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HomeMy WebLinkAboutNULL (586) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 26, 2010 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Castro called the meeting to order at 7:00 p.m. Present: Mayor: Anne Castro Vice-Mayor: C.K. "Mac"McElyea Commissioners: Bob Anton Walter Duke City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Mayor Castro gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals There were no presentations on this agenda. 4. Proclamations There were no proclamations on this agenda. 5. Citizen Comments Bobbie H. Grace, 110 NW 8a'Avenue, questioned how the City was handling the funds for Haiti. She noted that the Relay for Life second Kickoff would be Saturday, February 13, 2010 at P.J. Meli Recreational Complex. Ms. Grace advised that the Relay for Life event will be May 7-8, 2010 at Frost Park. She encouraged people to form teams and join the Relay for Life. Michael Murphy, 249 SW 14`s Street, noted he supports the petition to close the alleyway on 13a' Street, which would be good for the neighborhood in trying to fight crime in the area. Teddy Bohanan, 312 SW 15`h Street, supported the petition to close the alleyway. She further thanked BSO Police Chief Peterson and his staff for working so hard to eradicate crime in our City. Amy McGrotty, 524 SW 10t' Avenue, Ft. Lauderdale, noted she owns property adjacent to the referenced alleyway. She said that she supports the closure of the alley if it solves the problem, but she does not think it will. The alley is the only ingress and egress for her tenants. She said it would be a prejudicial effect on them because they would have to change the fencing and parking. Ms. McGrotty asked the Commission to seriously consider the request before making a decision. Patrick Phipps, 246 SW 5 h Street, noted there are over 25 signatures on the petition to close the alleyway known as the "Corridor of Crime", which he distributed to the Commission. He read a detailed report of the reasoning behind their petition and asked the Commission to favorably consider their request. 6. Public Safety Reports Donn Peterson, BSO Police Chief, noted that the message board has been deployed for the upcoming weekend events in the City. He informed the Commission of some recent promotions in the department. Commissioner Duke requested an opinion on closing the alleyway. Chief Peterson responded there are often consequences to theses types of situations. He noted that closure will not solve all of the problems; it will not give us the opportunity to pull out of the neighborhood; we will still have to stay there. Chief Peterson advised that from a public safety standpoint, he does not see it adversely impacting the neighborhood. Michael Cassano, Deputy Fire Chief, noted the Comprehensive Emergency Management Plan (CEMP) will now include a continuity of operations component. There is also some National Incident Management System (NIMS) training that will be required by Department Heads that will staff the Emergency Operations Center (EOC). Deputy Chief Cassano noted the recent flooding problem brought to light other issues that had not been addressed in the CEMP. He noted he would be leaving at the end of this week to make the final arrangements for the new fire truck that was recently purchased, which should be in service in late February. Mayor Castro noted there have been rumors in the community that the City was not giving the Fire Department the equipment they need. She asked if there was any equipment that the Commission refused to purchase for the Fire Department. Deputy Chief Cassano responded it has never happened. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. Mayor Castro spoke about the comments made by a campaign regarding the safety of the residents and the Fire Department. She noted that if the comments are not factually correct, she will correct the record to reflect the truth. Vice-Mayor McElyea does not oppose the alleyway closure; he owns property in the area. Commissioner Duke noted he heard some of the issues about the Fire Department. He indicated we are in a catch-up mode on some of our equipment. Hopefully, the Commission can get them caught up and make everything safe. Mayor Castro noted she has been active with unions for many years. She believes in the Unions right to participate in elections; however, it must be done correctly. Commissioner Anton concurred with the comments of the Commissioners. He noted he understands the unions' activities; however, he has a problem with innuendoes particularly when they deal with people and their integrity. 7. Consent Agenda Items added to Consent Agenda: #7.3 7.1 Minutes: None 7.2 Travel Requests: None Addendum 7.3 RESOLUTION #2010-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE ALL DOCUMENTS REQUIRED BY THE FLORIDA POWER & LIGHT COMPANY IN CONNECTION WITH THE RELOCATION OF UTILITIES AND FURNISHING OF UTILITIES RELATED TO THE NEW SOUTHWEST COMMUNITY CENTER AND PUBLIC SERVICES DEPARTMENT BUILDING;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt the Consent Agenda, with the addition of Item #7.3; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 8. Bids and Requests for Proposals There were no proposals on this agenda. