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HomeMy WebLinkAbout2024-07-09 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JULY 9, 2024 - 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 Agenda – Dania Beach City Commission Tuesday, July 9, 2024 - 7:00 PM Page 2 of 8 1. Special Event Application Approval - 2025 Vintage Motorcycle Show - Parks and Recreation 2. Request for Proclamation - Florida Pather's Day - July 9, 2024 - Sponsored by Commissioner Salvino 3. Request for Proclamation – Gertrude Jacobson – 100th Birthday – Sponsored by Vice Mayor Lewellen 4. PROCLAMATIONS 1. Parks and Recreation Month - July 2024 - Sponsored by Commissioner James 2. Florida Panther's Day - Sponsored by Commissioner Salvino 3. Gertrude Jacobson – 100th Birthday – Sponsored by Vice Mayor Lewellen 5. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders - August 27, 2024 - CRA Board Meeting - 5:00 p.m. - August 27, 2024 - City Commission Meeting - 7:00 p.m. 6. PUBLIC SAFETY REPORTS 7. CITIZENS' 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. 8. CONSENT AGENDA 1. Minutes: June 25, 2024 City Commission Meeting Minutes 2. Travel Requests: Request for City Manager Ana M. Garcia to attend the 2024 ICMA Annual Conference September 19-25, 2024 3. RESOLUTION NO. 2024-______ Agenda – Dania Beach City Commission Tuesday, July 9, 2024 - 7:00 PM Page 3 of 8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT THE AGREEMENT FOR RENEWAL OF THE CITY’S FULLY INSURED MEDICAL PLAN BROKERED BY THE GEHRING GROUP, AS BROKER OF RECORD FOR THE CITY OF DANIA BEACH, WITH THE FLORIDA MUNICIPAL INSURANCE TRUST, FOR INSURANCE COVERAGES BEGINNING OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024, FOR ACTIVELY WORKING AND NON-MEDICARE ELIGIBLE RETIRED EMPLOYEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) 4. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR MAINTENANCE OF THE LANDSCAPING ALONG THE GRIFFIN ROAD MEDIANS EAST OF INTERSTATE 95 (I95) TO US 1/FEDERAL HIGHWAY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 5. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A CRANE TRUCK IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED SIXTY ONE DOLLARS ($189,261.00) FROM PALMETTO FORD, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE FLORIDA SHERIFFS ASSOCIATION (“FSA”) CONTRACT FSA23-VEH21.0; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 6. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTED PURSUANT TO §164.1052, FLORIDA STATUTES, DECLARING THE INTENT OF THE CITY COMMISSION TO INITIATE CONFLICT RESOLUTION PROCEDURES AS SET FORTH IN CHAPTER 164, FLORIDA STATUTES; FINDING THAT A CONFLICT EXISTS WITH THE CITY OF HOLLYWOOD, FLORIDA, ARISING FROM THE LARGE USER AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD, DATED SEPTEMBER 28, 1990, RELATED TO THE FY 2018 - 2022 "TRUE-UP" PAYMENTS FROM THE CITY OF DANIA BEACH TO THE CITY OF Agenda – Dania Beach City Commission Tuesday, July 9, 2024 - 7:00 PM Page 4 of 8 HOLLYWOOD AND HOLLYWOOD'S PROPOSED INCREASE TO THE LARGE USER WASTEWATER MONTHLY INCREASE CHARGES; DIRECTING THE CITY MANAGER TO PREPARE AND FORWARD A CERTIFIED COPY OF THIS RESOLUTION AND THE REQUIRED CERTIFIED LETTER TO THE CITY MANAGER FOR THE CITY OF HOLLYWOOD AND OTHER GOVERNMENTAL UNITS PURSUANT TO SECTION 164,1052, FLORIDA STATUTES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Attorney) 7. RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE ASSESSMENTS AND THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING AUTHORITY; PROVIDING FOR PROVISION AND FUNDING OF FIRE SERVICES; PROVIDING FOR IMPOSITION AND COLLECTION OF SUCH ASSESSMENTS; PROVIDING LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT; PROVIDING UPDATED ASSESSMENT CALCULATIONS; ESTABLISHING PRELIMINARY NOT-TO-EXCEED ASSESSMENT RATES FOR FIRE ASSESSMENTS TO PROVIDE FOR THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF MAILED AND PUBLISHED NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 8. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BOUNDARIES OF THE CITY OF DANIA BEACH, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THAT NOTICE OF THE HEARING BE ISSUED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 9. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, Agenda – Dania Beach City Commission Tuesday, July 9, 2024 - 7:00 PM Page 5 of 8 FLORIDA, RELATING TO THE PROVISION OF STORMWATER SERVICES, FACILITIES AND PROGRAMS WITHIN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR STORMWATER ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF RESPECTIVE ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 10. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2024-2025 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE RATE AS APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING TO HEAR OBJECTIONS AND QUESTIONS CONCERNING THE MILLAGE RATE, AND AT WHICH MEETING THE QUESTIONS AND CONCERNS WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 11. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE BROWARD COUNTY SHERIFF’S OFFICE (BSO) FOR THE FY 2021 EDWARD BYRNE JUSTICE ASSISTANCE GRANT PROGRAM (JAG); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 12. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD COUNTY SHERIFF’S OFFICE FOR THE FY 2022 EDWARD BYRNE JUSTICE ASSISTANCE GRANT PROGRAM (JAG); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 13. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, Agenda – Dania Beach City Commission Tuesday, July 9, 2024 - 7:00 PM Page 6 of 8 FLORIDA, AUTHORIZING THE EXPENDITURE OF CONTINGENCY FUNDS IN THE AMOUNT OF FORTY FIVE THOUSAND ($45,000.00) FOR THE PURCHASE OF SODIUM HYPOCHLORITE CHEMICALS FROM ALLIED UNIVERSAL CORPORATION FOR THE WATER TREATMENT PLANT UNDER THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING COOPERATIVE GROUP CONTRACT BID NO. EVENT 139 AND TO EXCEED THE ANNUAL SINGLE VENDOR PURCHASING POLICY OF FIFTY THOUSAND DOLLARS ($50,000.00) TO BE VALID EACH YEAR THE CONTRACT IS IN PLACE, AND FURTHER PROVIDING THAT SUCH PURCHASES ARE TO BE MADE WITHIN THE WATER DIVISION’S APPROVED CHEMICAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 9. BIDS AND REQUESTS FOR PROPOSALS: None. 10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS 1. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-025-22MOD), SUBMITTED BY FIRST DANIA BEACH LLC, FOR PROPERTY LOCATED AT 46 SW 1ST AVENUE IN THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 11. FIRST READING ORDINANCES: None. 12. SECOND READING ORDINANCES 1. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY’S COMPREHENSIVE PLAN TO ADOPT AN EVALUATION AND APPRAISAL (“EAR”) REPORT BASED AMENDMENTS PURSUANT TO SECTION 163.3191, FLORIDA STATUTES, WHICH PROVIDES FOR A COMPREHENSIVE UPDATE TO THE GOALS, OBJECTIVES, AND POLICIES OF ALL ELEMENTS, INCLUDING REVISED TEXT AND MAP AMENDMENTS NECESSARY TO UPDATE THE DATA AND ANALYSIS OF THE COMPREHENSIVE PLAN; PROVIDING THAT THE TEXT AND MAP AMENDMENTS SHALL REPLACE IN FULL THE EXISTING TEXT AND MAPS IN ALL AMENDED ELEMENTS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.(Community Development) Agenda – Dania Beach City Commission Tuesday, July 9, 2024 - 7:00 PM Page 7 of 8 2. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, “LAND DEVELOPMENT REGULATIONS” AT PART 1. ENTITLED “USE REGULATIONS”, ARTICLE 105 ENTITLED “USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS”; AT SECTION 105-90, ENTITLED “OUTDOOR STORAGE CONTAINERS”, PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 3. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, “LAND DEVELOPMENT REGULATIONS”, ARTICLE 275, “LANDSCAPING REQUIREMENT”; AT SECTION 275-195, “ARTIFICIAL TURF INSTALLATION”, OF THE CITY CODE OF ORDINANCES, PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 13. DISCUSSION AND POSSIBLE ACTION 1. (If taking action on the City Manager's contract, Public Hearing is required) RESOLUTION NO, 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER INTO AN EXTENSION OF EMPLOYMENT AGREEMENT WITH THE CITY MANAGER, ANA M. GARCIA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner Salvino) 2. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER INTO AN EXTENSION OF EMPLOYMENT AGREEMENT WITH THE CITY ATTORNEY, EVE A. BOUTSIS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice Mayor Lewellen) 3. Seeking Appraisals for MC Frost House - Sponsored by Mayor Ryan 14. APPOINTMENTS 15. COMMISSION COMMENTS Agenda – Dania Beach City Commission Tuesday, July 9, 2024 - 7:00 PM Page 8 of 8 1. Commissioner Davis 2. Commissioner James 3. Commissioner Salvino 4. Vice-Mayor Lewellen 5. Mayor Ryan 16. ADJOURNMENT City of Dania Beach Parks & Recreation Memorandum DATE: 7/9/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Tyrone Cornileus / Event Liaison / Parks & Recreation SUBJECT: Special Event Application: Dania Beach Vintage Motorcycle Show (2025) Request: A Special Event application on behalf of the Dania Bike Show non-profit to have the Dania Beach Vintage Motorcycle Show on January 25, 2025, from 4 AM - 8 PM. Background: A Special Event is requested by Dania Beach Bike Show non-profit for Saturday, January 25, 2025, from 4:00 a.m. to 8:00 p.m. The requested event will be held at Frost Park 300 NE 2nd Street, Dania Beach, FL 33004. This event has been a previous event in January 2024. Budgetary Impact The NON-PROFIT special events application fee for Dania Beach Bike Show is $150. Recommendation The Parks and Recreation Department is recommending that the City Commission approve the special events application request with the conditions noted. The applicant will pay for the necessary services recommended below. Department Review: Comments: BSO Fire: Fire Prevention Must complete the BSO Fire event application. Building Official Building permits are required. Plumbing City Attorney No issues Code Enforcement No issues Planning & Zoning Must provide a site map and layout of food vendors. Must be 10ft apart from eachother. HR / Risk Mgmt- Must obtain all COI prior to event. Parks & Recreation No issues Public Services No issues BSO Police Dept. No issues 1 of 6 Ordinance #2021-013 CITY OF DANIA BEACH SPECIAL EVENT APPLICATION Submit a COMPLETED APPLICATION, SITE PLAN AND SITE PLAN NARRATIVE by email. Please make sure all sections are completed and all pages are initialed by the applicant. Incomplete application will be returned to applicant. After you submit the application with your fee, you will be contacted by the Special Event Coordinator to review and further process your application. The Special Event Coordinator will contact you once the review is complete to provide conditions or comments and the next available date for City Commission approval (if required). Event Name: Type of Event: Minor Event - less than 500 people, single day event, no road closures Major Event - more than 500 people, consecutive multi-day event, road closures (major event requires Commission approval) Wedding Is your event located in a public park or City property? ____ Yes ____ No Is your event located on the beach? ____ Yes ____ No Location: Expected maximum attendance Expected sustained attendance Has this event been held in the past? ____ Yes ____ No If yes, please list the past dates, locations and attendance Detailed Description: (Activities, Vendors, Entertainment, etc.) Date and Time: DATE DAY BEGIN END Attendance SETUP: ______AM/PM ______AM/PM ________ EVENT DAY 1: ______AM/PM ______AM/PM ________ EVENT DAY 2: ______AM/PM ______AM/PM ________ EVENT DAY 3: ______AM/PM ______AM/PM ________ BREAKDOWN: ______AM/PM ______AM/PM ________ PART I: EVENT REQUEST 2 of 6 Ordinance #2021-013 Organization Name Name of Authorized Signatory For-Profit Non-Profit Private (as registered in Sunbiz) Address: City, State, Zip: Date of registration: State registered in: Federal ID # Email Address: Phone: Event Coordinator Name Phone: Title: Phone: Cell: Email address: Fax: Additional Contact Name Will you be on site? ____ Yes ____ No Title: Phone: Cell: Email address: Fax: Event Production Company (if other than applicant) Address: City, State, Zip: Contact Name: Title: Phone (day) (night) Cell: Email address: Fax: All City permits must be obtained through the City’s Building Division using the Building Permit Application form. Apply and pay for the permits at least 30 days before the event. Contact the Building Division at (954) 924-6805 with any questions. Please be advised that if an entity is sponsoring an event and/or is on City property, it is required to have present a certificate of insurance with a minimum amount of $1M general liability and with the City listed as Additional Insured. There may be other or additional insurance requirements such as worker’s compensation or auto insurance, etc., for example, depending upon the event details, and as determined by the City. Admission/Registration ____ Yes ____ No If yes, how much? $ Alcohol for Sale ____Yes ____ No Alcohol for Fee ____ Yes ____ No If yes, how will the beverages be controlled and served? (Draft truck, bar tender, beer tub, etc.) Provide State of Florida alcohol licenses and $500,000 of Liquor Liability insurance 30 days before event. Amusement Ride ____ Yes ___No If yes, name a contact of company: PART II: APPLICANT PART III: EVENT INFORMATION 3 of 6 Ordinance #2021-013 What type of rides are you planning? Florida Bureau of Fair Rides, Ron Jacobs (850) 921-1530 must be contacted 30 days before the event to schedule inspections and final approval of all vendors and rides prior to use. Electricity ____ Yes ___No Generator ____ Yes ___No Amount of Kilowatts ___________ Events requiring electricity must be permitted. Company: License #: Name of Electrician: Phone: Entertainment ____ Yes ____ No If yes, what type of entertainment will be there? Any notable documents? Fencing or Barricades ____ Yes ____ No Include proposed fences in your Site Plan & Narrative Fireworks & Flame Effects ____ Yes ____ No Name & Contact of Company conducting the show: A permit and Fire Watch is required for all pyrotechnics displays. Food Vendors _____ Yes ____ No Food Trucks _____ Yes ____ No Cooking Appliance Types (charcoal grills gas grills, deep fryers, etc.) State Health Dept. Tara Palmer at (594) 397-9366 must be notified 10 days prior to event. All Food Vendors must be inspected by BSO Fire to ensure compliance prior to serving food. A fire extinguisher is required for each food booth. If a propane tank is used for a fuel source, it must be secured on the outside of the booth. LP Gas permits may be required. Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? ____ Yes ____ No If so, indicate the type of appliance(s) to be used and the number of each applicant to be used: N/A Electric Grill(s) #___ Gas Grill(s) #___ Charcoal Grill(s) #___ Smoker Grill(s) #___ Grease Fryer(s) #___ Oven(s) #___ Electric Range Burner(s) #___ Gas Range Burner(s) #___ Please Note – Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. Does each cooking appliance have its own dedicated Fire Extinguisher? ____ Yes ____ No Please Note – Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. You need to demonstrate that this requirement will be met by making a note on the site plan indicating compliance with all of the above requirements or providing a letter to the fire prevention bureau. Does each cooking area have the proper clearances from all other event areas? ____ Yes ____ No Please Note – Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands of bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Food Truck and vendors that are participating at the event. 1. Fire Safety Inspection is required the day of the event. 2. Certified Gas Company to inspect the food trucks and any vendor that is cooking with gas prior to cooking for the opening of the event. (Leak detection test). 3. Food trucks that are participating must have an approved and updated fire suppression extinguishing system. 4. Food trucks are to be 10 feet apart from other food trucks. Vendors that are cooking outside in separated booths must be 10 feet apart from other vendors that are cooking. 4 of 6 Ordinance #2021-013 5. All vendors that are cooking must have the proper fire extinguisher to extinguish their product. Music ____ Yes ____ No If yes, what music format(s) will be used? (Amplified, acoustic, recorded, live, MC, DJ, etc.): List the type of equipment you will use (speakers, amplifier, drums, etc.): Stages _____ Yes ____ No Type (wood, metal, trailer stage, etc.) Stages may require permits. Days and times music will be played: How close is the event to the nearest residence? It is the responsibility of the event coordinators/promoter to reach out to businesses within proximity of the event. Parking Impact ____ Yes ____ No If yes, lot location(s)? Date(s) of Closure Time(s) of Closure All Parking Spaces that are impacted by an event will be billed to the event organizer through the City’s Parking Division and must be paid in full before the event. Road Closings _____ Yes ____ No If yes, define Closure(s) Date(s) of Closure Time(s) of Closure Sanitation & Waste Will the event encourage Recycling and Sustainability? ____ Yes ____ No Recycling must be provided at all City events, facilities & parks. All dumpsters must be removed at the end of the event. Company Name Contact Phone All grounds must be cleaned up immediately after completion of event or you will be subject to fees. You are responsible for securing recycling services. Security/Police ___ Yes ____ No Name Phone Security companies and their plans must be approved, and you may still be required to hire BSO Police. Security Company Contact Phone Tents or Canopies ____ Yes ____ No No penetration of ground spike is allowed. All structures must be water-weighted. Tents larger than 10 x 10 require a permit. Quantity and size of each? Company Name Contact Phone A detailed Site Plan showing the locations and size of each canopy or tent is required. A permit and final inspection is required if there are multiple canopies, if they are going to be used for cooking or if there are tents with walls. All tents must be flame retardant. A certificate of flame retardancy and a sample of the tent fabric for filed testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. Participating vendors must be separated by a minimum of 3 feet regardless with usage of a tent or a canopy classification. Toilets ____ Yes ____ No 5 of 6 Ordinance #2021-013 All toilets must be removed within 24 hours. Portable Toilets are regulated by Broward County. Please contact the Environmental Manager at (954) 412-7334. Transportation Plan ____ Yes ____ No Any events larger than $5,000 people must have an approved Transportation Plan. Your Event may require Security and Emergency Services which will be determined using this application, your Site Plan and Narrative. MOT, transportation plan and any additional information requested during your Special Events meeting. The hourly rate and costs for services will be quoted on the “Cost Estimate” worksheet developed at the meeting and provided to the organizer. The cost may change after the meeting. POLICE Your event may require security services based on expected attendance and other risk factors such as alcohol, time, day, location, event type of weather. Depending on your event, it may be possible to supplement some of the Police services with a private third-party security company if their security plan is approved by the BSO Police Department. If you want to use a private security company, their proposed security plan must be presented along with their business license and contact information with this event application. The Police will review the plan and inform you if it meets City requirements. BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriff’s Office detail may be required. FIRE WATCH REQUIREMENT A fire watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 hour minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $17.00 per hour Ladder (1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to the City of Dania Beach by means of cash advance or a cashier’s check. Fees are based on individual employee’s overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker’s Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the City will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed up before the event, the Event sponsor will be required to pay for any overage based on the actual cost for the fire watch. The Event sponsor will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. If I have not submitted my application with the necessary plans, within the deadline and according to the rules outlined in the Special Events Ordinance, it may be denied. PART IV: SECURITY AND EMERGENCY SERVICES PART V: APPLICANT ACCEPTANCE 6 of 6 Ordinance #2021-013 Before receiving final approval from the City Commission, I understand that I (and the production company, if applicable), must furnish an original certificate of General Liability Insurance naming the City of Dania Beach as additionally insured in the amount of at least one million dollars ($1,000,000) or greater as deemed satisfactory by the City Risk Manager, and an original certificate of liquor liability insurance in the amount of five hundred thousand dollars ($500,000) if alcohol is being served. Other liability insurance and fees may also be required up to thirty (30) days in advance of the event. I understand that the City of Dania Beach sponsored activities have precedence over the event requested above and I will be notified if any conflicts arise. I understand that the BSO Police Department will determine all security requirements and that the BSO Fire Rescue will determine all fire and Emergency Medical Services requirements. I understand that any cancellations for City scheduled services must be made by phone to each department representative at least 24 hours before the scheduled event time or the organizer will be liable for any associated fees. I understand that the City has a noise ordinance that my event must follow. I agree to abide by all provisions of the noise control ordinance and understand that my failure to do so may result in a civil citation, a physical arrest, or the shutting down of the event. If at any time during the event it is determined by law enforcement personnel, code enforcement personnel, parks and recreation personnel, or any other City representative that the entertainment or music is causing a noise disturbance, I will be directed to lower the volume to an acceptable level as determined by City staff. If a second noise disturbance arises during the event, I may be directed to shut down the music or entertainment for the remainder of the event. Email application and plans to: specialeventapplication@daniabeachfl.gov Site Plan must include the following with application: 1. ALL events – Event Site Plan & Narrative – show stages, restrooms, fencing, tents, etc. 2. Closed Roads – Maintenance of Traffic Plan – show barricades, directions, cones, etc. 3. Transportation Plan – show transportation options for attendees. 4. Security needs – Security Plan – detail how event coordinator will manager security. Mail application fee (payable to the City of Dania Beach) to: Attend: Shanesa Mykoo, Special Event Coordinator 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 Event Coordinator Signature Date PART VI: SUBMISSION CITY OF DANIA BEACH OFFICE OF THE CITY MANGER 100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax) MEMORANDUM Date: July 9, 2024 To: Mayor A. J. Ryan IV Vice Mayor Lori Lewellen Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco A. Salvino, Sr. From: Ana M. Garcia, ICMA-CM, City Manager Subject: Manager’s Report We are extremely excited to report that after several postponed meetings with the County, the Broward County Historic Board approved our project for the Nyberg Swanson House! We will be in full renovation mode by the end of this month and the team is working fervently to expedite the project to ensure a ribbon cutting this November/ December. Outstanding perseverance by our Public Services Team leading the way on this endeavor. We have achieved a new record this summer for participation in our summer camps! A total of 411 campers are registered in our Parks Camp, Teen Camp, and our Junior Lifeguard Camp! Kudos to our amazing Parks and Recreation Team. Phase 2 of the Griffin Road Landscaping and Beautification Project is moving forward, and we expect completion and a ribbon cutting this spring. With phase 1 completed last year, this project will officially be the largest project of its kind in our City, a priority of our CIP as per the guidance and direction of our City Commission’s adopted Strategic Master Plan. As we enhance our customer experience and house our growing team serving our community, we expect to have our Community Development offices/ team moved out into the trailers behind City Hall before the end of the month in order to begin our construction project. Thank you to our IT Team and our Community Development leaders working closely with our Deputy City Manager on this project. On Monday, July the 1st, we hosted a very important/ productive meeting with the senior Dania Pointe executive team. Our City Attorney, Deputy City Manager, Captain Tarala, our lead Sergeant on Dania Pointe operations and our newly acquired Sergeant (whose expertise is vast on all things pertaining to specialized security details) joined me to discuss the new plan to raise the bar on the security/ law enforcement detail on the weekends at Dania Pointe. I am very happy to report that every suggestion my team made they accepted and their willingness to support every aspect of this operation, particularly from a monetary perspective, shows a mutual commitment to the gem that is Dania Pointe to all of us. As an example, they will be paying overtime for 10 additional BSO officers on weekends, and they will also ramp up their security details as well. Captain Tarala will go into greater detail in his report. I sent this email on Sunday and within 2 hours, a dozen individuals, 6 from Dania Pointe and 6 from our Team, immediately responded to my request and made themselves available to meet. Outstanding responsiveness from all involved. The draft design for our EOC building will be coming to the Commission at our August meeting so we may present what we believe to be a truly remarkable project, a 1st for Dania Beach. The design of this project is fully funded via a federal grant awarded to Dania Beach in 2023. The new Lucky Fish, Tiki Bar and Restaurant, has passed all the foundation and structural column inspections. Vertical construction is moving very quickly as they begin to obtain the electrical and plumbing connections at the slab. They have also recently received their fire alarm and fire suppression permits and we anticipate construction being complete by the end of the year (earliest) or beginning of the new year (latest). With the additional 100 spaces we have secured via our partnership with FAU, we look forward to a discussion with both Lucky Fish and Quarterdeck regarding some very exciting opportunities such as valet parking and other possible initiatives. City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 July 11,2024 Special Magistrate Agenda Page 1 of 4 Case # Status Hearing Type Property Address Cited Party Default Inspector 09-0247 Active H-ABATEMENT - Abatement Hearing 505 SW 12 AVE HAROLD A LE DAVIS Alberto Chavarria 2024-00000014 Active H-ABATEMENT - Abatement Hearing 224 SW 5 ST MARINA PRIME TIME LLC Alberto Chavarria 2024-00000030 Active H-EXTENSION - Extension Hearing 226 SW 16 ST WARREN DAVIS Alberto Chavarria 2024-00000395 Active H-CONFIRMATION - Confirmation Hearing 758 SW 3 PL YORK, JOHNNY R Alberto Chavarria 2024-00000616 Active H-FIRST HEARING - First Hearing 299 SW 9 ST ROBERT M YOUNG Alberto Chavarria 2024-00000681 Active H-FIRST HEARING - First Hearing 215 SW 12 AVE CLJ PROPERTY TR JACKSON CASTELLA TRSTEE Alberto Chavarria 2024-00000688 Active H-FIRST HEARING - First Hearing 610 SW 2 AVE BAILEY, DWAYE Alberto Chavarria 2024-00000725 Active H-FIRST HEARING - First Hearing 237 SW 9 ST DAMON RUSSELL Alberto Chavarria 2024-00000888 Active H-FIRST HEARING - First Hearing 49 SW 14 ST LAVI ALPHA INVESTING LLC Alberto Chavarria 2024-00000957 Active H-FIRST HEARING - First Hearing 758 SW 3 PL YORK, JOHNNY R Alberto Chavarria 2024-00000965 Active H-FIRST HEARING - First Hearing 311 SW 2 AVE ANDREW MICHAEL & LAUREN ALEXIS KLEIN Alberto Chavarria 2024-00000789 Active H-RECURRING - Recurring Hearing 113 PHIPPEN RD NATALYA DOMATOV Anson Westberry 2022-00001532 Active H-CONFIRMATION - Confirmation Hearing 222 NW 14 WAY TORRES, ANDREA ELISA TORRES, CHRISTIAN Christina Caserta 2024-00000079 Active H-CONFIRMATION - Confirmation Hearing 501 E SHERIDAN ST WBA PORTFOLIO OWNER FUND IV GALAXY LLC Christina Caserta 2024-00000138 Active H-EXTENSION - Extension Hearing 136 SE 2 CT MARTINEXM ELIZABETH H/E JIMENEZ, JOSUE O MARTINEZ Christina Caserta 2024-00000171 Active H-EXTENSION - Extension Hearing 311 SE 3 ST BLDG F MEADOWBROOK LAKES VIEW CONDO ASSN A INC Christina Caserta 2024-00000610 Active H-FIRST HEARING - First Hearing 1025 SE 2 AVE 105 TORJMAN, MAURICE Christina Caserta City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 July 11,2024 Special Magistrate Agenda Page 2 of 4 2024-00000628 Active H-FIRST HEARING - First Hearing 11 SE 2 AVE DAMSE LLC Christina Caserta 2024-00000653 Active H-FIRST HEARING - First Hearing 208 SE 4 TER YULIA BASOVA & LUIS INFANTE Christina Caserta 2024-00000908 Active H-REPEAT HEARING - Repeat Hearing 22 SW 6 AVE SABA FL PROPERTIES LLC Christina Caserta 2024-00000939 Active H-REPEAT HEARING - Repeat Hearing 22 SW 6 AVE SABA FL PROPERTIES LLC Christina Caserta 2022-00001469 Active H-CONFIRMATION - Confirmation Hearing 610 SW 2 AVE BAILEY, DWAYNE Michelle Shahryar 2023-00001164 Active H-EXTENSION - Extension Hearing 250 SW 12 ST RAMOS, OPHELIA Michelle Shahryar 2024-00000119 Active H-EXTENSION - Extension Hearing 2440 STATE RD 84 TROPICAL PARADISE RESORTS LLC Michelle Shahryar 2024-00000540 Active H-FIRST HEARING - First Hearing 3065 SW 45 ST NADER, EDGEWORTH W III NADER, ROXANA Michelle Shahryar 2024-00000626 Active H-FIRST HEARING - First Hearing 4717 SW 28 AVE ABDEL & GHADA ALDICK Michelle Shahryar 2024-00000687 Active H-FIRST HEARING - First Hearing 2797 SW 46 ST R & G DANIA BEACH LLC Michelle Shahryar 2024-00000709 Active H-FIRST HEARING - First Hearing 4421 SW 23 AVE SANDSTROM,ROBERT W H/E & SANDSTROM,DENISE Michelle Shahryar 2024-00000715 Active H-FIRST HEARING - First Hearing 2051 GRIFFIN RD 2051 GRIFFIN RD LLC Michelle Shahryar 2024-00000726 Active H-FIRST HEARING - First Hearing 2051 GRIFFIN RD 2051 GRIFFIN RD LLC Michelle Shahryar 2018-00001667 Active H-ABATEMENT - Abatement Hearing 306 NE 2 CT DENNIS MURPHY Ricky Ali 2022-00001373 Active H-CONFIRMATION - Confirmation Hearing 5860 SW 37 AVE RUZA, SARAH Ricky Ali 2023-00001497 Active H-ABATEMENT - Abatement Hearing 4601 SW 42 AVE DUBIS LEVY Ricky Ali 2024-00000247 Active H-EXTENSION - Extension Hearing 5999 SW 37 AVE SAM HOLDINGS 2000 LLC Ricky Ali 2024-00000261 Active H-EXTENSION - Extension Hearing 5813 SW 40 AVE MZ & M ENTERPRISES LLC Ricky Ali City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 July 11,2024 Special Magistrate Agenda Page 3 of 4 2024-00000572 Active H-FIRST HEARING - First Hearing 4770-4771 SW 43 AVE SANDS REAL ESTATE LLC Ricky Ali 2024-00000605 Active H-FIRST HEARING - First Hearing 5511 WOODLAND LN L'CHAIM FARM LLC Ricky Ali 2024-00000611 Active H-FIRST HEARING - First Hearing 5950 SW 40 AVE PALM TOWERS EMERALD LLC Ricky Ali 2024-00000899 Active H-FIRST HEARING - First Hearing 17 SW 8 AVE LUMAX USA LLC Ricky Ali 2021-00001500 Active H-CONFIRMATION - Confirmation Hearing 228 NW 13 CT UPPAL, POMPEE Windy Damis 2024-00000088 Active H-EXTENSION - Extension Hearing 2925 HARBOR LN THERIAULT, GUY Windy Damis 2024-00000296 Active H-EXTENSION - Extension Hearing 4991 SW 29 WAY SAM HOLDINGS 2023 LLC Windy Damis 2024-00000355 Active H-EXTENSION - Extension Hearing 5041 SW 29 WAY SPINO, ADELA MARINELA & SPINO, ZACK EDWARD Windy Damis 2024-00000439 Active H-FIRST HEARING - First Hearing 1975 STIRLING RD STIRLING CENTER PROPERTIES LLC Windy Damis 2024-00000645 Active H-FIRST HEARING - First Hearing 5417 SW 24 AVE DREZNER, BOAZ Windy Damis 2024-00000662 Active H-FIRST HEARING - First Hearing 2260 SW 51 CT SAYOUR,GEORGE E & SUSAN Windy Damis 2024-00000666 Active H-FIRST HEARING - First Hearing 5411 SW 24 AVE 5411 REALTY TR & CHAYA TAUBER TRSTEE Windy Damis 2024-00000673 Active H-FIRST HEARING - First Hearing 2897 LAKESHORE DR CALDERON, DARIO ERNESTO CALDERON, DARIO JOSE ETAL Windy Damis 2024-00000706 Active H-FIRST HEARING - First Hearing 5000 SW 24 AVE 5000 SW 24 AVE LLC Windy Damis 2024-00000710 Active H-FIRST HEARING - First Hearing 2501 SW 58 MNR TWO POINT PROPERTIES LLC Windy Damis 2024-00000730 Active H-FIRST HEARING - First Hearing 2408 SW 54 ST PADILLA, MARISOL Windy Damis 2024-00000735 Active H-FIRST HEARING - First Hearing 5800 PARK RD MASSIMILLA, ESTHER Windy Damis 2024-00000806 Active H-FIRST HEARING - First Hearing 2851 STIRLING RD STIRLING ALYA LLC Windy Damis City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 July 11,2024 Special Magistrate Agenda Page 4 of 4 2024-00000829 Active H-FIRST HEARING - First Hearing 2406 SW 54 ST PADILLA, MARISOL Windy Damis 2024-00000943 Active H-FIRST HEARING - First Hearing 4900 SW 31 AVE AG EHC 11 LIEN MULTI STATE 4 LLC ESSENTIAL HOUSING ASSET MGT LLC Windy Damis City of Dania Beach City Manager Memorandum DATE: 7/9/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: SUBJECT: Travel request to Pittsburgh, PA., to attend the 2024 ICMA Annual Conference, September 19 – 25, 2024 Request: A request for approval to attend the 2024 ICMA Annual Conference in Pittsburgh, PA., September 19-25, 2024 Background: The International City/County Management Association (ICMA) 2024 Annual Conference will be held in Pittsburgh, PA. This conference is an opportunity for City Managers to enhance leadership skills, learn from municipal experts, share ideas with peers and discuss strategies. As a credentialed manager, this conference is an opportunity to earn mandatory yearly professional continuing educational credits. Budgetary Impact The budgetary impact for travel to Pittsburgh, PA., is estimated at $3,501.40. Funding is available in the City Manager’s GL account 001-1201-512-40-10. Recommendation City Commission approval of travel to attend the 2024 ICMA Annual Conference in Pittsburgh, PA. City of Dania Beach Human Resources Memorandum DATE: 7/9/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Linda Gonzalez, SPHR, SHRM-SCP, Chief Human Resources Officer SUBJECT: Health Insurance and other Renewals Request: This memo is to serve as background and recommendation for the City’s renewal of a Medical, Dental, Vision, and Life Insurance providers, a self-insured Short-Term Disability Plan, Flexible Spending Account and Health Savings Account, and for supplemental benefits for the 2024/2025 plan year. No changes to providers or plan designs are being requested. Background: 2024-2025 Background The City’s employee benefits broker, Gehring Group, released a Request for Proposals, (RFP) for Medical Insurance, and negotiated renewals for Life and Disability coverage for which a recommendation is being made. All other coverages are in rate guarantees until at least the end of the 2024/2025 plan year and are recommended to be renewed with no changes. MEDICAL INSURANCE RATE REDUCTION FOR 24/25 PLAN YEAR Medical insurance through FMIT came in at an extremely favorable renewal for the fifth year in a row, with no voluntary changes to plan design. Overall, Medical Insurance will have a savings of $161,493, which represents a 5.6% reduction in annual premium for both the City, employees and retirees. Of the $161,493, the City will have a savings of $130,461, and team members will have a savings of $31,482, (keeping in mind the City pays 84% of employees’ premium and two thirds for retirees under 65 premium). HIGH DEDUCTIBLE HEALTH PLAN – IRS CHANGE The 2024 IRS deductible minimums for qualified High Deductible Health Plans (HDHP) increased to $1,600/$3,200 for single/family coverage, which represents a $100 maximum annual increase for the eleven (11) employees and retirees who are enrolled in the HDHP with single coverage. Therefore, the City’s HDHP Plan 5 will be modified to comply with the IRS guidelines, effective October 1, 2024. TOTAL ANNUAL HEALTH INSURANCE COSTS The projected annual cost of medical insurance for employees and retirees under 65, for the 2024/2025 plan year is $2.73 million, with the City absorbing 84% of the cost for active employees and 2/3 for non-Medicare retirees, resulting in an annual expenditure of $2.199 million. The total cost of all insurance programs concurrent with an October 1 effective/renewal date for which the City subsidizes in whole or in part is projected to be $3.11 million for FY 2024-2025 as shown in the attached Executive Summary. The City’s share of the cost is projected to be $2.54 million, with employees/retirees contributing an estimated $574,000. OTHER BENEFITS: • The City will continue to offer a $4,000 annual opt-out benefit to eligible employees • The City will continue to fund a Health Savings Account for current (9) and any new participants that elect the High Deductible Health Plan in accordance with their tier of enrollment. The City contributes half of the applicable deductible, which will increase by $50 per participant with single coverage due to the 2024 IRS deductible minimums. • The combined cost of the two previous benefits is an estimated $91,200 for the 2024/2025 plan year based on current participation. • Life and Long-Term Disability insurance through New York Life came in at a favorable renewal with no changes to benefits or rates, guaranteed through the 2026/2027 plan year. The cost for the City to continue to provide these benefits is estimated at $85,088 for the 2024/2025 plan year based on current payrolls. • Dental, Vision, and Identity Theft Insurance are all in rate guarantees with the incumbent carriers, therefore the recommendation is to retain these coverages as is. The cost to the City for these benefits is estimated to be $160,940 for the 2024/2025 plan year based on current enrollment. The City pays 84% for employees for dental and vision insurance and two-thirds for retirees. The City pays 100% of the Identify Theft benefit for employees only. • The Pet Insurance, voluntary benefit will move from the ASPCA to Met Life, since the ASPCA is moving their insurance to another carrier. Met Life offers a non-maximum plan with more flexibility for employees to choose from. NEW MENTAL HEALTH BENEFIT: The City proposes the addition of a new mental health benefit, Headspace, which will give employees access to an online/mobile resource that has proven courses and expert-led guided sessions for topics such as stress, anxiety, meditation, exercise, relaxation, sleep and other programs. This benefit will be made available to employees beginning October 1, 2024, and via a Memorandum of Understanding with the Union. This benefit will cost approximately $12,000 for the 2024/2025 plan year. BENEFITS ADMINISTRATION – GEHRING GROUP BROKER AND BENTEK BENEFITS SOFTWARE The Gehring Group continues to provide the City’s electronic benefits administration and enrollment system, Bentek, for employees and retirees, and supports the City’s Wellness programs and initiatives, which include our Health Fair and other Wellness events, as part of our overall package. The City also utilizes Bentek to report monthly and administer retirees through the General Employees Pension and Police and Fire Pension. CITY’S WELLNESS INITIATIVES The HR team with the Gehring Group and FMIT continue to have a strong presence with employees with respect to wellness initiatives. We have started Thriving Thursdays each month for the remainder of the 24 Fiscal Year, which supports employees in their overall workday. We have ongoing wellness challenges that include step challenges, biometrics, fitness, etc. that reward employees with incentives for participation. We have also included Health in our Safety Committee, now called the Health and Safety Committee, and always include the City’s Health Coach in these meetings. The City’s Health Coach is also available to meet individually with employees for their specific health needs. The City’s health plan also includes an Employee Assistance Plan (EAP) to support every employee and all members of their family with any mental health concerns and provides professional support to everyone. Benefits Program History Over the last 5 years, the City has had 4 decreases in insurance costs and 1 flat renewal. This year’s represents another decrease in medical insurance, and therefore the overall employee benefits package, even with the addition of the new mental health benefit. 