ENTITLED, "SMOKING PROHIBITED IN CERTAIN AREAS OF PUBLIC PARKS'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That Article X, to be entitled, "Smoking Restrictions in Public Parks" of Chapter 17, "Offenses; Miscellaneous", and Section 17-30, to be entitled "Smoking Prohibited in Certain of Areas of Public Parks", of the City Code of Ordinances is created to read as follows: ARTICLE X. Smoking Restrictions in Public Parks Sec. 17-30. Smoking Prohibited in Certain Areas of Public Parks. (a) It is unlawful for any person to smoke any tobacco product within the following park and recreational areas: upon or within fifty (50) feet of any playing field, court, rink, team seating area, dugout, bleacher, spectator area, playground, concession stand, recreation building or restroom. (b) The prohibition of this Section shall not apply to any person smoking within a motor vehicle that is within a City park, whether or not located in a parking lot. (c) A maximum fine of$50.00 is established for any violation of this Section. Section 2. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall take effect immediately at the time of passage and adoption. PASSED AND ADOPTED on first reading on 2008. 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#2008-017 Kristen L. Jones, MS Director, Parks and Recreation 100 West Dania Beach Blvd. Dania Beach, FL 33004 in Phone: 954-924-6800 Ext.3730 Fax: 954-924-6813 kjones@ci.dania-beach.fl.us TO: Mayor and City Commissioners FROM: Kristen L. Jones, Director Parks and Recreation DATE: June 12, 2008 SUBJECT: "Smoking Restrictions in Public Parks" Ordinance At this time, I would like to recommend restricting smoking in a few areas of our parks. These would include the playgrounds,within 50 feet of any playing field, courts, rinks, team seating areas, dugouts, bleachers, spectator areas, concession stands or restrooms. The prohibition shall not apply to any person smoking with a motor vehicle that is within a City park, whether or not is located in a parking lot. The fee is minimal at $50.00 but will help deter some of the vandalism that occurs to our equipment and grounds. July is National Parks and Recreation Month and a proclamation has been prepared and will be presented at June 24tn meeting. This is the perfect time to do something healthy for our parks and participants. I appreciate your consideration to approve this Ordinance at the June 24th Commission Meeting. Cc: Colin Donnelly,Assistant City Manager Ivan Pato, City Manager Mark Felicetty,Assistant Director, Parks and Recreation CITY OF DANIA BEACH Agenda Item # 7 /0 Agenda Request Database Date of Commission Meeting: 6-24-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) 0 Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action >(Idenfity appropriate Action or Motion).', Increase fees for Business License Tax by 5% across the board Why Action is Necessary Fee increases must be changed by ordinance. What Action Accgmpiishes Increase fees for BLT by 5% to keep fees in line with other Broward County municipalities. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background City Commission agreed to increase the Business License fees at the March 15, 2008 Strategic Planning Meeting. Fiscal lm act/C p ost Summary Generate approximately an additional $25,000 in Business License Tax Revene. Exhibits Attached Exhibit 1 - Ordinance Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Colin Donnelly Date 06/17/08 Department Director Date Assistant City Manager Colin Donnelly Date 06/17/08 HR Director Date Finance Director Patricia Varney Date 06/17/08 City Attorney Thomas J. Ansbro Date 06/18/08 City Manager Colin Donnelly Date 06/18/08 City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE 2008-018 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 15-12, "BUSINESS TAX SCHEDULE" OF THE CODE OF ORDINANCES AND CREATING A NEW SECTION 15-12, ALSO ENTITLED `BUSINESS TAX SCHEDULE" TO PROVIDE FOR A FIVE PERCENT (5%) INCREASE IN THE ANNUAL BUSINESS TAXES ASSESSED AGAINST ALL BUSINESS CATEGORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That Section 15-12, "Business Tax Schedule" is repealed, and in its place a new Section 15-12, "Business Tax Schedule" is created to read as follows: Sec. 15-12. Business Tax Schedule. The amounts which shall be paid by any person or persons, firms or business associations of any kind maintaining a permanent business location or branch office within the city, for the privilege of engaging in or managing any business, profession or occupation within the City are as follows: Abstract and title companies or agents . . . $ 170.50 Advertising: Advertising agency, agents, canvassers or solicitors (where there is no other applicable classification) including welcome wagon organizations, greeting service organizations and public relations firms, for each agent . . . 170.50 Persons distributing circulars, pamphlets or other advertising matter, except local merchants advertising in this way their own goods and merchandise (with permission to be granted by city manager, in his discretion, and on condition that the advertising materials not be placed in, or handed into automobiles or thrown on streets, but to be placed under doors only) . . . 170.50 Cross references: Regulation of advertising, Ch. 3. Agency, including babysitting registry, booking night club tours and related types of service business where there is no other applicable classification . . . 91.75 Airplanes, including charging for flying passengers and freight, dealers and air manufacturers, airplane instruction schools and related types of businesses where there is no other applicable classification . . . 236.25 Airplane repair and overhaul . . . 196.75 Alleys, bowling, boxball, or ten pin, for each alley . . . 105.00 Alterations (including dressmaking) . . . 39.25 Ambulance service, per ambulance . . . 91.75 Amusement parlors: (a) One to 25 machines or devices . . . 1,443.75 (b) 26 to 50 machines or devices . . . 1,575.00 (c) 51 to 75 machines or devices . . . 1,706.25 (d) 76 to 100 machines or devices . . . 1,837.50 (c) Each over 100 . . . 15.75 Cross references: Regulation of coin-operated devices, Ch. 10. Amusement parks, permanent, an annual fee to be paid by the operator of each permanent amusement park . . . 16,406.25 Note: All amusement parks must be first approved by the city commission. Animal exhibition, including dog or trained animal exhibition: Per day . . . 131.25 Per week . . . 295.25 Animal grooming service (not in connection with other services) . . . 