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2010-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING CHAPTER 13, ARTICLE VII OF THE CITY CODE OF ORDINANCES, TO BE ENTITLED "ABANDONED REAL AND PERSONAL PROPERTY"; PROVIDING FOR THE IDENTIFICATION, REGULATION, LIMITATION AND REDUCTION OF ABANDONED REAL AND PERSONAL PROPERTY WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2010-001. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor McElyea motioned to adopt Ordinance #2010-001, on second reading; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 9.2 ORDINANCE #2010-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO PARKING ENFORCEMENT; AMENDING SECTION 25-72 OF THE CITY CODE OF ORDINANCES, TO AUTHORIZE CERTIFIED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS FOR NONMOVING MOTOR VEHICLE VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2010-002. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Anton motioned to adopt Ordinance #2010-002, on second reading; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 9.3 RESOLUTION#2010-011 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUESTS (VA-02-10) SUBMITTED BY THE CITY OF DANIA BEACH, REPRESENTING THE PROPERTY OWNER, MARINA FOODS, INC. FROM CHAPTER 28, "ZONING", ARTICLE 6.21, "OFF-STREET PARKING" AND THE ZONING APPENDIX, ARTICLE V, "OFF-STREET PARKING REQUIREMENTS" FOR PROPERTY Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. LOCATED AT THE SOUTHWEST CORNER OF NW 3Rn AVENUE AND NW 1IT STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-011. Corinne Lajoie, Principal City Planner, provided an overview of the property. The property will be used for temporary offsite parking for City Hall employees during construction of the Library and Parking Garage. She clarified that the proposed use is consistent with the goals and objectives of the Community Redevelopment Plan and the Comprehensive Plan. The Planning and Zoning Board recommended approval of the request. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Anton motioned to adopt Resolution #2010-011; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 10. Discussion and Possible Action 10.1 Select new date for April 13, 2010 City Commission meeting, and set date for seating of new City Commissioner on April 20, 2010 The Commission chose Wednesday, April 14, 2010 as the replacement date for the April 13, 2010 City Commission meeting due to the Special Election. They also approved Tuesday, April 20, 2010 as the date for the seating of the person elected on April 13, 2010. Addendum 10.2 Engagement of Bond Counsel for Library-Parking Garage GO Bond Issue — City Attorney City Attorney Ansbro advised that he and Finance Director Bates have been dealing with the current bond counsel regarding the General Obligation Bond and they have encountered difficulties in trying to make her understand the way the funding structure is set. He noted the proposed counsel, Ruden McClosky, does not see the same problems and remarked that time is of the essence. City Attorney Ansbro recommended approval of a resolution appointing Denise Ganz of Ruden McClosky at a flat fee of$20,000.00. Mayor Castro clarified that we are not spending more money, we are only changing bond counsel. Commissioner Duke asked for an explanation. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. City Attorney Ansbro explained that with our existing bond counsel we experienced substantial delay in getting the process moving. He further noted that she was concerned with the funding between the G.O. Bond issue and the funding from the County as somehow being a tax problem. City Attorney Ansbro stated that we did not have time to shop around for a bond counsel and followed the recommendation of Jamie Cole of Weiss Serota. Commissioner Anton noted this bond issue has been going on for a long time. He said that we could lose the $3.1M from the County if we fail to move quickly on this matter. Commissioner Anton clarified that we are not transferring any money to the General Fund, or using it for anything other than Library issues. City Attorney Ansbro read the title of Resolution#2010-014. RESOLUTION NO. 2010-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF RUDEN, MCCLOSKY, AS SPECIAL COUNSEL IN CONNECTION WITH THE $3.5 MILLION DOLLAR LIBRARY-PARKING FACILITY GENERAL OBLIGATION BOND ISSUE, PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt Resolution #2010-014; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton noted he spent the day at the County Commission meeting because the Pilot Program for the soundproofing issue was before the Commission. He indicated that the proposed Avigation Easement would have required our residents to sign away all of their rights; however, after a lengthy discussion, they voted to do away with the Avigation Easement for the soundproofing Pilot Program. Commissioner Anton encouraged everyone to look at the Pilot Program and consider having some of these things done to their homes. 11.2 Commissioner Duke Commissioner Duke commended a citizen who reported an illegal business on Federal Highway. Commissioner Duke asked Assistant City Manager Donnelly if the Folk Art and Antique Festival was a private or public event. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. Colin Donnelly, Assistant City Manager, noted that it is a private event. He further said that Clare Vickery requested City funding in the amount of$600; however, he is unaware if the City Manager has approved the request. City Attorney Ansbro noted the insurance certificate must be submitted for the event. Commissioner Duke asked who solicited for the donations and sponsorship. Mayor Castro responded she did. Commissioner Duke questioned if the City was handling the money received from sponsors; how much staff time has been devoted to the event, and if there is a plan in place for the reimbursement of staff time. Assistant City Manager Donnelly noted the donations come in the name of the City. City Manager Baldwin responded there was no provision for reimbursement of staff time. 11.2 Vice-Mayor McElyea Vice-Mayor McElyea noted the Vintage Motorcycle Show would be this weekend, and he will be giving out the trophies. 11.3 Mayor Castro Mayor Castro commented on the Folk Art and Antique Festival which will also include the Vintage Motorcycle Show. She noted we have always been a partner of the event which brings more that 3,000 people to our downtown center in a weekend. Mayor Castro mentioned some of the sponsors and added that some of the proceeds will go to "The Oasis", an organization which provides care, counseling and support to children with HIV/AIDS. She encouraged everyone to participate in this community event. Mayor Castro provided an update on Boyd Gaming. She advised that they are committed to working with the City and its residents regarding their proposed gaming venue. Mayor Castro wanted to assure the residents in the area of the Resurrection Church property that it will not be used for heavy industrial use. Commissioner Duke noted he also heard the rumors, but it may be another church. Mayor Castro advised that CRA Director Earle asked her to go to Washington DC with our federal lobbyist in February. Mayor Castro noted that the SW Community Center Ribbon Cutting ceremony will be held on Saturday, February 13, 2010 at 12:00 p.m. She asked the City Manager's office to send invitation notices to the local communities. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. Mayor Castro spoke about holding a Town Hall meeting at the Estates of Ft. Lauderdale on March 10, 2010. She noted this would not be a political meeting, but an opportunity for the residents in the west part of the City to talk about their issues and concerns. Mayor Castro commented on some events she recently attended. Mayor Castro asked City Attorney Ansbro about renaming a portion of SW I" Avenue between Dania Beach Boulevard and Stirling Road "Monroe Udell". She explained there are two provisions in the current policy that preclude the Commission to do so. Mayor Castro asked the City Attorney to rewrite the policy and bring it forward on a future agenda. Mayor Castro thanked everyone involved in the MLK event for their hard work and participation. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager Item #13.1.2 was heard before Item #13.1.1 Addendum 13.1.2 Water Supply Issue-Status Update — Robert Daniels, Director of Community Development Robert Daniels, Director of Community Development, distributed an informational memo to the Commission, which is attached to and incorporated into these minutes. Lou Aurigemma, Director of Civil Engineering, Keith and Schnars, noted they are here to help staff identify future water concerns. He advised that their final report will be available in the future,this is just an update. Mr. Aurigemma pointed out that there is a physical problem to fix a gap in the pipeline from Ft. Lauderdale which would cost approximately $2M. He further indicated that an agreement with Broward County and the City of Hollywood would need approval from South Florida Water Management District (SFWMD). Mr. Aurigemma stated that there are three options for purchasing water from the City of Hollywood. They have also met with Fred Bloetscher regarding the horizontal well, which is not a proven technology with SFWMD. Lastly, he noted they met with SFWMD to discuss the City's future water use permit as well as some of the options available to us. Mr. Aurigemma stated that Community Minutes of Regular Meeting g Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. Development Director Daniels would provide the Commission with a chronological list of events on this issue. Commissioner Duke clarified the scope of the study. Commissioner Anton questioned the status of the permit. Mr. Aurigemma noted that there has been a draft permit sent to the City of Dania Beach and South Florida Water Management District is awaiting comments from the City. If there are no comments they will sign off on the permit. Item #13.1.1 was heard after Item #13.1.2 13.1.1 Update on Escheated Properties Colin Donnelly, Assistant City Manager, noted that Broward County has not changed the deed restriction on the properties and other cities have returned the deeds to the County. He advised that we have three options: request more time; ask them for the properties when the market improves, or try to get the properties from the County without any restrictions. City Manager Baldwin noted we have three qualified bidders for the Marina RFP. He questioned if staff should rank the firms. The Commission requested a matrix of pros and cons and a presentation by all three firms. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk - Reminders Wednesday, February 3, 2010 - 6:00 p.m. CRA Board Meeting Tuesday, February 9, 2010 - 7:00 p.m. City Commission Meeting Saturday, February 13, 2010 - 9:00 a.m. City Commission Workshop Tuesday, February 23, 2010 - 7:00 p.m. City Commission Meeting 14. Adiournment Mayor Castro adjourned the meeting at 8:31 p.m. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,January 26,2010-7:00 p.m. ATTEST:, CITY ^^1O^F_D-A-NI/A`BEACH (. q c�.? U.(,J ��p0.5 F1 - " """`"l vxJtL-,) LOUISE STILSON, CMC o _ cri ANNE CASTRO CITY CLERK MAYOR-COMMISSIONER Approved: February 9, 2010 - Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,January 26,2010—7:00 p.m. FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in t p ty hose minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION IMEETING: :�A N a 20e 0 PRINT NAME: �06U 1 f_ 0 ( 6 P,-& c4, ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) Ll CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS-ITEM # (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL As TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S 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 1S REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN T'IE CITY CLERK'S OFFICE AT CITY HALL. G:\Agenda\PUBLIC SPEAKING FORM.doc FORM FOR ADDRESSING CITY" COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: f a (Ji 1200 PRINT NAME: //Z f� 6 Z 1//f P��y ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: I) CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: f'Or 2) -- PUBLIC HEARINGS —ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT's REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE 1N T'IE CITY CLERK'S OFFICE AT CITY HALL. G:\Agenda\PUBLIC SPEAKING FORM.doc FO RM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: 200 PRINT NAME: Yv�d j 5e i / g ADDRESS: ,,� Z,;2 _//�/ � ��a_ PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS — ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE. IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S 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 1S REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN TIE CITY CLERK'S OFFICE AT CITY HALL. G:\Agenda\PUBLIC SPEAKING FORM.doc 4Ek�� FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: 7% 20rf� PRINT NAME: zl /,I C6--Ro ADDRESS: ��,,A / SLd /LF)A-✓e .L7 L IRWA-e- — Or .307 [.-tI ->iX12� a it 9-0fC4 PHONE NO. (optional): �'y` PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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- The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately 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. PLEASE BRIEFLY DESCRIBE 7 SUBJECT MATTER OF YOUR COMMENT: BS o .5 e s v 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS 1S 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 1S REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN T'iE CITY CLERK'S OFFICE AT CITY HALL. G:WgendatPUBLIC SPEAKING FORM.doc FORM FOR ADDRESSING CITY COMMISSION AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: 200 PRINTNAME: CVt-. j}/Ylt ADDRESS: (a _\ e7 s ` 5 7 ors;2 PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: I) -- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS—ITEM # (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A "QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY, YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 1S 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN T9E CITY CLERK'S OFFICE AT CITY HALL. G:V+genda\PUBLIC SPEAKING FORM.doc CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 26, 2010 TO: Robert Baldwin, City Manager FROM: Robert Daniels, Director SUBJECT: Water Supply Issue—Status Update Since the City regular g y Commission ss on meeting of January 12, 2010 the following actions have taken place. Consumptive Use Permit The City was notified by the South Florida Water Management District (SFWMD) on January 4, 2010 that its consumptive use permit was approved. The maximum allocation for the drawdown of raw water is 1.1 mgd until such time as a safe yield study for the proposed new Well G confirms that and allocation of 1.8 mgd is justified. Efforts to Identify an Alternative Long-Term Source of Water On January 15, 2010 staff held a follow-up meeting with City of Hollywood Utilities Department staff to discuss proposed revisions to the draft agreement for the purchase of potable water. Proposed revisions include: • an increase in the long-term demand from .30 mgd to .40 mgd as a result of recently submitted development proposals; • incentives for reduction or elimination of the monthly flow charge; and • inclusion of a "favored nation" clause that provides for equal treatment of the City in cases where Hollywood agrees to more favorable terms with other large users of the same class as Dania Beach. The City of Hollywood is reviewing these proposed revisions and has committed to providing a proposed draft within two weeks of the meeting. The City's special consultant, Keith and Schnars is pursuing the Hollywood alternative as well as the potential for purchasing potable water from the City of Fort Lauderdale or raw water from Broward County. On January 22, 2010 staff and Keith and Schnars representatives met with Broward County Water and Wastewater Services staff to discuss the feasibility of purchasing additional raw water through their existing Large User Agreement for Raw Water. The County is coordinating with the SFWMD and will follow up with the City within the coming week. Keith and Schnars. N.A. The City's special