2020 The City negotiated additional tiers of insurance for medical, a High Deductible Health Plan and Health Savings Account (HSA), no changes to the existing plan’s design, an Opt-out program, a decrease in City contribution from 85% to 84% for shared premiums (medical, dental, and vision), which resulted in a decrease in 6.3% in medical costs, with an overall benefits program cost savings of 2.9%. 2021 The City negotiated additional tiers of insurance for dental and vision, added leave administration through Work and Well, increased Life insurance benefits for all employees, added Long-term Disability insurance as a new City paid benefit, changed vision providers, enhanced wellness program, and conducted an Employee Wellness Event, and had a decrease of 9.9% with no changes to medical plan design, with an overall benefits program cost savings of 7.2%. 2022 The City corrected the plan to allow 27 BSO Firefighters, who had not yet retired to enter eligibility for the plan upon retirement, added Identity Theft protection as a new City paid benefit, added Voluntary Pet Insurance through the ASPCA, and had no changes to medical plan design or premium, with an overall benefits program increase of 0.4%, due to the new benefit. However, there was no increase in any health insurance plan. 2023 The City negotiated medical insurance premiums with no voluntary changes to plan design resulting in a 1.2% decrease to premiums and dental insurance for an increase of 3% for year 1 of 2, holding the increased rate until 2025/2026, with an overall benefits program cost savings of 0.9%. 2024 – (reflected in this memo) The City issued an RFP for medical insurance, which provided competitive pricing and a 5.6% reduction of premium to renew the existing program with FMIT, and is proposing a new mental health benefit, Head Space, to be provided to all non-bargained employees effective 10/1/24. With the new mental health benefit, there is an overall savings to the City across the entire benefit program of approximately $114,000. Budgetary Impact The City costs associated with the 2024/2025 agreements result in a total decrease of $126,000 or -4.7%. Funding for the proposed insurance is planned and appropriated in the budget. Recommendation It is recommended that the City Commission approve the attached resolution for the proposed health insurance coverage agreement, and proposed changes to the employee benefits package. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT THE AGREEMENT FOR RENEWAL OF THE CITY’S FULLY INSURED MEDICAL PLAN BROKERED BY THE GEHRING GROUP, AS BROKER OF RECORD FOR THE CITY OF DANIA BEACH, WITH THE FLORIDA MUNICIPAL INSURANCE TRUST, FOR INSURANCE COVERAGES BEGINNING OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025, FOR ACTIVELY WORKING AND NON-MEDICARE ELIGIBLE RETIRED EMPLOYEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach obtained the services of the Gehring Group as a Broker of Record to secure coverage for the City’s group health, dental, and vision insurance for the 2024-2025 plan year; and WHEREAS, the City Administration, based on the City’s claims experience that the Gehring Group reviewed and analyzed as well as the results of the Medical RFP, recommends that the City renew medical plans from the Florida Municipal Insurance Trust (“FMIT”), Life/AD&D and Long-Term Disability plans from New York Life. The City’s dental plan from Cigna, vision plan from EyeMed, and a Short-Term Disability plan administered by the Maxon Companies are in rate guarantee for the 2024-2025 plan year. The City will add a mental health benefit with Headspace for all employees effective October 1, 2024, via a Memorandum of Understanding with the Union; and WHEREAS, in consultation with Gehring Group, City Administration also recommends renewing the FMLA & Absence Management plan from Work & Well. The City’s Section 125 plan spending account administration with Ameriflex, and the City-paid Identity Theft solution are in rate guarantee for the 2024-2025 plan year; and WHEREAS, based on the City’s Collective Bargaining Agreement (“CBA”), the cost sharing for medical insurance premiums will remain sixteen percent (16%) for employees and eighty four percent (84%) for the City until modified by a subsequent CBA; and WHEREAS, based on current employee and non-Medicare eligible retiree census data, the City’s annual medical plan premium cost will be reduced to Two Million One Hundred Ninety- Nine Thousand One Hundred and Sixty-Two Dollars ($2,199,162); based on current employee and all eligible retiree census data, the City’s annual dental insurance premiums will remain flat at 2 RESOLUTION #2024-______ One Hundred Thirty-Three Thousand Six Hundred Fifty-Eight Dollars ($133,658); annual vision plan premium will remain flat at Fifteen Thousand Eight Hundred and Six Dollars ($15,806); annual Life/AD&D plan premium will remain flat at Fifty-One Thousand Three Hundred Fifty- Nine ($51,359) Dollars; annual Long-Term Disability plan premium will remain flat at Thirty- Three Thousand Seven Hundred Twenty-Nine ($33,729) Dollars; and annual mental health resource fees of Twelve Thousand Dollars ($12,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the proper City officials are authorized to execute appropriate documents to accept the renewal proposal of the Florida League of Cities – Florida Municipal Insurance Trust on behalf of the City to provide fully insured medical coverage to eligible employees and non-Medicare eligible retirees at the following not to exceed monthly rates: Traditional Plan Current FY 23/24 Proposed FY 24/25 Employee only $775.68 $732.24 Employee + 1 $1,529.50 $1,443.85 Family $2,347.07 $2,215.63 High Deductible Health Plan Employee only $670.21 $632.68 Employee + 1 $1,321.55 $1,247.54 Family $2,027.96 $1,914.39 Section 3.That the proper City officials are authorized to execute appropriate documents to accept the renewal of Cigna on behalf of the City to provide fully insured dental coverage to eligible employees and retirees at the following not to exceed monthly rates: 3 RESOLUTION #2024-______ Dental Plan Current FY 23/24 Proposed FY 24/25 Employee only $30.34 $30.34 Employee + 1 $72.41 $72.41 Family $108.62 $108.62 Section 4.That the proper City officials are authorized to execute appropriate documents to accept the renewal of EyeMed on behalf of the City to provide fully insured vision coverage to eligible employees and retirees at the following not to exceed monthly rates: Vision Plan Current FY 23/24 Proposed FY 24/25 Employee only $4.39 $4.39 Employee + 1 $8.33 $8.33 Family $12.24 $12.24 Section 5.That, for those employees who elect the High Deductible Health Plan, the City will provide Eight Hundred Dollars ($800.00) for employee-only coverage, and One Thousand Six Hundred Dollars ($1,600.00) for dependent coverage, in a Health Savings Account to be used to offset insurance deductibles. Section 6. That the City will provide an annual incentive of Four Thousand Dollars ($4,000.00) to employees who choose to opt out of the City’s Medical Insurance and who provide proof of other group insurance coverage. Section 7.That the proper City officials are authorized to execute appropriate documents to implement Headspace on behalf of the City to provide mental health resources to employees at an annual cost of Twelve Thousand Dollars ($12,000.00). Section 8.That funding for the cost of the City’s health insurance program package is planned and shall be charged to the individual departmental City Health Insurance expenditure accounts (23-10) for active employees and General Fund account 001-18-00-519-45-41 for retirees, respectively. 4 RESOLUTION #2024-______ Section 9. That the City Commission authorizes the City to exceed the annual vendor threshold of Fifty Thousand Dollars ($50,000.00) for the aforementioned employee benefits program components, as necessitated for fiscal year 2024-2025. Section 10.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 11.That this Resolution shall be in force and take effect on October 1, 2024. PASSED AND ADOPTED on , 2024 Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY City of Dania Beach Executive Summary 2024/2025 Plan Year Rates MEDICAL 3-TIER* PLAN 1 BASE PLAN Total Employer Employee Total Employer Employee 24 Pay ER 24 Pay EE Employee Only 9 $670.21 $562.98 $107.23 $632.68 $531.45 $101.23 $265.73 $50.61 Employee + 1 0 $1,321.55 $1,110.10 $211.45 $1,247.54 $1,047.93 $199.61 $523.97 $99.80 Employee + Family 0 $2,027.96 $1,703.49 $324.47 $1,914.39 $1,608.09 $306.30 $804.04 $153.15 Retiree Only 2 $670.21 $446.81 $223.40 $632.68 $421.79 $210.89 Retiree + 1 0 $1,321.55 $881.03 $440.52 $1,247.54 $831.69 $415.85 Retiree + Family 0 $2,027.96 $1,351.97 $675.99 $1,914.39 $1,276.26 $638.13 ANNUAL PREMIUM $88,468 $71,525 $16,943 $83,514 $67,520 $15,994 PLAN 2 BUY-UP PLAN Total Employer Employee Total Employer Employee 24 Pay ER 24 Pay EE Employee Only 50 $775.68 $651.57 $124.11 $732.24 $615.08 $117.16 $307.54 $58.58 Employee + 1 31 $1,529.50 $1,284.78 $244.72 $1,443.85 $1,212.83 $231.02 $606.42 $115.51 Employee + Family 43 $2,347.07 $1,971.54 $375.53 $2,215.63 $1,861.13 $354.50 $930.56 $177.25 Retiree Only 31 $775.68 $517.12 $258.56 $732.24 $488.16 $244.08 Retiree + 1 7 $1,529.50 $1,019.67 $509.83 $1,443.85 $962.57 $481.28 Retiree + Family 5 $2,347.07 $1,564.71 $782.36 $2,215.63 $1,477.09 $738.54 ANNUAL PREMIUM $2,803,325 $2,258,098 $545,227 $2,646,336 $2,131,642 $514,694 TOTAL ANNUAL PREMIUM $2,891,793 $2,329,623 $562,170 $2,729,850 $2,199,162 $530,688 $ INCREASE N/A N/A N/A -$161,943 -$130,461 -$31,482 % INCREASE N/A N/A N/A -5.6%-5.6%-5.6% OPT-OUT INCENTIVE Total Employer Employee Total Employer Employee Opt-Out Incentive ($4,000 Annually)21 $84,000 $84,000 $0 $84,000 $84,000 $0 ANNUAL PREMIUM $84,000 $84,000 $0 $84,000 $84,000 $0 $ INCREASE N/A N/A N/A $0 $0 $0 % INCREASE N/A N/A N/A 0.0%0.0%0.0% HSA ADMINISTRATION Total Employer Employee Total Employer Employee Single HSA ($750/$800)9 $6,750.00 $6,750.00 $0.00 $7,200.00 $7,200.00 $0.00 Family HSA ($1,500/$1,600)0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ANNUAL PREMIUM $6,750 $6,750 $0 $7,200 $7,200 $0 $ INCREASE N/A N/A N/A $450 $450 $0 % INCREASE N/A N/A N/A 6.7%6.7%0.0% DENTAL 3-TIER* Total Employer Employee Total Employer Employee 24 Pay ER 24 Pay EE Employee Only 57 $30.34 $25.49 $4.85 $30.34 $25.49 $4.85 $12.75 $2.43 Employee + 1 33 $72.41 $60.82 $11.59 $72.41 $60.82 $11.59 $30.41 $5.80 Employee + Family 46 $108.62 $91.24 $17.38 $108.62 $91.24 $17.38 $45.62 $8.69 Retiree Only 48 $30.34 $20.23 $10.11 $30.34 $20.23 $10.11 Retiree + 1 43 $72.41 $48.27 $24.14 $72.41 $48.27 $24.14 Retiree + Family 6 $108.62 $72.41 $36.21 $108.62 $72.41 $36.21 ANNUAL PREMIUM $172,045 $133,658 $38,387 $172,045 $133,658 $38,387 $ INCREASE N/A N/A N/A $0 $0 $0 % INCREASE N/A N/A N/A 0.0%0.0%0.0% VISION 3-TIER* Total Employer Employee Total Employer Employee 24 Pay ER 24 Pay EE Employee Only 54 $4.39 $3.69 $0.70 $4.39 $3.69 $0.70 $1.84 $0.35 Employee + 1 33 $8.33 $7.00 $1.33 $8.33 $7.00 $1.33 $3.50 $0.67 Employee + Family 46 $12.24 $10.28 $1.96 $12.24 $10.28 $1.96 $5.14 $0.98 Retiree Only 48 $4.39 $2.93 $1.46 $4.39 $2.93 $1.46 Retiree + 1 39 $8.33 $5.55 $2.78 $8.33 $5.55 $2.78 Retiree + Family 7 $12.24 $8.16 $4.08 $12.24 $8.16 $4.08 ANNUAL PREMIUM $20,355 $15,806 $4,549 $20,355 $15,806 $4,549 $ INCREASE N/A N/A N/A $0 $0 $0 % INCREASE N/A N/A N/A 0.0%0.0%0.0% BASIC LIFE Total Employer Employee Total Employer Employee Basic Life Rate/$1,000 $0.180 $0.180 $0.000 $0.180 $0.180 $0.000 Basic AD&D Rate/$1,000 $0.020 $0.020 $0.000 $0.020 $0.020 $0.000 Total Rate/$1,000 $0.200 $0.200 $0.000 $0.200 $0.200 $0.000 Life and AD&D Volume $21,399,500 $21,399,500 $21,399,500 $21,399,500 $21,399,500 $21,399,500 ANNUAL PREMIUM $51,359 $51,359 $0 $51,359 $51,359 $0 $ INCREASE N/A N/A N/A $0 $0 $0 LONG-TERM DISABILITY Total Employer Employee Total Employer Employee Total Rate/$100 $0.320 $0.320 $0.000 $0.320 $0.320 $0.000 Long-Term Disability Volume $878,369 $878,369 $878,369 $878,369 $878,369 $878,369 ANNUAL PREMIUM $33,729 $33,729 $0 $33,729 $33,729 $0 $ INCREASE N/A N/A N/A $0 $0 $0 ID THEFT Total Employer Employee Total Employer Employee PEPM 154 $6.21 $6.21 $0.00 $6.21 $6.21 $0.00 ANNUAL PREMIUM $11,476 $11,476 $0 $11,476 $11,476 $0 $ INCREASE N/A N/A N/A $0 $0 $0 HEADSPACE Total Employer Employee Total Employer Employee PEPY 79 N/A N/A N/A $50.00 $50.00 $0.00 ANNUAL PREMIUM $0 $0 $0 $3,950 $3,950 $0 $ INCREASE N/A N/A N/A $3,950 $3,950 $0 TOTAL PROGRAM SUMMARY Total Employer Employee Total Employer Employee TOTAL MONTHLY PREMIUM $272,626 $222,200 $50,425 $259,497 $211,695 $47,802 TOTAL ANNUAL PREMIUM $3,271,508 $2,666,402 $605,106 $3,113,964 $2,540,340 $573,624 $ INCREASE N/A N/A N/A -$157,543 -$126,061 -$31,482 % INCREASE N/A N/A N/A -4.8%-4.7%-5.2% *Enrollment is for illustrative purposes only. Total premium will change based on final enrollment. FMIT Choice Plus HDHP Plan 005 FMIT Choice Plus HDHP Plan 005 FMIT Choice Plus Traditional Plan 002 FMIT Choice Plus Traditional Plan 002 IDX IDX 2023-2024 Plan Year 2024-2025 Plan Year CURRENT RENEWAL 84/16 All Active Tiers 84/16 All Active Tiers Cigna Cigna Current Renewal NVA EyeMed New York Life New York Life New York Life New York Life IDX IDX 1 City of Dania Beach Active Employee Insurance Premium Comparison 2024 to 2025 All Active Employees - Per Pay Period Enrollment Tier FMIT Plan 2 2023-2024 FMIT Plan 2 2024-2025 FMIT Plan 5 2023-2024 FMIT Plan 5 2024-2025 Dental PPO 2023-2024 Dental PPO 2024-2025 Vision 2023-2024 Vision 2024-2025 Employee Only $62.05 $58.58 $53.62 $50.61 $2.43 $2.43 $0.35 $0.35 Employee + 1 $122.36 $115.51 $105.72 $99.80 $5.80 $5.80 $0.67 $0.67 Employee + Family $187.77 $177.25 $162.24 $153.15 $8.69 $8.69 $0.98 $0.98 City Contribution - Per Pay Period Enrollment Tier FMIT Plan 2 2023-2024 FMIT Plan 2 2024-2025 FMIT Plan 5 2023-2024 FMIT Plan 5 2024-2025 Dental PPO 2023-2024 Dental PPO 2024-2025 Vision 2023-2024 Vision 2024-2025 Employee Only $325.79 $307.54 $281.49 $265.73 $12.75 $12.75 $1.84 $1.84 Employee + 1 $642.39 $606.42 $555.05 $523.97 $30.41 $30.41 $3.50 $3.50 Employee + Family $985.77 $930.56 $851.79 $804.04 $45.62 $45.62 $5.14 $5.14 City of Dania Beach Public Services Memorandum DATE: 7/9/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer Akin Ozaydin, P.E., Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR GRIFFIN ROAD MEDIAN SECTIONS EAST OF INTERSTATE 95 TO US1 (FEDERAL HIGHWAY) Request: The Public Services Department (PSD) requests the adoption of a resolution authorizing the execution of an MMOA with the FDOT for providing maintenance to the eastern segment of Griffin Road medians that will be substantially upgraded by the continuing implementation of the Landscape Master Plan (LMP). Background: The ongoing LMP will next focus on upgrading the east side of Griffin Road (east of I95 to Federal Highway). These medians will be enhanced significantly by the addition of various tree, palms and shrubs species, following the design of the LMP. While the maintenance boundaries and scope will remain largely the same, a modified MMOA is required between the City and FDOT. Budgetary Impact There is no budgetary impact, as the landscape maintenance of these median sections is already being provided by the City’s current landscape contractor. Recommendation The Public Services Department recommends the City Commission adopt a resolution authorizing the execution of the MMOA with FDOT for the City’s maintenance of the landscape medians on Griffin Road east of Interstate 95. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR MAINTENANCE OF THE LANDCAPING ALONG THE GRIFFIN ROAD MEDIANS EAST OF INTERSTATE 95 (I95) TO US 1/FEDERAL HIGHWAY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in fiscal year 2022 the City embarked on the design and implementation of a citywide Landscape Master Plan (LMP); and WHEREAS, the second and final section to be completed along the Griffin Road (SR 818) corridor is now designed and the procurement process to bid out the landscape improvement work is under way; and WHEREAS, the current MMOA between FDOT and the City will require modification due to the median landscaping improvements, which include new trees, palms, and shrub plants; and WHEREAS, the modified agreement, which applies to the median sections east of I95 up to the US 1 is attached as “Exhibit A”. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That that the MMOA with FDOT attached in substantial form as Exhibit “A” is approved, in connection with the maintenance of the Griffin Road/SR 818 landscaped medians. Section 2.That the City Manager and City Attorney are authorized to make minor revisions to such MMOA as are deemed necessary and proper for the best interests of the City. Section 3.That all Resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4.That this Resolution shall be effective 10 days after passage. 2 RESOLUTION #2024-______ PASSED and ADOPTED on , 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY City of Dania Beach Public Services Memorandum DATE: 7/9/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Service Director Dincer A. Ozaydin,P.E., Deputy Director/City Engineer SUBJECT: APPROVAL OF A PURCHASE ORDER CHANGE FOR THE PURCHASE OF A CRANE TRUCK UTILIZING FSA CONTRACTS Request: The Public Services Department (PSD) is requesting a change order to purchase a crane truck for the sewer and stormwater divisions. This purchase was previously approved utilizing the Florida Sheriff’s Association Contract FSA23-VEH21.0. Background: The City Commission approved Resolution No. 2023-004 on January 24, 2023, for the purchase of a crane truck in the amount of $219,556.00; however, after the approval to purchase, SBL Freightliner advised that the 2024 model year chassis could not be built and provided a quote for a 2025 model year chassis. This change was accompanied by a substantial cost increase. Furthermore, the vendor could not guarantee delivery within the fiscal year. To ensure the timely delivery of the truck, PSD needed to select a different chassis from another vendor. This change will allow for the new crane truck to be mounted on an F-550 chassis which will result in a $189,261 cost, representing a substantial savings. Budgetary Impact Due to the change in vendor and chassis, the cost of this crane truck has been reduced from $219,556 to $189,261.00. Funding to be returned to the Fleet M&E Vehicles Account No. 402- 35-02-535-64-20. Recommendation Public Services recommends City Commission approval of a change order to purchase this F-550 crane truck from Palmetto Ford. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF A CRANE TRUCK IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED SIXTY ONE DOLLARS ($189,261.00) FROM PALMETTO FORD, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE FLORIDA SHERIFFS ASSOCIATION (“FSA”) CONTRACT FSA23-VEH21.0; 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 (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he/she is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months by other government agencies such as the federal government, state of Florida or a Florida municipality or county; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold or limitation at $50,000.00; and WHEREAS, the Public Services Department received approval to purchase a crane truck as part of Resolution No. 2023-004 on January 24, 2023, for a not-to-exceed amount of $219,556.00; and WHEREAS, the original purchase cannot be completed due to supply chain shortages, and the order has subsequently been cancelled by the vendor; and WHEREAS, the Public Services Department has determined that the best course of action is to purchase a compatible but different chassis from a different vendor Palmetto Ford, which will be delivered on a timely basis and at a lower cost; and WHEREAS, the City Administration recommends approval of the purchase of a crane truck utilizing the FSA Contract FSA23-VEH21.0 from Palmetto Ford. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION #2024-______ Section 1.That the foregoing “Whereas” clauses are ratified and confirmed as being true and correct and they are made a specific part of and incorporated into this Resolution by this reference. Section 2.That the City Commission authorizes the proper City officials to execute documents as necessary for the purchase of the crane truck in the amount of $189,261.00, in accordance with the FSA contract pricing attached as “Exhibit A,” which is made a part of and incorporated into this Resolution by this reference. Section 3.That due to cancellation of the original order, funding in the amount of the purchase is appropriated and available in Vehicle Capital Purchases Account No. 402-35-02-535- 64-20 (50%) and 403-38-01-538-64-20 (50%). Section 4.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5.That this Resolution shall become effective within ten (10) days of its passage and adoption. PASSED AND ADOPTED on __________________, 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Palmetto Ford of Miami 7245 NW 36 Street Miami, Florida 33166 305-470-1334 / 305-972-7133 cell crodgers@palmettofordtrucks.com FLORIDA SHERIFFS ASSOCIATION PRICE SHEET Bid / Contract #:FSA23-VEH21.0 Purchaser:CITY OF DANIA BEACH Date:05/04/2024 Address:1201 STIRLIING ROAD Phone:954-924-6808X3744 City:DANIA BEACH, FL. 33004 YAMIL LOBO ylobo@daniabeachfl.gov Base Model:SPEC 31 - 2024 F550 SUPER CAB 4X4 (X5H)Price:$62,215.00 Inc.AM / FM / BLUETOOTH RADIO, AIR CONDITIONING Exterior / Interior Color:WHITE / GRAY VINYL / HD VINLY FLOOR COVERING Delivery Info:ESTIMATED AT 30 WEEKS FROM RECEIPT OF ORDER Option #660A - XL TRIM PACKAGE Price:$0.00 Option #99T - 6.7L V-8 DIESEL ENGINE Price:$0.00 Option #44G - 10 SPEED AUTOMATIC TRANSMISSION Price:$0.00 Option #18B - CAB STEPS Price:$414.00 Option #43C - FACTORY 120V / 400 WATT OUTLET IN CAB Price:$163.00 Option #52B - FACTORY ELECTRIC TRAILER BRAKE CONTROLLER Price:$0.00 Option #535 - FACTORY HIGH CAPACITY TRAILER TOW PACKAGE Price:$539.00 Option #62R - TRANSMISSION WITH PTO PROVISION - INC. WITH 99T DIESEL ENGINE Price:$0.00 Option #67B - 410 AMP ALTERNATOR - REQ. OPTION # 43C 120V / 400 WATT OUTLET Price:$107.00 Option #68M - 19,500 GVWR PACKAGE. INC. X4L - 4.30 L/S AXLE. REQ. OPTION # 535 Price:$1,074.00 Option #76C - FACTORY BACK UP ALARM Price:$163.00 Option #872I - FACTORY BACK UP CAMERA AND INSTALLATION Price:$646.00 Option #90L - POWER GROUP, INC. DOOR LOCKS, WINDOWS, MIRROR Price:$0.00 Option #COMP-2 - BOSS 10221 UNDERDECK PTO DRIVEN AIR COMPRESSOR, REEL-Price:$28,863.00 Option #CRAFT 50' X 1/2" HOSE REEL, ROLLER FAIRLEAD THROUGH RIGHT REAR Price:$0.00 Option #COMPARTMENT, FLR SYSTEM Price:$0.00 Option #CA84 - 84" CAB TO AXLE Price:$167.00 Option #CRANE-7 - STELLAR 7630 44K FT. LB. 7,000 CAPACITY HYDRAULIC CRANE,Price:$34,638.00 Option #WIRELESS REMOTE, BACK UP PENDANT CONTROL 30' REACH Price:$0.00 Option #CRANE-BOD7 - KNAPHEIDE KMT1 6132DLR-44K 11' CRANE BODY, TORQ-Price:$58,167.00 Option #ISOLATOR, CRANE SUPPORT SYSTEM, (6) RESSESED CARGO TIE DOWNS Price:$0.00 Option #IN FLOOR, LED LIGHT PACKAGE, 21" WORK SURFACE REAR BUMPER WITH Price:$0.00 Option #THRU COMPARTMENT, VISE, PLATE, HYD. PUMP FOR CRANE, HYD. RESER-Price:$0.00 Option #VOIR GUARD, MASTER LOCKING SYSTEM, CAB PROTECTOR, (4) WORK Price:$0.00 Option #LIGHTS, HYD. OUTRIGGERS, 44"H SIDE PACKS, 60"H SIDE PACK RIGHT Price:$0.00 Option #FRONT VERTICAL COMPARTMENT, GAS BOTTLE RETAINER, VENTED TOP Price:$0.00 Option #AND BOTTOM, SEVEN DRAWER UNIT. REQ. CA84 - 84" CAB TO AXLE, 68M Price:$0.00 Option #19,500 GVWR PACKAGE Price:$0.00 Option #FCSS - FOUR CORNER SPLIT WHITE / AMBER LED STROBES Price:$690.00 Option #SLINER - SPRAY LINER IN CARGO AREA, COMPARTMENT TOPS AND TOP OF Price:$2,138.00 Option #REAR BUMPER Price:$0.00 Option #TGM - LT225/70R19.5G A/T REAR TIRES Price:$177.00 Option #TOWPKG - TOWING PACKAGE, INC. 7 WAY PLUG, HITCH RECEIVER AND Price:$1,100.00 Option #2 5/16" BALL / PINTLE COMBO (DISCOUNTED PRICE)Price:$0.00 Notes:PALMETTO FORD OF MIAMI PRICE ADJUSTMENT -$2,000.00 $189,261.00 Total Price of Multiple Units - Quantity:1 $189,261.00 Price of Base Unit and all Selected Options: City of Dania Beach City Attorney Memorandum DATE: 7/9/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Eve A. Boutsis, City Attorney SUBJECT: F.S. Chapter 164 Payment Dispute - Hollywood LUA Request: Approve the resolution authorizing the Chapter 164, Florida Statutes, alternative dispute resolution process for governmental entities. Background: I. Background: During the June 11, 2024 City Commission meeting the City provided consensus to initiate next steps in the Hollywood Large User Wastewater Agreement collection process. The next step is to issue a resolution pursuant to the Authority of Florida Statutes Chapter 164, authorizing the City to issue a letter to the City of Hollywood that would trigger the mandatory request for an alternative dispute resolution process to have the parties meet and try to resolve their dispute. If the process comes to impasse, then the City is authorized to file suit to collect what it believes it is owed due to Hollywood’s overcharges. II. City of Hollywood overcharges under the Large User Wastewater Agreement. In 1990, the City of Dania Beach entered into a Large User Agreement along with several area cities, and Broward County for the City of Hollywood to provide sewer services. Hollywood built and owns the Wastewater Plant (known as the Southeast Regional Water and Sewer Plant) with funds from the federal government, and a condition of those funds was providing services for others. Also, Hollywood, pursuant to the bond documents, was supposed to charge each of the Large Users its accurate share of costs without any markup or profit. Each year, Hollywood charges Dania Beach and the other users for these sewer services, and then adjusts the costs after the fiscal year to reflect actual costs. Over ten years ago the City of Pembroke Pines identified overcharges and attempted to work with Hollywood to recover these charges, but Hollywood did not cooperate. When negotiations failed the parties litigated the dispute. In 2023, the City of Pembroke Pines obtained a judgment that Hollywood was overcharging Pembroke Pines for certain categories of charges. The Court ordered that the Large User Agreement did not allow Hollywood to add what it called surcharges to the debt payments (payments toward the bonds), and that the formula used to allocate shares of costs was almost double what it should be under the bond documents. That decision is currently on appeal and may take up to two years to obtain a final decision. As the City of Dania Beach’s Agreement is the same as Pembroke Pines’ Large User Agreement, the City of Dania Beach hired the same finance expert as utilized by Pembroke Pines to analyze the City of Dania Beach’s payments to Hollywood. Additionally, the Large User Agreement adds a “Replacement and Renewal Charge” of 10% on top of the total charges made to a Large User. The Court also found this charge to be inconsistent with the bond documents. The Expert has completed his calculations and confirms that the debt surcharges is approximately $200,000 per year. In sum, Hollywood is charging more than the actual cost of sewer services, and Pembroke Pines has requested Hollywood to stop doing so but they have refused. III. Timing issues The City of Dania Beach Large User Waste Water Agreement with Hollywood is