91.75 Antique stores (see merchants retail and wholesale) Art and craft studio (which shall be permitted to sell only what is actually made on the premises) . . . 105.00 Athletic club, giving athletic contests or exhibitions . . . 78.75 Auction stores,permanent (to be approved by the city commission, annually) . . . 1,410.75 Auctioneer, including those auctioning household goods from a residence, or conducting a public sale from a place other than a residence: First day . . . 105.00 Plus for each day after the first day . . . 26.25 Auction shops or auction stores (itinerant), per week . . . 723.00 Automatic amusement machines, games and devices, such as marble games, throwing balls at figures and the like, which are not provided for, including shuffleboard games and bowling games: Owners and operators . . . 262.50 Distributor . . . 262.50 For each machine . . . 65.50 Each set . . . 65.50 2 ORDINANCE#2008-018 Note: (a) An owner or operator is an individual or corporation owning 3 or more machines placed anywhere in the city, who procures for either rental or a portion of the proceeds therefrom. (b) A distributor is one who distributes automatic amusement machines and devices and in addition distributes musical devices. Cross references: Licensing and regulation of coin-operated devices, Ch. 10. Automatic musical device, such as juke boxes, etc: Owner or operator . . . 262.50 Each machine . . . 65.50 Cross references: Licensing and regulation of coin-operated devices, Ch. 10. Automatic trade machines, where only incentive to operate same is to procure or receive merchandise of the reasonable value or cost of operating same, such as gum, peanuts, drinks, foods, candy and like. 'Distributor" is defined, for the purpose of this subsection, as an individual, firm or corporation owning three or more machines placed anywhere in the city and procures either rental or a portion of the proceeds thereof: Distributors . . . 262.50 $0.01 machine, each . . . 2.50 0.05 machine, each . . . 13.00 0.10 machine, each . . . 26.25 0.25 machine, each . . . 78.75 0.50 machine, each . . . 131.25 Over 0.50 machine, each . . . 157.50 Automatic trade machines, which dispense services such as washers, dryers, etc.: Distributor . . . 262.50 Each machine . . . 19.50 Cross references: Licensing and regulation of coin-operated devices, Ch. 10. Automatic weighing machines (when operated for profit) . . . 13.00 Cross references: Licensing and regulation of coin-operated devices, Ch. 10. Automobile dealers, includes all types of motor vehicles with a separate receipt to be obtained for each of the classifications listed below: (a) Display room or lot for new or used cars . . . 196.75 (b) Paint, body or top shop . . . 210.00 (c) Repair shop . . . 210.00 (d) Washing, polishing and greasing (not connected with garage or service station) . . . 157.50 (e) Combined . . . 263.00 Wrecking service (to be approved by both city manager and city commission, if on police call) . . . 183.75 Automobile tag bureau . . . 39.25 3 ORDINANCE #2008-018 Automobile towing only (with no additional fee to be charged if business is in connection with other business) . . . 183.75 Bakery, retail or wholesale . . . 183.75 Bakery truck, per truck (other than owner of bakery) . . . 105.00 Cross references: Permits and markings for vehicles transporting food, §§ 13-110, 13-111. Balls, concerts, dances and related performances (per performance) . . . 236.25 Ballrooms (each) . . . 131.25 Banks . . . 603.75 Banks (automatic teller machines) . . . 105.00 Barbershops: Each chair(whether operated or not) . . . 52.50 Manicurist in shop . . . 26.25 Bootblack stands, each operator or stand . . . 26.25 Barber supplies . . . 52.50 Baths, public houses . . . 65.50 Baths, Turkish, Russian or vapor . . . 65.50 Beach equipment (subject to bids to the city commission) Beauty shops: One to 3 operators . . . 105.00 Over 3 operators . . . 157.50 Billiard,pool or bagatelle tables(for profit), each table . . . 52.50 Birds and tropical fish (see pet shop classification) . . . 65.50 Blacksmith shop . . . 91.75 Blueprinting, photostat copying, etc. . . . 131.25 Boats and shipyards: Sales only(where boat accessories only are sold to merchants classified) . . . 236.25 Yacht or ship broker. . . 210.00 Permitting the operating of marine ways and dry-docks, any capacity; designing and building boats, marine hardware and marine equipment; supplies and ship chandlery, for use in connection with work done by the boatyard or shipyard that has obtained a receipt. More than 10 passengers, but not exceeding 50 passengers, each boat . . . 210.00 4 ORDINANCE #2008-018 More than 50 passengers, each boat . . . 262.50 Note: Prior to issuance of a receipt, liability insurance shall be required for commercial boats and vessels for hire, carrying more than 6 persons, in an amount not less than $25,000.00 for bodily injury or death to one person and an amount not less than $50,000.00 for bodily injury or death to more than one person. A certificate of insurance shall be furnished to the city clerk when the receipt is issued. Further, a certificate of approval as to seaworthiness, issued by the United States Coast Guard, shall be filed with the city clerk. Boats, towing and lightening (permit one barge or lighter free from each tow boat licensed hereunder as follows): For a business owning 2 boats or less . . . 157.50 For a business owning more than 2 boats . . . 262.50 For each barge or lighter in excess of the number of 2 boats licensed under this chapter, or for each barge or lighter not permitted in connection with 2 boats . . . 36.75 Note: In the event a permit to operate such boat is required by ordinance of the city, no such receipt shall be issued until such permit has been obtained. Boats for hire, fishing, cruising or sightseeing . . . 131.25 Note: Prior to issuance of a receipt, liability insurance shall be required for commercial boats and vessels for hire carrying more than 6 persons in an amount not less than $25,000.00 or bodily injury or death to one person in an amount not less than $50,000.00 for bodily injury or death to more than one person and such certificate of insurance shall be filed with the city clerk. Also, prior to the issuance of the receipt, a certificate of approval as to seaworthiness, issued by the United States Coast Guard shall be filed with the city clerk. Boiler shop . . . 118.00 Bonding company, bail only . . . 393.75 Book bindery . . . 