consultant has been actively pursuing the alternative water supply issue as well as gathering information on the bigger picture issue of how the City should proceed in its water supply planning efforts. A representative of the firm will be present to provide a status report at the January 26, 2010 City Commission meeting. Changing Conditions Water supply is typical of many planning issues in that it is dynamic and subject to changing conditions. Our initial discussions began with a projected long-term demand of .55 mgd and in the first weeks of that discussion the projection was reduced to .30 because of the uncertainty of demands in the proposed changes to the Regional Activity Center (RAC). Since that time a number of changes have occurred that will result in added projected long- term demands. • The land use changes proposed for the RAC have been specified and the resulting projected demand for water is .054 mgd (54,000 gallons per day). • The Design Center of The Americas (DCOTA) has submitted a Notice of Proposed Change to its existing Development of Regional Impact (DRI) for the construction of an additional 200,000 square feet of office space and the extension of its build-out date to 2015. Initial calculations indicate an additional projected demand for water of .040 mgd (40,000 gallons per day) • The Atlantic Village Marina and Hotel project has submitted a proposed revision to its site plan to add 330 rooms as well as convention style meeting space. The Atlantic Village project is slightly under the DRI threshold but because of the size of the project the developer has requested that the South Florida Regional Planning Council perform a review of impacts similar to a DRI review in which state and local agencies assess the project impacts and provide comments. This review is underway at this time and is expected to result in an addition projected demand for water of approximately .060 mgd (60,000 gallons per day). • In the past week a site plan was submitted for a hotel and parking garage on the present site of the San Souci Hotel. Review has just begun on the project but additional demands for water will be identified and must be provided for. The land use plan amendment that is being processed to implement the West Side Master Plan is projected to result in a demand of .375 mgd in the Broward County service area west of Interstate Highway 95. Keith and Schnars representatives are coordinating with Broward County Water and Wastewater Services to ensure that there is capacity to meet that projected demand. The SFWMD requires that requests for additional water capacity be substantiated. This means that requests cannot be generalized. They must be tied to reasonable future plans, population projections, etc. and demand has to be specified. Given the dynamic nature of the City's current development picture, and recognizing that an improving economy will likely result in an even more active and changing planning landscape, staff has requested that the City's consultants be mindful of the need for flexibility and changeability in any agreements we consider with outside entities. Time Line Staff has coordinated with Broward County Planning Council and the City's consultants to ensure that a final decision will be reached on water supply issues in a timely manner. As reported previously the City's reason for processing the amendments to the RAC and the Griffin Road Corridor is to effectuate needed changes in advance of the potential passage of constitutional amendment 4, also referred to as the `Hometown Democracy" amendment. The Broward County Planning Council staff is cooperating by revising its deadlines for processing. The Department of Community Affairs has agreed to an abeyance of the hearing to determine remedial actions necessary to bring the City's 10-year Water Supply Plan into compliance with state law. The SFWMD negotiated an agreement by which it would remove its objection to the City's previous RAC amendment in exchange for commitments by the City to obtain an approved raw water consumptive use permit and ensure that certificates of occupancy for permitted projects be issued only upon demonstration that adequate water supply exists within the City's current legal allocation. The actions and cooperation of our partner agencies have provided additional time for the City to seek the best deal possible for its long-term water supply alternative. On the other hand, the changing development dynamics of the City and the current processing of two large land use plan amendments dictate that we move forward with all due dispatch. The following time line has been established to meet the City's requirements. January 26 Status report by Keith & Schnars February 12 Submission of land use plan amendments to Broward County Planning Council March 9 Final Report by Keith & Schnars March (TBD) City Commission Water Supply Workshop March 23 City Commission action on preferred alternative for water supply (first reading) April 13 City Commission action on preferred alternative for water supply (second reading) April 30 Submission of proof of an assured long-term water supply to Broward County Planning Council as supporting information for the land use plan amendments May 7 Submission of all information necessary to finalize DCA's review of the 10-year Water Supply Plan STAFF RECOMMENDATION Information only. No action is required.