substantially the same as the Pembroke Pines agreement with Hollywood. Were the City to sue, it would only be able to look back for reimbursement as to the past five years of overpayments due to the five year statute of limitations imposed under Florida law. As Pembroke Pines sued some 10 years ago, they can collect for the 10 years. If a stay were agreed to by the parties, the city could seek the past 5 years’ overpayments, and all future overpayments/surcharges. Otherwise, until a lawsuit is filed the five-year limitation period is not yet recognized, meaning, more payments are unrecoverable. The five years starts from date of filing the complaint. As you are aware, approximately two months ago, in an effort to work with the City of Hollywood, Ms. Ana Garcia issued a letter requesting that the City of Hollywood acknowledge the City’s request to stay the statute of limitations, and to allow the appeal process for the Pembroke Pines case to be resolved. And, in theory, to allow the parties to rely on the appellate decision in that case. If Pembroke Pines were to prevail, then Hollywood would abide by that decision and reimburse the City of Dania Beach accordingly. If the appellate court reversed its decision, then the City of Dania Beach would abide by that decision and would not receive any reimbursement. This stay, or tolling of the statute of limitations, would have allowed the parties to rely on the Appellate decision, and not have the parties actively litigating the overcharges. We asked the City of Hollywood's city manager to agree with us that we could wait until the appeal is over before suing them (which would hopefully then be unnecessary) and freeze the statute of limitations so that no money would be lost. The City Manager and the City Attorney of Hollywood would not agree to toll the statute of limitations and placed the City of Dania Beach’s request on the June 5th, 2024 City Commission agenda. Mr. Gonzales, the City Attorney for Hollywood withdrew the item from consideration during the City Commission meeting, and did not afford the City of Dania Beach an opportunity to speak on our request. Please note, that in addition to the above charges, Hollywood is now trying to change its 18.5% allocation charge to 22%. The court, however, reduced that allocation to 9.8%, and held that they could not increase the percentage without an amendment. In addition to the improper debt surcharge on actual debt charges, the City of Hollywood’s calculations of wastewater flow are being calculated erroneously to the detriment of City of Dania Beach’s residents and is charging for taxes in excess of those allowed by law and the LUA. The City of Dania Beach has put the City of Hollywood on notice of a dispute under the Large User Agreement as to this additional charge. The Notice is to inform the City of Hollywood that Hollywood is charging costs in excess of actual costs under the LUA for the following categories: 1. Debt Service overcharges by increasing the debt service payments due to lenders beyond actual charges; 2. Renewal, Replacement, and Improvement Account Overcharges; 3. Operation and Maintenance Costs Overcharges; and 4. Reduction of allocation expenses from 18.5 to 9.8%. All of these charges may actually increase the overcharge beyond the $200,000.00, per year, estimate prepared by the City’s expert. IV. Conclusion: At this point the City is required to request Hollywood to participate in a Florida Statutes, Chapter 164 alternative dispute resolution process for municipalities. This statutes provides for a public mediation process, literally having negotiations in the public. This process can be a time- consuming procedure and is legal in nature. No lawsuit can be filed until the public meetings are held trying to resolve these issues. This process would take a minimum of four (4) months, with the City Commission for Dania Beach passing a Resolution that starts the process rolling. If there is no resolution under the 164 process, then a complaint could be filed, and the City could ask the court to stay – or hold the complaint in abeyance until the appellate court rules. That request has a good probability of success but cannot be guaranteed. Based upon the foregoing, the request is for the City Commission to approve the attached resolution. Budgetary Impact Recommendation To approve the resolution to proceed with the F.S. Chapter 164 Legal Process RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTED PURSUANT TO §164.1052, FLORIDA STATUTES, DECLARING THE INTENT OF THE CITY COMMISSION TO INITIATE CONFLICT RESOLUTION PROCEDURES AS SET FORTH IN CHAPTER 164, FLORIDA STATUTES; FINDING THAT A CONFLICT EXISTS WITH THE CITY OF HOLLYWOOD, FLORIDA, ARISING FROM THE LARGE USER AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD, DATED SEPTEMBER 28, 1990, RELATED TO THE FY 2018 - 2022 "TRUE-UP" PAYMENTS FROM THE CITY OF DANIA BEACH TO THE CITY OF HOLLYWOOD AND HOLLYWOOD'S PROPOSED INCREASE TO THE LARGE USER WASTEWATER MONTHLY INCREASE CHARGES; DIRECTING THE CITY MANAGER TO PREPARE AND FORWARD A CERTIFIED COPY OF THIS RESOLUTION AND THE REQUIRED CERTIFIED LETTER TO THE CITY MANAGER FOR THE CITY OF HOLLYWOOD AND OTHER GOVERNMENTAL UNITS PURSUANT TO SECTION 164,1052, FLORIDA STATUTES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 28, 1990, the City of Dania Beach, other neighboring municipalities, and Broward County entered into a Large User Agreement ("LUA") with the City of Hollywood, Florida providing for the utilization of a common area-wide wastewater collection, treatment and disposal facility; and WHEREAS, the LUA provides for annual "true-up" payments; and WHEREAS, Dania Beach received annual True Up Reports from Hollywood that adjust for previous estimated expenses and either seek an additional payment or identify a credit for the preceding fiscal year; and WHEREAS, on or about October, 2023, and thereafter, Dania Beach advised Hollywood that Hollywood was charging Dania Beach more than actual costs for certain expenses, identified in further detail below; and WHEREAS, on or about October 2023, and thereafter, Hollywood advised Dania Beach that the "Large User Wastewater Monthly Billing Rate" would be adjusted unilaterally changing the analysis relating to transmission; and WHEREAS, Hollywood has no right to make unilateral changes to the LUA; and 2 RESOLUTION #2024-______ WHEREAS, the City of Pembroke Pines has litigated substantially the same issues, and the judgment rendered in that case is on appeal; and WHEREAS, Dania Beach has attempted to work with Hollywood, including requesting a tolling of the statute of limitations until the appeals court renders a decision in the Pembroke Pines case, but Hollywood has rebuffed or denied any cooperation; and WHEREAS, Dania Beach seeks repayment of overcharges by Hollywood in the following categories under the Large User Agreement: 1) Debt Service Charges (the 10% and 15% surcharges); 2) the Allocation Percentage; 3) Operation and Maintenance Costs 4) Payment in Lieu of Taxes and 5) application of the Renewal, Replacement, and Improvement Accounts Contributions; and also seeks to negate Hollywood's intent to unilaterally modify the analysis and charge a higher rate for the Allocation Percentage in the future; and WHEREAS, the Chapter 164 letter is attached as Exhibit A, and set forth Dania Beach's categories of repayment; and WHEREAS, notwithstanding its objections, Dania Beach, in accordance with the LUA and in a good faith effort to resolve its disagreement with Hollywood, continues to remit the payments demanded by Hollywood; and WHEREAS, the City of Dania Beach has asked the City of Hollywood to toll the statue of limitations for any claims arising under the LUA until after the litigation between Hollywood and the City of Pembroke Pines is resolved on appeal; and WHEREAS, the City of Dania Beach now seeks to initiate the conflict resolution proceedings with the City of Hollywood pursuant to Ch. 164, F.S., in an effort to address all issues set forth in the Objection Letter; and WHEREAS, Chapter 164, Florida Statutes, entitled the "Florida Governmental Conflict Resolution Act," ("Act") provides that governmental entities in dispute must attempt to negotiate their differences in these types of matters pursuant to the procedures outlined in the Act prior to initiating court proceedings regarding the conflict; and WHEREAS, Section 164.1052, F.S., requires the governing body of the government entity initiating the conflict resolution procedures to adopt a resolution expressing its intent to initiate such procedure; and 3 RESOLUTION #2024-______ WHEREAS, the City Commission of the City of Dania Beach finds that it is in the best interests of the citizens and residents of the City to Initiate conflict resolution proceedings with the City of Hollywood pursuant to Ch. 164, F.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the foregoing 'WHEREAS" clauses are hereby ratified and confirmed as being true and correct and hereby incorporated herein. Section 2.That the City Commission of the City of Dania Beach, Florida, hereby expresses its intent to initiate the conflict resolution procedures pursuant to Section 164.1052, F.S., with the City of Hollywood concerning the disagreement between the City of Dania Beach and the City of Hollywood regarding the True Up Reports Payments and Credits. Section 3.That the City Commission of the City of Dania Beach finds that it has a conflict with the City of Hollywood, Florida concerning the LUA. The specific issues serving as the basis for this conflict are set above in the WHEREAS clauses. Section 4.That the City Commission of the City of Dania Beach, Florida, hereby directs the City Manager to forward a certified copy of this Resolution, as well as the required Conflict Resolution Letter, to the City Manager for the City of Hollywood, within five (5) days of adoption of this Resolution, by certified mail, return receipt requested, pursuant to §164,1052(1),F.S. The Conflict Resolution Letter shall include all items required by §164.1052(1), Florida Statutes, including without limitation: a. Description of the conflict between the City of Dania Beach and the City of Hollywood; b. List of the governmental entities with which the City of Dania Beach has a conflict; c. The City of Dania Beach' justification for initiating the conflict resolution procedures of the Act; d. A proposed date and place for the Conflict Assessment Meeting required by §164.1053, F.S.; e. Suggestions as to which individuals should be in attendance at the Conflict Assessment Meeting. 4 RESOLUTION #2024-______ The City Manager is further directed to send a copy of the letter to any other state, county or other local governmental entity, including all parties to the LUA, that may have a role in implementing any terms of any settlement arising out of the Conflict Assessment Meeting, or whose interests may be substantially affected by the resolution of the conflict, or any other governmental unit the City Manager deems appropriate. Section 5.That the appropriate City officials are hereby authorized and directed to take all steps necessary to effectuate this Resolution. Section 6.That all Resolutions or parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. Section 7.That if any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Resolution. Section 8.That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on , 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ SIGNATURE PAGE TO FOLLOW 5 RESOLUTION #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 | P a g e _________________________, 2024 Via Email: gkeller@hollywoodfl.org and: U.S. Certified Mail, No. _____ George Keller, City Manager As Chief Administrative Official for City of Hollywood, Florida 2600 Hollywood Boulevard Hollywood, FL 33020-4807 Subject: Chapter 164 Resolution; Dispute with Payments Under the LUA Dear City Manager Keller: In accordance with the provisions of Florida Statutes Ch. 164, please see the enclosed Resolution that begins the process for resolution, where possible, of the disputes between the City of Dania Beach and the City of Hollywood. In accordance with the terms of the statute, please see the following: A. The Nature of the Dispute: The City of Dania Beach disputes the accuracy of the following, and seeks refunds of the overcharges for each category: 1) Debt Service Charges (the 10% and 15% surcharges); 2) the Allocation Percentage; 3) Operation and Maintenance Costs 4) Payment in Lieu of Taxes and 5) application of the Renewal, Replacement, and Improvement Accounts Contributions. We also seek a declaration that Hollywood's intent to unilaterally modify the analysis and charge a higher rate for the Allocation Percentage in the future is invalid. To the extent other overcharges are identified that are not actual costs, we would seek to reconcile our opinions and reach a resolution. B. The List of Government Entities with Whom the City of Dania Beach has a Conflict: The City of Hollywood, Florida. C. The Justification for Initiating the Conflict Resolution Procedures of the Act: The City of Dania Beach believes that Hollywood is overcharging for wastewater services which should be charged at actual cost under the Large User Agreement and has been unsuccessful in having Hollywood engage in discussions to address these concerns or toll the statute of limitations pending the disposition of an appeal on similar issues arising under this same Large User Agreement. 