65.50 Book and magazine canvasser, to be fingerprinted (see solicitor) . . . 158.00 Books, makers of, for advertising, for directories, etc. . . . 105.00 Bootblack stands (not connected with other business), each . . . 26.25 Bottled water or seltzer water (distributed by out-of-town concerns) . . . 65.50 Bottled works . . . 131.25 Brokers (dealers selling stocks, bonds, mutual funds, mortgages, futures, options, etc., with category also including mortgage brokers or those in the business of negotiating loans) . . . 301.75 Building and loan associations . . . 498.75 5 ORDINANCE #2008-018 Capital to $100,000.00 . . . 78.75 Each additional $100,000.00 of capital . . . 52.50 Bulldozing and land clearing . . . 131.25 Burglar alarm company . . . 91.75 Bus station (interstate only) . . . 91.75 Business opportunities (also, see real estate broker): Broker(not real estate broker) . . . 131.25 Salesman . . . 39.25 Canning plant . . . 262.50 Canteen wagon or cafe, lunch wagon, or snack wagon, each vehicle . . . 262.50 Note: Each vehicle must be inspected and approved by local health authority and fire chief. Cross references: Permit and markings for vehicles transporting food, §§ 13-110, 13-111. Car shipping agency (surety bond of$5,000.00 is required) . . . 131.25 Carnivals, circuses, vaudeville shows, minstrels, theatrical performances and other shows under canvas: For each week or fractional part of a week . . . 820.25 Concessions, per day . . . 26.25 Carpet and rug cleaners (not connected with laundries), each establishment . . . 105.00 Catering(not in connection with other business) . . . 105.00 In connection with other business . . . 52.50 Check cashing/tag agency . . . 236.25 Christmas trees, sales . . . 65.50 Note: The city manager may require a reasonable bond to guarantee cleaning up of premises at conclusion of sale period. Circus parade . . . 656.25 Citrus fruits and vegetables, retail . . . 78.75 Cleaning, pressing and dyeing of clothes: For each business establishment in city . . . 158.00 For each out-of-town concern having agents or solicitors in city . . . 91.75 Clothing, dealers in secondhand, each location . . . 105.00 6 ORDINANCE#2008-018 Coffee dealers . . . 39.25 Collection and claim agencies (other than lawyers) . . . 236.25 Commissary . . . 262.50 Communication towers . . . 1,050.00 Consultants or business advisors . . . 236.25 Contractors . . . 315.00 Note: Where the particular contractor classification requires a certification of competency, the building official shall be furnished with evidence that the certificate of competency has been issued to the applicant for the receipt. In addition, if any other law or ordinance requires that the applicant carry any type of insurance, the building official shall be furnished with a certificate of insurance before a receipt is issued to an applicant. Convalescent homes, including sanitarium and any clinic or other establishment having facilities to keep patients overnight or for longer periods . . . 262.50 Cottages, rental, where 2 or more, each unit . . . 15.75 Credit bureaus . . . 105.00 Dairies, milk distributors, jobbers or creameries, delivering milk not produced by them . . . 65.50 Dance hall, for profit . . . 525.00 Dances(temporary), each night (to be approved by city manager) . . . 105.00 Delivery service, by automobile or motorcycle, each vehicle . . . 52.50 Note: The applicant for a delivery service receipt must be bonded. Detective agency . . . 236.25 Note: The applicant for a detective agency receipt must be approved by city manager. Diaper service . . . 78.75 Directories, city, county or state,making or offering for sale . . . 105.00 Electric light and power companies . . . 1,050.00 Electroplating, such as coppersmith, etc. . . . 78.75 7 ORDINANCE #2008-018 Employment agencies, each agency . . . 196.75 Engravers or lithographers . . . 65.50 Exhibits, freak or other curiosities, per week . . . 131.25 Ferris wheel or amusement devices (with permission of city commission being required), per week . . . 210.00 Fertilizer manufacturing or mixing plant . . . 91.75 Financing companies or small loan companies . . . 262.50 Firearms and ammunition sales (with approval to be first given by city manager) . . . 367.50 Fish peddler, each vehicle . . . 262.50 Fishing pier . . . 210.00 Florist (fresh flowers only) . . . 157.50 Fruits and vegetables, to be sold from trucks or moving vehicles (subject to inspection by health inspector and fingerprinting by the proper law enforcement agency), each truck or vehicle . . . 105.00 Funeral homes, undertakers, embalmers, funeral directors . . . 183.75 Furniture refinishing . . . 78.75 Garbage and trash collection . . . 301.75 Gardeners . . . 78.75 Gas companies: Distributing and selling through pipe lines . . . 761.25 Selling bottled gas . . . 131.25 Cross references: Utility service tax, § 23-11. Gasoline and oil distributors: Wholesale gas lines . . . 498.75 Wholesale oil . . . 105.00 Gasoline service stations: 3 pumps or less . . . 157.50 Each additional pump beyond 3 pumps . . . 52.50 Note: 8 ORDINANCE#2008-018 (a) The operator of a gasoline service station rendering services such as repairing, or having vending machines, etc., shall be required to purchase additional licenses, where proper. (b) If proper licenses are purchased, the operator of a gasoline service station may sell candy, milk, ice cream, soft drinks, cigarettes, and incident or miscellaneous automotive accessories. Otherwise, the operator of a gasoline station may not sell beer, or any other type of alcoholic beverage or groceries. Got(course: Ordinary golf course . . . 196.75 Miniature course(containing under 5 acres) . . . 183.75 Driving range . . . 157.50 Guaranty surety title company . . . 183.75 Gasoline service stations: 3 pumps or less . . . 157.50 Each additional pump beyond 3 pumps . . . 52.50 Note: (a) The operator of a gasoline service station rendering services such as repairing, or having vending machines, etc., shall be required to purchase additional receipts, where proper. (b) If proper receipts are purchased, the operator of a gasoline service station may sell candy, milk, ice cream, soft drinks, cigarettes, and incident or miscellaneous automotive accessories. Otherwise, the operator of a gasoline station may not sell beer, or any other type of alcoholic beverage or groceries. Home opening and closing service . . . 65.50 Hospital, private . . . 315.00 Hospital, animal . . . 183.75 Hotels, apartments and rooming houses: 2 rooms or more, per room . . . 7.75 2 apartments or more, per apartment . . . 