HomeMy WebLinkAbout2023-06-13 Regular City Commission Meeting AgendaAGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, JUNE 13, 2023 - 7:00 PM
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 IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT
COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE
CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE:
WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019)
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.
DECORUM POLICY FOR MEETINGS OF THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA:
INDIVIDUALS WHO WISH TO MAKE ANY “CITIZEN’S COMMENTS” UNDER THAT PORTION OF THE CITY COMMISSION
AGENDA, OR WHO OTHERWISE WANT TO ADDRESS THE CITY COMMISSION, MUST FIRST BE REGISTERED WITH THE CITY
CLERK (FORMS ARE AVAILABLE OUTSIDE OF THE CITY COMMISSION CHAMBERS AND MUST BE GIVEN TO THE CLERK
BEFORE THE MEETING). OTHERS WHO WANT TO ADDRESS THE COMMISSION ON ANY MATTERS MUST FIRST BE
RECOGNIZED BY THE MAYOR. ALL SUCH PERSONS MUST USE THE PODIUM IN THE COMMISSION CHAMBER. NO MORE
THAN ONE PERSON AT A TIME MAY ADDRESS THE COMMISSION FROM THE PODIUM. COMMENTS ARE ONLY TO BE MADE
TO THE CITY COMMISSION AND ARE NOT TO BE DIRECTED TO THE AUDIENCE OR CITY STAFF.
NO INDIVIDUAL SHALL MAKE ANY SLANDEROUS OR UNDULY REPETITIVE REMARKS, OR ENGAGE IN ANY OTHER
FORM OF BEHAVIOR THAT DISRUPTS OR IMPEDES THE ORDERLY CONDUCT OF THE MEETING, AS DETERMINED BY THE
MAYOR. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF:
COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR
VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO
SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER.
IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH
THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION
CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE
REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS.
ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION
CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032)
1. CALL TO ORDER/ROLL CALL
2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
3. PRESENTATIONS AND SPECIAL EVENT APPROVALS
1. Years of Service Award – Captain Marks - City Manager
2. Sheriff Tony Swearing in of Dania Beach District Chief Jason Tarala
3. Dania Beach Property Values - Broward County Property Appraiser
Agenda – Dania Beach City Commission
Tuesday, June 13, 2023 - 7:00 PM
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4. Discussion of Interlocal Agreement for Solid Waste Disposal and Recycling Material
Process Authority by Broward League of Cities President, Bob Mayersohn - Public
Services
5. Presentation of the FY2021-22 Annual Comprehensive Financial Report (ACFR) by
Chief Financial Officer Frank DiPaolo and Keefe McCullough CPAs - Finance
6. Special Event request from Panther Fireworks LLC to host "Panther Fireworks"
everyday beginning Monday, June 19th, through Tuesday, July 4th, 2023, to be held at
4650 SW 30th Ave, from 10:00 a.m. - 10:00 p.m. - Community Development
7. Special Event request from Neptune (TNT) Fireworks to host "TNT Fireworks Sale"
everyday beginning Sunday, June 25th through Tuesday, July 11th, 2023, to be held at
768 E. Dania Beach Blvd, from 9:00 a.m. - 9:00 p.m. - Community Development
8. Special Event Request - 2nd Annual Juneteenth Freedom Day Celebration 2023 - Parks
and Recreation
9. Special Event Request - Men of Honor Kickball Tournament - Parks and Recreation
4. PROCLAMATIONS
1. Proclamation to Mundi's Italian Restaurant for their 30th Anniversary - Sponsored by
Commissioner Davis
2. Retroactive Approval of Expression of Sympathy - Evelyn Williams - Homegoing
Service - June 10, 2023 - Sponsored by Commissioner James
5. CITIZEN COMMENTS
Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested
persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the
"Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City
Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public
Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (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.