2 | P a g e D. A Proposed Date and Place for the Conflict Assessment Meeting Required by Section 164.1053 Fla. Stat.: As required, a date is being chosen within ten days of the passing of the Resolution: [INSERT DATE AND LOCATION FOR MEETING BETWEEN THE TWO CITY MANAGERS OR THEIR DELEGEES] E. Suggestions as to which individuals should be in attendance at the Conflict Assessment Meeting. It is suggested that the City Managers and the personnel in charge of reviewing and reconciling True Up Reports attend. Of course, if Hollywood prefers to mediate these issues in lieu of a Chapter 164 proceeding, as is allowed by agreement under the statute, please let us know. We look forward to hearing from you. Sincerely, Ana M. Garcia, ICMA-CM City Manager, Dania Beach cc: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eve A. Boutsis, City Attorney Frank DiPaolo, Chief Financial Officer City of Pembroke Pines, City of Hallandale Beach Town of Pembroke Park City of Miramar City of Dania Beach Finance Memorandum DATE: 7/9/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Frank DiPaolo, Chief Financial Officer SUBJECT: A Resolution establishing the preliminary non-ad valorem assessment rate for Fire Protection Services for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025 Request: The Finance Department requests approval of a Resolution establishing preliminary non-ad valorem assessment rates for Fire Protection Services for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025. Background: Since fiscal year 1997-1998, the City has levied an annual assessment to fund a portion of the costs for its Fire Protection Services. The budget and the City’s call data was reviewed by the City’s rate consultant, Raftelis Financial Consultants, to provide the assessment rates for the upcoming fiscal year. No EMS costs are funded with revenue from the special assessment. The attached Preliminary Assessment Resolution sets forth the proposed assessment rates for the Fiscal Year 2024-2025. It also provides for a public hearing for the adoption of the final assessment roll for Wednesday, September 12th, 2024, and for notice for such hearing. The September 12th meeting is noticed through the annual TRIM (Truth in Millage) notices forwarded by the Broward County Property Appraiser’s Office to all property owners, as well as published notice by the City Clerk. State law requires the City to conduct a public hearing to levy the special assessment, with no less than twenty (20) days’ notice of the public hearing. This year, the City utilized the services of Raftelis to prepare the annual methodology report, and the methodology used for the 2024-25 special assessment is the same as the previous year. A review was conducted in 2021 that resulted in a minor change in the methodology. The apportionment of costs was modified to provide for a more equitable sharing of costs among commercial and warehouse properties, especially those with higher square footage. This methodology accurately reflects the nature of Fire Protection Services provided by the City, including both call volume and property type. Below is the comparative rate table for all property types: Category FY2024 Rate FY2025 Rate Difference Acreage $72.14 $85.23 + $ 13.09 Commercial $0.4100 $0.4213 + $ 0.0113 Residential $218.16 $241.05 + $ 22.89 Warehouse/Industrial $0.0300 $0.0488 + $ 0.0188 The residential assessment rate will increase by $22.89 per residential unit, and this is primarily due to call volume and a higher demand for services. Rates for the commercial and warehouse/industrial categories have also increased somewhat, while the acreage rate increased significantly due to a shift in call volume. Budgetary Impact According to the consultant’s methodology report, the maximum Fire Services assessable costs are estimated to be $9,141,077. Finance recommends assessing for approximately 92% of costs, resulting in a net budgeted levy of $7,500,000. The remaining costs of the Fire Protection budget, and all costs of EMS, will be funded by sources other than the special assessment. Recommendation Recommend that the City Commission adopt the Resolution establishing the preliminary non-ad valorem assessment rate for Fire Protection Services for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE ASSESSMENTS AND THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING AUTHORITY; PROVIDING FOR PROVISION AND FUNDING OF FIRE SERVICES; PROVIDING FOR IMPOSITION AND COLLECTION OF SUCH ASSESSMENTS; PROVIDING LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT; PROVIDING UPDATED ASSESSMENT CALCULATIONS; ESTABLISHING PRELIMINARY NOT-TO-EXCEED ASSESSMENT RATES FOR FIRE ASSESSMENTS TO PROVIDE FOR THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; DIRECTING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF MAILED AND PUBLISHED NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in July of 1996, the City of Dania Beach ("City") implemented a Fire Rescue Assessment to provide a portion of the funding for the City's fire rescue services and facilities with the adoption of Ordinance No. 10-96, subsequently codified as Chapter 23, Article VIII of the City of Dania Beach Code of Ordinances (the "Fire Assessment Ordinance"), and imposed fire rescue assessments for Fiscal Year 1997-1998 with the adoption of Resolution No. 63-96 also referred to as Resolution No. 1996-063 (the 'Initial Assessment Resolution") and Resolution No. 72-96 also referred to as Resolution No. 1996- 72 (the "Final Assessment Resolution", and together with the Initial Assessment Resolution, the "Initial Resolutions"); and WHEREAS, the Fire Assessment Ordinance sets forth the process for annual administration of the Fire Rescue Assessments which includes adoption of (i) a Preliminary Rate Resolution describing the method of assessing fire rescue costs against Assessed Property located within the City, directing the preparation of an Assessment Roll, authorizing a public hearing and directing the provision of notice of such hearing, and (ii) an Annual Rate Resolution adopting the final assessment rates and directing billing and collection of the Fire Rescue Assessments for the forthcoming Fiscal Year; and 2 RESOLUTION #2024-______ WHEREAS, in each year subsequent to 1996, the City has adopted the annual resolutions required by the Fire Assessment Ordinance for annual imposition and collection of the Fire Rescue Assessments; and WHEREAS, to facilitate the understanding of the public and simplify the administration of the Fire Rescue Assessments, the City adopted Resolution No. 2017-084 and Resolution No. 2017-105 (collectively, the "2017 Resolutions") which superseded and supplanted all prior resolutions adopted pursuant to the Fire Assessment Ordinance without affecting the validity or effectiveness of any of the Fire Rescue Assessments adopted and imposed by such prior resolutions; and WHEREAS, in each year subsequent to 2017, the City has adopted Preliminary Rate Resolutions and Annual Rate Resolutions in accordance with the requirements of the Fire Assessment Ordinance (such resolutions, together with the 2017 Resolutions, are referred to herein as the "Prior Assessment Resolutions"); and WHEREAS, the City engaged the rate consulting firm Raftelis Financial Consultants, Inc. ("Raftelis") to prepare a study updating the data and methodology used by the City to calculate the Fire Rescue Assessment imposed against each property; and WHEREAS, a copy of the FY 2025 Fire Services Assessment Study prepared by Raftelis (the "2024 Methodology Study") is attached hereto as Exhibit A; and WHEREAS, the City Commission of the City of Dania Beach, Florida, deems it to be in the best interest of the citizens and residents of the City of Dania Beach to adopt this Preliminary Rate Resolution to begin the process of imposing Fire Rescue Assessments and approving and certifying the Assessment roll for the Fiscal Year commencing October 1, 2024 ("Fiscal Year 2024-25"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Authority. This Resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance, the Prior Assessment Resolutions, Florida Statutes 166.021, 166.041 and 197.3632, and other applicable provisions of law. Section 2. Definitions, Purpose and Findings. Capitalized terms not otherwise defined herein shall have the meanings assigned in the Fire Assessment Ordinance and Prior Assessment Resolutions. This Resolution constitutes the Preliminary Rate Resolution for Fiscal Year 2024-25 which initiates the annual process for updating the Assessment Roll. This 3 RESOLUTION #2024-______ Resolution ratifies, confirms and supplements the Fire Assessment Ordinance and Prior Assessment Resolutions. The recital clauses set forth above are incorporated herein as the legislative finding of the City Commission. All recitals and legislative findings concerning the special benefit conveyed by fire rescue services and facilities and the fair and reasonable apportionment of the Fire Rescue Assessments set forth in the Fire Assessment Ordinance and Prior Assessment Resolutions are specifically ratified, confirmed and incorporated in this Resolution. Section 3. Provision and Funding of Fire Services. Upon the imposition of Fire Rescue Assessments for fire services, facilities, or programs against Assessed Property located within the City, the City shall provide fire services to such Assessed Property. A portion of the cost to provide such fire services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining costs required to provide fire services, facilities, or programs shall be funded by lawfully available City revenues other than Fire Rescue Assessment proceeds. No emergency medical services ("EMS") costs are included in the Fire Rescue Assessment, and EMS costs shall not be funded by Fire Rescue Assessment proceeds. It is ascertained, determined, and declared by this Resolution that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire services, facilities, or programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner as set forth in this Preliminary Rate Resolution. Section 4. Imposition and Computation of Fire Rescue Assessments. The 2024 Methodology Study describing the method of apportioning the Fire Rescue Assessments among Assessed Property, a copy of which is attached hereto as Exhibit A, is hereby approved, adopted and incorporated herein by reference. Fire Rescue Assessments for Fiscal Year 2024-25 shall be imposed against all Assessed Property based on the apportionment methodology for the Fire Rescue Assessment approved by the Prior Assessment Resolutions as updated in the 2024 Methodology Study using the Fire Class Codes and Fire Basis data maintained by the Broward County Property Appraiser for each Assessed Property. Section 5. Legislative Determinations of Special Benefit and Fair Apportionment. Adoption of this Resolution constitutes a legislative determination that all parcels assessed derive a special benefit from the provision of fire rescue services, facilities and programs, and that the Fire Assessed Costs are apportioned fairly and reasonably among Assessed Properties, consistent 4 RESOLUTION #2024-______ with the 2024 Methodology Study and the legislative declarations, determinations and findings as set forth in the Fire Assessment Ordinance and Prior Assessment Resolutions. Section 6. Determination of Fire Assessed Costs; Establishment of Proposed Not-to-Exceed Fire Rescue Assessment Rates. The Fire Assessed Cost to be assessed and apportioned among Assessed Property for Fiscal Year 2024-25 is $7,820,586 which represents approximately 92% of the City's fire-related costs for Fiscal Year 2024-25 which are eligible for funding through the Fire Rescue Assessments. The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from lawfully available City revenue other than Fire Rescue Assessment proceeds. The proposed Not-to- Exceed Fire Rescue Assessment Rates to generate the Fire Assessed Cost for such Fiscal Year are presented below. The approval of the Proposed Fire Rescue Assessment Rate Schedule by the adoption of this Preliminary Rate Resolution determines the maximum amount of the Fire Assessed Cost and the maximum, or not-to-exceed, rates that may be imposed and collected for the upcoming fiscal year. PROPOSED NOT-TO-EXCEED FIRE RESCUE ASSESSMENT RATES FOR FISCAL YEAR 2024-25 PROPERTY USE CATEGORIES RATE BASIS RATE Residential Per Dwelling Unit $ 241.05 Acreage/Vacant Per Acre $ 85.23 Commercial Per Square Foot $ 0.4213 Industrial/Warehouse Per Square Foot $ 0.0488 Section 7. Preliminary Assessment Roll. The City Manager or designee is directed to prepare, or cause to be prepared, an updated Preliminary Assessment Roll for Fiscal Year 2024-25, in the manner provided in the Fire Assessment Ordinance and this Resolution. The updated Assessment Roll shall include all Assessed Properties within the Fire Class Code categories and incorporate the Proposed Rates referenced in Section 6 above. Any property uses or classifications which were exempted from payment of the Fire Rescue Assessments by the Prior Assessment Resolutions shall be exempted from the Fire Rescue Assessments for Fiscal Year 2024-25. The City Manager or designee shall apportion the estimated Fire Assessed Cost to be recovered through Fire Rescue Assessments in the manner 5 RESOLUTION #2024-______ approved and adopted in this Resolution. A copy of this Preliminary Rate Resolution, the Fire Assessment Ordinance, the Prior Assessment Resolutions, the 2024 Methodology Study, documentation related to the estimated amount of the Fire Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated preliminary Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Preliminary Assessment Roll proposed for Fiscal Year 2024-25 be in printed form if the amount of the Fire Rescue Assessment for each parcel of Assessed Property can be determined by the use of a computer