10.50 Hypnotists, teaching and salesmanship: 25 pupils or less . . . 65.50 More than 25 pupils . . . 131.25 Ice cream parlor . . . 196.75 Ice cream vendors, sales at retail from moving vehicle, each vehicle . . . 131.25 Cross references: Permits, marking of vehicles transporting food, §§ 13-110, 13-111. Ice manufacturing or storage . . . 131.25 9 ORDINANCE#2008-018 Immigrant agents, including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or immigrants . . . 820.25 Import/export . . . 157.50 Income tax service . . . 105.00 Insurance: Each company (in the event there shall be more than one local agent representing an insurance company in the selling of any type or kind of insurance for such company, then an additional sum of$35.00 shall be paid on account of each such separate agency so selling) . . . 183.75 Each agent . . . 78.75 Each solicitor . . . 52.50 Each adjuster . . . 78.75 Cross references: Insurance premiums tax, § 23-31 et seq. Interior decorators . . . 236.25 Itinerant grinders of knives, scissors . . . 26.25 Janitorial services . . . 236.25 Jewelry, dealers who buy and sell old gold, silver and other precious metals, or offer to buy and sell, where no other receipts are paid . . . 420.00 Note: Each receipt holder shall maintain permanent records of all purchases and sales, including dates, description of property purchased and sold and names and addresses of persons purchasing or buying. Junk yards . . . 367.50 Note: As to all junk yards licensed by city, the following regulations shall apply: (a) No automobile or vehicle not in running condition nor machinery other than junk or scrap shall be located either for storage or dismantling within 300 feet of any residential district or within 50 feet of the front street line or within 30 feet of any side street line of the property being used forjunk purposes. (b) The entire area operated by a junk yard shall be surrounded by a substantial and continuous masonry, wooden or metal fence or wall, 6 feet in height without openings except for entrance or exit, which openings shall be equipped with unpierced gates. Laundries: Employing 4 to 10 people, inclusive . . . 183.75 Employing over 10 people . . . 420.00 Local agency, permanent offices . . . 157.50 Agents for out-of-town laundries . . . 210.00 Automatic coin laundries . . . 236.25 Lumber merchants . . . 196.75 Lunch stands, exclusive of drive-in restaurants . . . 78.75 10 ORDINANCE#2008-018 Mail order establishment (business and no stock) . . . 131.25 Manufacturing(factories): Employing one to 5 people, inclusive . . . 131.25 Employing 6 to 10 people, inclusive . . . 170.50 Employing 10 to 25 people, inclusive . . . 275.50 Employing over 25 people . . . 351.75 Markets, meat, poultry, seafoods and retailer (see merchant classification) . . . 144.25 Mattress renovating . . . 65.50 Merchant police patrol and watchman (each receipt holder to be fingerprinted and approved by city manager), per person . . . 105.00 Merchants, retail: Value of inventory not over$500.00 . . . 105.00 Value of inventory over $500.00 and not over$1,000.00 . . . 105.00 For each $1,000.00 additional value of inventory or fraction thereof. . . 105.00 Note: There is established a maximum fee of$1,000.00 on inventory of retail merchants which amounts to $31,000.00 or more. Merchants, wholesale, delivering from vehicle and not paying regular wholesale receipt, each vehicle . . . 367.50 Merchants (commission) . . . 196.75 Messenger service (exclusive of telegram service) . . . 52.50 Mini theater . . . 1,890.00 Motion picture theater, each . . . 367.50 Lunch stand or refreshment stand operating in connection with motion picture theater . . . 131.25 Cross references: Regulations of theaters, Ch. 24. Motocross . . . 262.50 Motorcycles or motor scooters, dealers or agents (for sale of accessories see merchants) . . . 210.00 News bureau and newspaper agency . . . 262.50 Newspapers: Weekly or monthly . . . 52.50 Daily . . . 78.75 11 ORDINANCE#2008-018 Nursery (day nursery for children) . . . 52.50 Packing houses . . . 196.75 Parking lots (renting spaces for the parking of motor vehicles): One to 25 cars inclusive . . . 196.75 Over 25 cars . . . 393.75 Pawnbrokers . . . 1,050.00 Peddlers, such as hawkers or vendors of medicine, drugs or patented medicine (see solicitor) . . . 262.50 Pet shop, selling such pets as birds, fish and pets . . . 196.75 Photographers . . . 196.75 Picture agents . . . 236.25 Printing (offset, book and magazines, screen, etc.) . . . 157.50 Process servers . . . 131.25 Professional categories (fee is assessed against each person engaged in the business and not against the firm, partnership or corporation. Therefore, each individual must acquire a separate receipt rather than one receipt being acquired by a firm, partnership or classification): Accountants, including income tax service . . . 236.25 Analytical chemists . . . 236.25 Architects . . . 236.25 Artists . . . 236.25 Attorneys at law . . . 236.25 Auditors . . . 236.25 Blood pressure taker . . . 236.25 Chiropodists . . . 236.25 Chiropractors . . . 236.25 Civil engineers and surveyors . . . 236.25 Dentists . . . 236.25 Detectives . . . 236.25 Doctors . . . 236.25 Draftsman . . . 236.25 Electrical engineers . . . 236.25 Electrolysis . . . 236.25 Engravers (photo) . . . 236.25 Laboratory technicians . . . 236.25 Landscape architect . . . 236.25 Mechanical engineers . . . 236.25 Naturopath . . . 236.25 12 ORDINANCE#2008-018 Osteopaths . . . 236.25 Podiatrists . . . 236.25 Psychiatrists . . . 236.25 Surgeons . . . 236.25 Tree surgeons . . . 236.25 Veterinarians . . . 236.25 Note: If any profession is not specifically named, the fee shall be $236.25. Further, the word "profession" shall be deemed to include any person whose business is that of primarily rendering a specific type of service where such service has not been specifically described (by category or otherwise) in any other parts of this ordinance. Promoters, entertainment . . . 367.50 Public stenographer . . . 105.00 Railroad . . . 492.00 Real estate: Broker . . . 236.25 Each man . . . 52.50 Rental service (if no other business) . . . 157.50 If in conjunction with other business and involving rental of such items, furniture, tools, radios, televisions, artificial flowers, bicycles, utility trailers, etc. . . . 105.00 Repair shops: Battery or radiator . . . 131.25 Boiler and steam engine . . . 91.75 Jewelry and watch repair . . . 105.00 Key, lock, knife and lawnmower. . . 131.25 Motorcycle and bicycle . . . 