6. PUBLIC SAFETY REPORTS
7. CONSENT AGENDA
1. Minutes:
2. Travel Requests:
3. RESOLUTION NO. 2023-____
Agenda – Dania Beach City Commission
Tuesday, June 13, 2023 - 7:00 PM
Page 3 of 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR A SOLID WASTE
DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF
BROWARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
4. RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING EXECUTION OF A DRINKING WATER STATE
REVOLVING FUND CONSTRUCTION LOAN AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE C-
51 RESERVOIR REGIONAL PROJECT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance)
5. RESOLUTION 2023-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, PURSUANT TO CHAPTER 27 OF THE CITY’S CODE, ENTITLED
“WATER AND SEWERS”; ARTICLE I. ENTITLED “WATER AND SEWER
UTILITIES”, AT SECTION 27-5, ENTITLED “COMMENCEMENT OF CHARGES,”
AUTHORIZES THE AMENDMENT OF WATER AND SEWER RATES BY
RESOLUTION, IN ORDER TO UPDATE THE RESIDENTIAL AND
COMMERCIAL COMPONENT OF THE WATER RATE STRUCTURE AND TO
UPDATE THE WATER AND SEWER RATES FOR THE NEXT FIVE YEARS (2024
THROUGH 2028); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE (Finance)
6. RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
FIRST AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR
SURTAX-FUNDED MUNICIPAL TRANSPORTATION PROJECT: STORMWATER
IMPROVEMENTS-DRAINAGE/RESILIENCY CONSTRUCTION (DANI-017) TO
BE IMPLEMENTED BY THE CITY OF DANIA BEACH, AND FUNDED WITH
TRANSPORTATION SURTAX FUNDS IN THE AMOUNT OF SEVEN MILLION
TWO HUNDRED TWELVE THOUSAND DOLLARS ($7,212,000.00); PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public
Services)
7. ORDINANCE NO. 2023-_____
Agenda – Dania Beach City Commission
Tuesday, June 13, 2023 - 7:00 PM
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 12.5, ENTITLED
“FORTUNETELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGERS”; BY
AMENDING SECTIONS 12.5-2. ENTITLED “ISSUANCE AND REVOCATION OF
BUSINESS TAX RECEIPT”; AND SECTION 12.5-3, ENTITLED “JUDICIAL
REMEDY BY CIRCUIT COURT”; AND AMENDING CHAPTER 21 ENTITLED
“SALES AND AUCTIONS; AT ARTICLE IV ENTITLED “AUCTIONS AND
AUCTIONEERS”; AT SECTION 21-52 ENTITLED “ISSUANCE AND
REVOCATION OF LICENSE” TO REQUIRE ALL THE FOLLOWING USES:
FORTUNETELLERS, PALMISTS, CLAIRVOYANTS, ASTROLOGERS, AND
AUCTIONEERS ADHERE TO SPECIAL BUSINESS TAX RECEIPT
REQUIREMENTS; WHICH REQUIREMENTS ARE AMENDED TO PROVIDE
ADMINISTRATIVE REVIEW BY STAFF AND DE NOVO APPEAL TO THE CITY
COMMISSION, AFTER PUBLIC HEARING, AND AN APPEAL TO COURT OF
THE CITY COMMISSION DECISION; SALES AND AUCTIONS”;; PROVIDING
FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(City
Attorney)
8. RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT
TO WAIVE THE CITY’S FORMAL BID PROCESS AND AUTHORIZE THE
PROPER CITY OFFICIALS TO ENTER INTO AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DANIA BEACH AND THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL FOR THE CREATION OF A
VULNERABILITY ASSESSMENT IN AN AMOUNT NOT TO EXCEED NINETY-
FIVE THOUSAND FIVE HUNDRED DOLLARS ($95,500.00); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community
Development)
9. RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO
AGREEMENTS WITH THE SEVEN (7) FIRMS THAT SUBMITTED RESPONSES
TO THE CITY’S REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 22-031
ENTITLED, “OUTSIDE LEGAL COUNSEL IN VARIOUS PRACTICE AREAS”;
WHICH MAY EXCEED AN ANNUAL VENDOR THRESHOLD TOTAL AMOUNT
OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Reconsideration) (City