131.25 Radio, phonograph, electrical appliance and television . . . 91.75 Shoe repair . . . 131.25 Typewriter, Dictaphone, adding machine and office machine . . . 91.75 Vulcanizing, retreading . . . 91.75 Other types of repair shops . . . 105.00 Rental of cars: Agency. . . 367.50 Each vehicle . . . 26.25 Rental of equipment(heavy) . . . 157.50 Rental of uniforms: Out-of-town concern . . . 236.25 Local concern . . . 170.50 13 ORDINANCE#2008-018 Rental property/management . . . 236.25 Rental unit,per unit . . . 31.50 Note: Excludes apartments, but includes single-family homes and two-family homes (duplexes), if any portion of the duplex is occupied by a tenant. Restaurants: Seating one to 15 persons . . . 105.00 Seating 16 to 50 persons . . . 157.50 Seating over 50 persons . . . 315.00 Drive-in . . . 131.75 Rock pit and quarry . . . 157.50 Sale office (desk space only with no stock maintained) . . . 105.00 Sales and service (Electronics, equipment) . . . 236.25 Schools: Automobile driving . . . 78.75 Business college . . . 131.25 Dancing . . . 78.75 Music . . . 78.75 Private educational schools: Less than 25 students . . . 65.50 25 or more students . . . 131.25 Tutoring . . . 39.25 Scrap metal . . . 367.50 Secondhand dealers in goods, wares and merchandise . . . 157.50 Note: All secondhand dealers shall keep a permanent record of all purchases and sales, including daily description of property purchased or sold and names and addresses of persons purchasing or buying from them. Solicitors to be fingerprinted . . . 262.50 Cross references: Secondhand wares subject to inspection and records required, § 21-5. Security patrol, each man (to be approved by city manager) . . . 78.75 Shipping ports (see Special Ordinance No. 508) . . . 367.50 Steamship and stevedore agencies . . . 262.50 Storage, all kinds, including trailers, boats and automobiles: For first 5,000 square feet . . . 262.50 Each additional 1,000 square feet . . . 26.25 14 ORDINANCE#2008-018 Taxi business (see special ordinance providing basic charge for business and additional charge for each taxicab): For owner . . . 131.25 Per cab . . . 26.25 Telemarketing . . . 525.00 Telephone answering service . . . 131.25 Telephone Company . . . 787.50 Towel supply: Local . . . 157.50 Itinerant . . . 91.75 Trailer park: One to 10 units, inclusive . . . 236.25 Each additional unit . . . 19.50 Rental or utility trailers . . . 210.00 Sale of trailers (either new or used) . . . 262.50 Trucking firms . . . 196.75 Trucks, doing freight transportation or transfer business for profit . . . 196.75 Unclassified occupations, every person, firm or association which maintains a permanent business location or branch office within the city for the purpose of engaging in or managing any business, profession or occupation not herein specifically designated . . . 131.25 Upholsterer . . . 105.00 Welding/cutting(see manufacturing). 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. 15 ORDINANCE#2008-018 Section 4. That this ordinance shall take effect immediately at the time of passage and adoption. PASSED AND ADOPTED on first reading on , 2008. 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 16 ORDINANCE#2008-018 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Corrine Lajoie, Acting Community Development Director Nick Lupo, Code Compliance Manager FROM: Thomas J. Ansbro, City Attorney DATE: June 3, 2008 RE: Parking of Boats, RV's and Trailers in Front Yard Area Attached is a proposed amendment to the City Code of Ordinances to address the multiple parking of boats, RV's, trailers and the like in front yard areas in residential areas. The amendment will request such parking to no more than one such vehicle or boat or trailer in such areas. Other housekeeping revisions are also including in the amendment. This is ready for adoption on second reading by the City Commission. Attachment TJA:sls ORDINANCE NO. 2008-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE PARKING OR STORAGE IN RESIDENTIAL DISTRICTS OF UTILITY TRUCKS, RECREATIONAL VEHICLES, MOBILE LIVING UNITS, OTHER SIMILAR VEHICLES AND BOATS, TO LIMIT SUCH PARKING OR STORAGE TO ONE SUCH VEHICLE OR VESSEL IN THE FRONT YARD AREA PER RESIDENTIAL PARCEL RATHER THAN PER DWELLING UNIT; AMENDING THE CITY CODE OF ORDINANCES, SECTIONS 25-125 AND 16.2; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 25-125 of City Code of Ordinances is amended to read as follows: Sec. 25-125. Parking of recreational vehicles, mobile living units, trailers, boats and other similar vehicles in residential areas. No recreational vehicles, mobile living units, special purpose vehicles, trailers, utility trailers, similar vehicles, anEtle boats, or any of the foregoing (collectively, the "restricted items") shall be parked in any residential area or district except as specified by the terms of this section: (a) All re eatienal vehi ,'e, beats and utility trailers restricted items shall be parked or stored in the side yard or rear yard where accessible by alley, public or private road, or other legally permissible means. (b) In the event the side or rear yard is inaccessible by alley or public or private road, or other legally permissible means, then saidsuch recreational vehiele, beat or tility tfai4e-restricted items may be parked or stored on the driveway, not less than five (5) feet from the front property line, perpendicular to the existing structure, except where parked on a paved circular driveway. No more than one restricted item as permitted by this Section can be parked in the front area of any building or structure or between the adjacent roadway and front building setback line on any residential parcel. In no event shall any ree eaticnal :ehiele, beat or utility tr restricted item be permitted to be parked in the public road right-of-way. (c) No feereatienal vehi.', be4 E)y utility t :'e restricted item exceeding thirteen and six- tenths (13.6) feet in height shall be permitted to be parked or stored in any residential area or district, except in a wholly enclosed garage. (f) No more than one trailer of any kind u44ty4fa4ef and one recreational vehicle or mobile living unit and one boat shall be parked or stored on a residential au rcel, unless such others are kept within a completely enclosed roofed and walled permanent structure and in compliance with all restrictions of this Section and the City Code of Ordinances. Section 2. That Section 16-2 of the City Code of Ordinances is amended to read as follows: Sec. 16-2. Conditions for parking at