Attorney)
8. BIDS AND REQUESTS FOR PROPOSALS
Agenda – Dania Beach City Commission
Tuesday, June 13, 2023 - 7:00 PM
Page 5 of 7
1. RESOLUTION NO.2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 2023-001,
ENTITLED “INFILTRATION AND INFLOW REMOVAL PHASE II - MAINLINE
REPAIRS” TO VEIT NATIONAL CORPORATION IN AN AMOUNT NOT TO
EXCEED TWO MILLION FORTY ONE THOUSAND FOUR HUNDRED FIFTY
DOLLARS ($2,041,450.00); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
9. PUBLIC HEARINGS
1. ORDINANCE 2023-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS
EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH EXPENDITURE
IS NOT TO EXCEED THE PROJECT ESTIMATE OF TWO MILLION FORTY-ONE
THOUSAND FOUR HUNDRED FIFTY DOLLARS ($2,041,450.00) APPROVED BY
THE CITY COMMISSION, TO FUND THE INFILTRATION AND INFLOW
REMOVAL PHASE II - MAINLINE REPAIRS PROJECT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.(SECOND READING)(Public Services)
2. ORDINANCE NO. 2023-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE RIGHT-OF-WAY VACATION REQUEST
(VC-095-22) SUBMITTED BY PROPERTY OWNER THE CITY OF DANIA
BEACH, FOR THE PROPERTY (PORTION OF SW 2ND TERRACE OF SW 2ND
PLACE) GENERALLY LOCATED NORTH AND SOUTH OF MULLIKIN PARK
AT 230 SW 1ST COURT, AND IS LOCATED WITHIN THE CITY OF DANIA
BEACH, FLORIDA, WHICH RIGHT-OF-WAY IS LEGALLY DESCRIBED IN
EXHIBIT A, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)(Community
Development)
3. ORDINANCE NO. 2023-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 ENTITLED “LAND
DEVELOPMENT CODE”, PART 8 ENTITLED “TECHNICAL APPENDIX”,
ARTICLE 811, ENTITLED “PUBLIC ART PROGRAM” AT SECTIONS 811-15”,
Agenda – Dania Beach City Commission
Tuesday, June 13, 2023 - 7:00 PM
Page 6 of 7
AND SECTION 811-70 ENTITLED “BUILDING PERMITS” TO CLARIFY THAT
FOR A DEVELOPER TO PLACE PUBLIC ART ON DEVELOPER’S PROPERTY
THE DEVELOPER IS TO (1) PAY .25% TOWARDS THE ART FUND, AND (2)
PAY AN ADDITIONAL .25% TO ESCROW TO ENSURE THE CONSTRUCTION
AND TIMELY PLACEMENT OF THE PUBLIC ART ON THE DEVELOPER’S
PROPERTY IN COMPLIANCE WITH THE PUBLIC ART PROGRAM, AND (3)
CLARIFYING THAT THE ESCROW FUNDS ARE RETURNED TO THE
DEVELOPER IF COMPLIANCE IS ACHIEVED, OTHERWISE THE ESCROW
FUNDS ARE DEPOSITED INTO THE CITY’S ART FUND FOR USE IN THE
CITY’S PUBLIC ART PROGRAM; PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING) (Community Development)
10. DISCUSSION AND POSSIBLE ACTION
1. RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, PURSUANT TO SECTION 811-140, OF THE LAND DEVELOPMENT
CODE, THE APPLICANT, PRONTO PIZZA, REQUESTS APPROVAL OF ITS
MURAL LOCATED AT 300 S. FEDERAL HIGHWAY, DANIA BEACH, FLORIDA,
AS LEGALLY DESCRIBED IN EXHIBIT “A,” A COPY OF WHICH IS ATTACHED
TO AND INCORPORATED BY REFERENCE INTO THIS RESOLUTION;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (Community Development)
2. Art on the Beach - Sponsored by Commissioner James
3. Volunteer Policy - Sponsored by Commissioner James
4. Explore Partnership with Dan Marino Foundation in the City of Dania Beach -
Sponsored by Commissioner Davis
5. Historical Structure 158 North Federal Highway - Sponsored by Mayor Ryan
11. COMMISSION COMMENTS
1. Commissioner Davis
2. Commissioner James
3. Commissioner Salvino
4. Vice-Mayor Lewellen
Agenda – Dania Beach City Commission
Tuesday, June 13, 2023 - 7:00 PM
Page 7 of 7
5. Mayor Ryan
12. APPOINTMENTS
1.
1. Planning and Zoning Board - 1 Alternate Appointment
2. Charter Review Board - 1 At-Large Alternate
13. ADMINISTRATIVE REPORTS
1. City Manager
2. City Attorney
3. City Clerk - Reminders
14. ADJOURNMENT