residence. (a) Subject to the limitation set forth in Section 25-125 (fl of the City Code of Ordinances, a A person who is a bona fide resident of the city may park not more than one permitted mobile living unit off the street at his place of residence in the city on condition that no persons be allowed to live in, occupy or otherwise use such mobile living unit for living or cooking purposes while same is parked as aforesaid. A "permitted mobile living unit" shall be one where the engine, driving mechanism and transmission forms an integral part of the living unit so that the mobile living unit is capable of moving and propelling itself, or alternatively, in the cases where the mobile living unit is towed by independent means, a "permitted mobile living unit" shall be one where the body or frame is not greater than twenty-four (24) feet in length. However, as to all permitted mobile living units which are allowed to be parked under the provisions of this section, the owner shall make certain that the underside, and adjacent sides, of the parked unit shall be kept mowed, trimmed and free of weeds, trash and debris. Section 3. 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. 2 ORDINANCE#2008-015 Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on June 10,2008. 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 3 ORDINANCE#2008-015 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Corrine Lajoie, Acting Community Development Director Mike Cassano, Deputy Fire Chief Sean Brown, Fire Marshal FROM: Thomas J. Ansbro, City Attorney DATE: June 3, 2008 RE: Proposed Side Yard Setback Ordinance Amendment to TOD/TOC District Regulations Please recall that several weeks ago, Scott Bakos and Alan Ojeida, in connection with the redevelopment of the Sans Souci property as a hotel project on East Dania Beach Blvd., appeared before the City Commission and requested that the new CRA district regulations for the TOD and TOC Districts be amended. The request was precipitated by the developer' s review of the existing side yard set back regulations, which as written, would substantially affect the development of the structure's upper stories, which are to be "s tepped-back" ("building recess") at the upper levels. The proposed amendment accommodates the development and will allow property owners in the districts to calculate side yards to include areas adjacent to side yards which are open areas and which will allow for a twenty-foot (20') side area corridor, sufficient to allow firefighting apparatus to have clear access to the property (e.g., by use of an adjacent alley or roadway). This is ready for adoption on second reading (Ordinance). Attachment TJA:sls ORDINANCE NO. 2008-016 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY F C O DANIA BEACH FLORIDA BY AMENDING SECTION 21.14 ENTITLED "21.14. TOD BUILDING ENVELOPE", SECTION 21.16 ENTITLED "21.16. TOC-1 BUILDING ENVELOPE", AND SECTION 21.17 ENTITLED "21.17 SOUTH FEDERAL HIGHWAY TRANSIT ORIENTED CORRIDOR (TOC-2) DISTRICT TO ENSURE SUFFICIENT SIDE YARD ACCESS IS PROVIDED FOR FIRE FIGHTING EQUIPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 21 "Downtown Transit Oriented Development (TOD) and Transit Oriented Corridor (TOC) Districts" of Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida provides transit oriented zoning regulations for the redevelopment of the City's Downtown; and WHEREAS, the City Commission desires to modify setback and building recess requirements to ensure sufficient access to buildings for fire fighting purpose is provided, while retaining a transit-oriented form of development; and WHEREAS, the City Planning and Zoning Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 21.14 of Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida, is amended to add paragraph(c) to read as follows: 21.14. TOD Building Envelope. (c) Side yard setbacks in all cases shall be sufficient to allow access to the building at grade level for fire fighting equipment. This shall require a 20 foot side setback, unless the Fire Marshal shall approve a lesser setback where adjacent property, either public or private, is available to provide the necessary 20 foot access. In this case, the upper level side building recess requirements of this section shall be adjusted to provide the same minimum building recess, as measured from the property line, as would have been achieved by applying the applicable standards in paragraph (b). Section 2. That Section 21.16 of Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida, is amended to add paragraph (c) to read as follows: 21.16. TOC-1 Building Envelope. (c) Side yard setbacks in all cases shall be sufficient to allow access to the building at grade level for fire fighting equipment. This shall require a 20 foot side setback, unless the Fire Marshal shall approve a lesser setback where adjacent property, either public or private, is available, to provide the necessary 20 foot access. In this case, the upper level side building recess requirements of this section shall be adjusted to provide the same minimum building recess, as measured from the property line, as would have been achieved by applying the applicable standards in paragraph (b). Section 3. That Section 21.17(f) of Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida, is amended to add subparagraph (3) to read as follows: 21.17. South Federal Highway Transit Oriented Corridor (TOC-2) District. • (f) Building Envelope. (3) Side yard setbacks in all cases shall be sufficient to allow access to the building at grade level for fire fighting equipment. This shall require a 20 foot side setback, unless the Fire Marshal shall approve a lesser setback where adjacent property, either public or private, is available to provide the necessary 20 foot access. In this case, the upper level side building recess requirements of this section shall be adjusted to provide the same minimum building recess, as 2 ORDINANCE#2008-016 measured from the property line, as would have been achieved by applying the applicable standards in subparagraph (2). Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 6. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on June 10,2008. 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 3 ORDINANCE#2008-016 Law Offices Ofj/� / RICHARD J. STONE, P.A. X1'F01ZNR1Y AT I,AW TWO DA ILAN CISNCF.R 9130 S. DADELAND BLVD.—PI(NTHOUSI; 1-C MIAUI, FLORIDA 33156 RICHARD J.STONE TELEPHONE(305)670-2000 TELEFAX (305)670-1353 Also admitted in: New York and E-MAIL District of Columbia RICH(a..RJSTONELAW.COM June 6, 2008 TRANSMITTED BY EMAIL and MAIL FAX NO.: 954-921-2604 Ivan Pato City Manager City of Dania Beach 100 West dania Beach Boulevard Dania Beach, Fl. 33004 RE: City of Dania Beach Lease Agreement with Allegria Entertainment, Inc. d/b/a Beachwatch Dear Mr. Pato: As you know from our previous meetings I am counsel for Beachwatch. First I would like to take this opportunity on behalf of my clients and myself to thank you and your staff, particularly Colin Donnelly, Assistant City Manager and Tom Ansbro, City Attorney for all your cooperation and understanding with us over the last year. Recently we all meet with Colin and Tom to review certain matters effecting the property and operational issues to ensure everything would continue running as best as possible. I believe everyone came away from the meeting with a very good feeling that progress had been made to resolve several problems and clearly everyone's cooperation and understanding was appreciated. Two significant issues were discussed that require your input, consideration and ultimately the approval of the Commission. However before elaborating on them I would like to review and bring to your attention certain key facts I believe will serve to better frame the issues for everyone. As you are well aware, the remodeling of the pier is completely finished and my clients continuously maintain and clean all kinds of equipment including cutting boards, lights and the live bait water pump system. My clients service for the Pier is 24/7 and salary based. According to our research and confirmed by Kristen, the Pier Admission Fee has remained the same since 1985. In contrast, the minimum wage since then increased from $ 4.50 to $ 7 per hour. To find relatively reliable employees the pay is $ 9, double what it was in the past. The operation of the Ivan Pato City Manager City of Dania Beach Page 2 pier from January 2007, has been smooth, reliable and efficient for all. Based on inflation $ 1 then is today worth $1.97, double again. The Pier Fee is still the same as it was `85. The total hours to provide efficient service demanded at the pier are roughly 12,000 per year. The total Pier Admission fee for 2005, was $ 105,000, against which the City's collected an admission fee for 2005, of$55,000. Based upon my clients efforts the Pier Admission Fee for 2007, increased and totaled $170,000 and the City's portion of our collected Admission Fee for 2007 was $ 85,000. In 2005, the salary for Pier employees ended up being $ 50,000; in 2007, salaries totaled $ 108,000. With social security, taxes and overhead expenses our total costs were about $ 152,600. Therefore based upon the revenues of the Pier Admission fee being $ 170,000, when shared 50150 between the city and operator, the portion for the operator of$ 85,000 does not fully cover the operation costs. The deficit is $ 67,000, leaving insufficient monies to pay for power, water and other fixed costs. As stated,my clients certainly appreciate all of the cooperation you, your staff and the City have given them all in the spirit of making our partnership grow and be beneficial to all. However we all should remember that when the negotiations took place while everyone acted in good faith with one another, nobody knew then exactly how things would turn out. Therefore we hope that you will consider our requests herein to be fair and reasonable under the present circumstances. Accordingly we would like the Commission to consider authorizing a change in the sharing of the pier revenues to 1/3 for the City and 2/3 for the operator. To compensate this, the pier admission fee, which has not been increased in nearly 30 years, could be raised as the pier and restaurant now are finished and well operating which is a much greater offer for the public as the temporary situation with no restaurant. Ultimately based upon our rough calculations set forth herein the change would offer to the city 10 % more as last year but would cover the operating costs for my clients. You may take note of the fact that the lease between us states that"the admission fee to the Pier may be increased or decreased by the landlord from time to time ..." As indicated at the present time since these fees are not generating enough income to cover expenses and our maintenance obligations and as nearly everything in life has increased over this time period, we believe a small increase of the fees to $5.00 for fishing and either$2.00 or$3.00 for spectators/walk-on is warranted. For your information when we checked with other piers being operated we found that North Lauderdale by the Sea is the nearest one and charges $ 7 to fish and $ 2 for spectators and is privately owned. It is wooden old structure and has a small breakfast place. Parking is extra and up to a mile away. Juno or Jupiter which is a far drive charges $ 4 to fish and$1 to spectators, the operator only pays 3,500 a month in rent versus the average of $7,000 that the City of Dania receives. There is no restaurant, no restroom available at the pier and you need to cross the street for parking. It is owned by the County. We don't think that there is any comparison to our pier, neither in the built out nor in the revenues and costs generated. Under these circumstances these modest increases seem justified and will be a benefit to all of us. Ivan Pato City Manager City of Dania Beach Page 3 An increase of the admission fee to $ 5 for fishing and $ 3 or$2 for walk out would not result in the count of fishermen significantly decreasing but the revenue would increase. The increase of the walk out fee will help to keep the pier management smoother. My clients asked the fishing patrons and they mostly agree. Meaning the pier still is mainly a fishing pier open for public sightseeing too, of course. Nevertheless it is a fee valid for up to 24 hours. The math is as follows: $ 170,000 Admission Fee was made in 2007, 50/50 $ 85,000 for City and $ 85,000 for operator. $ 170,000: $ 3 = 56,000 patrons. 56,000 patrons pay instead of $3 the new fee of$ 5 = $ 280,000. Disbursed for City 1/3 = 93,000 for the operator $ 197,000. $93,000 would be 10 % more for the City and is still more than double of the rent other piers pay. $ 197,000 would take care of our social security and taxes and reliable staff 24/7 as calculated above. Setting the revenue on 1/3 for the city and 2/3 for the operator would still amount to a greater profit as the City would collect $ 93,000 and the operator would net, after payment of employment or expenses or maintenance costs, $ 45,000. Both sides of course still have to pay for maintenance on one side and fix costs on the other side themselves. As you have observed for yourself, my clients run a reliable and loyal management as we report misuse and behavior on the entire North Part of the beach 24/7 when nobody else is in place. I would also like to point out that the city revenue for the parking is increased from $220,000 before construction to $ 390,000 in 2007 after construction even after restriction of the 100 parking spaces for the restaurant. My clients claim their concept was the major drive in this change of mind regarding the parking rules at the beach, where before many locals did not pay but tourists. Nevertheless the restaurant was visited by approx. 60,000 customers and the pier around 56,000 for a total of 116,000 people, not to mention all the many spectators who came to check on the new restaurant. These people of course did not use only the restaurant parking spaces and many paid the city meters. The second issue concerns the County Taxes. As you know, my client recently paid the taxes which were in excess of$25,000.00 and I am sure you appreciate this is a substantial amount for any taxpayer to have to pay. We discussed with Colin and Tom the fact that when the lease was originally being negotiated there was some confusion and misunderstanding over who actually would be responsible for paying the taxes and while some estimates were given about their amount, none were ever as high as the actual amount now assessed by the County. Every business in its first year has growing pains to establish itself and certainly this was a challenging first year of operation for my clients and everyone. Therefore, I know you appreciate the fact that paying this substantial tax bill certainly has had its effect upon my clients. Ivan Pato City Manager City of Dania Beach Page 4 In our meeting I informed Colin and Tom that I had a meeting with Mr. John McKean who is the supervisor of the tangible personal property tax division for the County in an effort to see if the tax bill could be lowered in future years. Upon our review of their records used to estimate the tax, Mr. McKean showed me that the allocated costs used were all based on the new construction values they had received and therefore, while he did not say we couldn't try for a reduction it appears highly unlikely any such challenge would succeed. Therefore we informed Colin and Tom that we would like to apply to the Commission for a modification of the lease to give us some assistance from the taxes. According to our understanding thus far my clients have made payments since the first day roughly totaling $ 275,000, when you take into account the direct rent payments on the lease, parking revenue, property taxes and the Pier Admission Fees collected. In addition, my clients also paid for work on the premises $ 14,000 and roughly$ 75,000 in build out costs that we believe were mostly the landlord's responsibility. This makes up a total benefit to the City of $364,000. Leaving aside all the other intangibles and increased good will to the City since our operation of the restaurant, all of this has contributed to a major increase of your beach revenues. This is best illustrated by the following: in the year before the construction the parking revenue was roughly$ 214,000, this revenue for 2007 with the operating restaurant was $ 390,000 although the 100 parking spaces were restricted for restaurant only - meaning the revenues doubled on lesser spaces. The same is true with the admission fee, which was before the construction roughly $55,000 and now by our management in 2007, increased to $ 86,000. The restaurant paid already before opening and up to date $ 144,160 and property tax $ 26,000 to a total of 170,160. My clients believe their business was unquestionably the major influence into this awesome change and increase of City's Beach revenues to a total in 2007, of roughly $ 560,000 from $ 290,000 before. My clients have worked hard, suffered much, were attacked, insulted, threatened and had to operate their business while constantly dealing with many parking issues, the false fire alarms and the air condition shortness all of which adversely impacted their business. The original plan called for two stories and my clients based their proposal and profit projection accordingly. Therefore to assist them in these trying times of a down economy, we would like to ask the Commission to authorize a modification of the lease to change the base rent into $ 6,000 per month and the percentage sum to 6 % after 1.2 million in revenues and that this same discount should be applied to afford them a credit for the months already paid. Ivan Pato City Manager City of Dania Beach Page 5 We therefore respectfully request if it is convenient for you as City Manager to agenda these matters for City Commission discussion at your upcoming June 24, 2008 meeting and prior to that time my clients and I would be more than happy to discuss these issues with you and answer any questions you may have. In advance I want to thank you for your cooperation and I look forward to your reply. Very truly yours, RICV R ]. STONE RICHARD J. STONE, ESQ. Cc . Colin Donnelly, Assistant City Manager Tom Ansbro, City Attorney AM 9,� FLORIDA To: Mayor Jones, Vice Mayor Castro, and Commissioners From: Colin Donnelly, Assistant City Manager Subject: Enterprise Zone Expansion ofiO4 Date: June 18, 2008 The Enterprise Zone Advisory Committee met for the first time in May. The topic of expanding the zone was raised. There was consensus on offering the available to area to existing zones first, then if there is any surplus, making it available to those cities request to join in. During the discussion, a planner from Miami-Dade Enterprise Zone told of her experience in adjusting boundaries for her client. Miami-Dade was able to carve out pockets of land that would most likely never be developed such as waterway, public parks and cemeteries. The Advisory Committee agreed that each community would submit their ideas for expansion as well as look at areas that may be excluded. For discussion purposes you will find attached a map of Area 1, which notes exclusion pockets. Area 2 map shows a suggested area of expansion. I look forward to discussing this issue with you. "Broward's First City" 100 Wm Dania Beach Boulevard, Dania Beach, Wrida 33004 Phone: (954) 924-3600 ev\vw.daniabcachfl.goN