terminal available to the public. It is ascertained, determined, and declared by this Resolution that the method of determining the Fire Rescue Assessments for fire services as set forth in this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Assessed Cost among parcels of Assessed Property located within the City. Section 8. Authorization of Public Hearing. There is established a public hearing to be held at 7:00 p.m. on September 12, 2024, in the City of Dania Beach City Commission Chamber, 100 West Dania Beach Boulevard, Dania Beach, Florida, at which time the City Commission will receive and consider any comments on the Fire Rescue Assessments. At the conclusion of such public hearing, the City Commission will consider adoption of the Annual Rate Resolution for Fiscal Year 2024-25 imposing the Fire Rescue Assessments for such Fiscal Year, approving and certifying the final Assessment Roll, and providing for collection of the assessments on the same bill as ad valorem taxes. Adoption of the Annual Rate Resolution after the public hearing and approval of the final Assessment Roll shall be the final adjudication of the issues presented therein (including, but not limited to, the determination of special benefit and fair apportionment, the method of apportionment, the Fire Rescue Assessment rates, the final Assessment Roll and the levy, collection and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the adoption of the Annual Rate Resolution. Section 9. Notice of Publication. The City Clerk shall publish a notice of the public hearing authorized by Section 8 of this Preliminary Rate Resolution in the manner and time provided in Section 23-98 of the Ordinance. Section 10. Notice by Mail. The Director of Finance shall provide information on the public hearing and the proposed not-to-exceed rates to the Broward County Property Appraiser's 6 RESOLUTION #2024-______ Office to be included in the TRIM (Truth in Millage) Notice to serve as first class notice as required by the Fire Assessment Ordinance. Section 11. Application of Assessment Proceeds. Proceeds derived by the City from the Fire Rescue Assessments will be utilized for the provision of fire services, facilities, and programs and will not be used for any EMS costs or services. In the event there is any unexpended or uncommitted assessment revenue remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire services, facilities, and programs. Section 12. Conflict. That all resolutions or parts of resolutions in conflict with this Resolution are superseded and supplanted to the extent of such conflict. Section 13. Severability. That if any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 14. Effective Date. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on __________________, 2024. Motion by __________________________, second by __________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ SIGNATURE PAGE TO FOLLOW ATTEST: 7 RESOLUTION #2024-______ ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 8 RESOLUTION #2024-______ EXHIBIT A FY 2024-2025 Fire Services Assessment Study (“2024 Methodology Study”) Dated June 26, 2024 Prepared by Raftelis Financial Consultants CITY OF DANIA BEACH FY 2025 Fire Services Assessment Study FINAL REPORT / June 2 6 , 202 4 341 N. Maitland Avenue, Suite 300, Maitland, FL 32751 www.raftelis.com June 26, 2024 Frank DiPaolo Chief Financial Officer City of Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 Subject: FY 2025 Fire Services Assessment Study Dear Mr. DiPaolo: Raftelis Financial Consultants, Inc. (Raftelis) is pleased to present this report of the FY 2025 Fire Services Assessment Study that we have conducted for the City. This report presents the analysis of the study for consideration and adoption of the initial resolution hearing. We appreciate the opportunity to be of service to the City and would like to thank the City staff for their valuable assistance and cooperation throughout the course of this study. Respectfully Submitted, Raftelis Financial Consultants, Inc. Mike Burton Executive Vice President Joe Williams Senior Manager City of Dania Beach / FY 2025 Fire Services Assessment Study Contents EXECUTIVE SUMMARY .................................................................... 1 Introduction ...........................................................................................................................1 Study Procedures ..................................................................................................................1 Summary of Study Results ...................................................................................................1 Full (100%) Cost Recovery Rate Calculation ............................................................................. 1 Partial Cost Recovery Rate Calculation - $7,500,000 Target Revenue ...................................... 2 Section 1 – Introduction ................................................................... 4 Background ...........................................................................................................................4 Methodology ..........................................................................................................................4 Section 2 – Fire Services Costs ....................................................... 7 Fire and Rescue Service Allocation .....................................................................................7 Calculation of the Net Revenue Requirement .....................................................................8 Section 3 – Calculation of the Fire Assessment ........................... 10 Assessment Property Classifications ............................................................................... 10 Calls For Service Analysis ................................................................................................. 12 Apportionment of the Net Revenue Requirement ............................................................ 13 Fire Assessment Rate Calculation ..................................................................................... 13 Full (100%) Cost Recovery Rate Calculation ........................................................................... 13 Partial Cost Recovery Rate Calculation - $7,500,000 Target Revenue .................................... 14 Consideration of Fair Apportionment of Assessment ..................................................... 15 Proposed Residential Fire Assessment Rates and Comparisons .................................. 16 Section 4 – Summary of Recommendations .................................. 17 Section 5 – Appendix A .................................................................. 19 City of Dania Beach / FY 2025 Fire Services Assessment Study List of Tables and Figures Table ES 1 – FY 2025 Assessment Rate Calculation – Full (100%) Cost Recovery ................................. 2 Table ES 2 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery ........................ 2 Table ES 3 – FY 2025 Assessment Rate Calculation - $7,500,000 Target Revenue (92% Cost Recovery without deductions for exemptions) .......................................................................................................... 3 Table ES 4 – Net Billed and Estimated Collected Revenue (includes deduction of exemptions) - $7,500,000 Target Revenue .................................................................................................................... 3 Table 1 – Current FY 2024 Fire Assessment Rates ................................................................................. 4 Table 2 – Allocation of Personnel between Fire and Rescue ................................................................... 8 Table 3 – Calculation and Projection of the Net Revenue Requirement ................................................... 9 Table 4 – Identified Units by BCPA Fire Class Category ........................................................................ 11 Table 5 – Fire Call Allocation to Real Property, by Property Type .......................................................... 12 Table 6 – Allocation of FY 2025 Net Revenue Requirement .................................................................. 13 Table 7 – FY 2025 Assessment Rate Calculation – Full (100%) Cost Recovery .................................... 13 Table 8 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery ........................... 14 Table 9 – FY 2025 Assessment Rate Calculation - $7,500,000 Target Revenue (92% Cost Recovery without deductions for exemptions) ........................................................................................................ 14 Table 10 – Net Billed and Estimated Collected Revenue (includes deduction of exemptions) - $7,500,000 Target Revenue ..................................................................................................................................... 15 Figure 1 – Residential Annual Fire Assessment Fee Comparison – Broward County ............................. 17 City of Dania Beach / FY 2025 Fire Services Assessment Study 1 EXECUTIVE SUMMARY Introduction The City of Dania Beach (“the City”) has annually levied and collected a Non-Ad Valorem Fire Assessment against benefitted properties within the City to fund the provision of fire services beginning Fiscal Year 1997. The City annually considers the continuance of the Fire Assessment program and the amount to be funded for Fire Services. The City currently imposes Fire Assessments based upon the 2023 Assessment Methodology report prepared by Munilytics. This study intends to update the Fire Assessment program using current property, cost and calls for service data. The City’s current FY 2024 Fire Assessment billed approximately $7.3 million, with estimated net collections of $6.9 million. The calls for service data used to provide the basis of Fire Service cost allocation to property types can change over time, therefore periodic updates to the Fire Assessment calculations are required to accurately and fairly reflect current allocation parameters to benefited properties. In accordance with Florida Law, the costs associated with providing Fire Services and facilities must be reasonably apportioned to the properties that receive a benefit from Fire Service in proportion to the benefit received. Therefore, the recommended Fire Assessments calculated in this study were developed such that the costs incurred by the City in providing Fire Service will be recovered through assessments to properties in proportion to the benefit received by the demand for service as reflected in the calls for service from each respective property class. Study Procedures The study first identifies the full Fire Services cost requirements for Fiscal Year (FY) 2025 that recognizes the high level of service traditionally provided by BSO and the City. This was accomplished by first allocating the full FY 2025 Proposed Fire Department budget between Fire Services and Emergency Medical Services (EMS) as required by Florida state statute. We also projected annual cost requirements for providing Fire Services in each year of a multi-year projection period from FY 2025 through FY 2029. This was accomplished through several interactive work sessions with City staff to confirm allocation parameters, cost escalation rates and the projected capital improvement plan. The FY 2025 Fire Service Net Revenue Requirement identified in the budget allocation and projection process was then apportioned to each property class based upon National Fire Incident Reporting System (NIFRS) calls for service data provided by the BSO. The FY 2024 Certified Fire Rescue Non-Ad Valorem Assessment Roll (the FY 2024 Roll) provided by the Broward County Property Appraiser was used as the primary data source for assigning assessment units to each parcel. Property classifications were based upon the currently assigned Fire Class Codes for each parcel as maintained on the Property Appraiser’s database. Once the allocation to property classes was complete, the Fire Assessment rate structure was developed and specific Fire Assessment rates for each property class were developed. Summary of Study Results Full (100%) Cost Recovery Rate Calculation To calculate the FY 2025 Fire Assessments, we utilized the apportioned costs and total units per property classification as discussed in detail in subsequent sections of this report. The amount of assessable costs allocable to City of Dania Beach / FY 2025 Fire Services Assessment Study 2 each property class was divided by the number of assessment units identified in each property class to compute the Fire Assessment to be imposed against each parcel. Table ES 1 below presents the calculated FY 2025 Assessment Rates at full (100%) cost recovery, as well as a comparison of the existing FY 2024 Assessment Rates: Table ES 1 – FY 2025 Assessment Rate Calculation – Full (100%) Cost Recovery While the full cost FY 2025 Net Revenue Requirement is apportioned to all properties, the actual revenue realized will be less because exempted property is included in the apportionment but cannot be billed/assessed. In addition, a 96% budget adjustment factor was used to calculate the estimated net collected revenue after accounting for early payment discounts to the assessment bills. Table ES 2 below presents the estimated net billed and estimated assessment revenue at full (100%) cost recovery. Table ES 2 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery Partial Cost Recovery Rate Calculation - $7,500,000 Target Revenue The City has requested Raftelis to calculate the assessments targeting net collected revenue at $7,500,000. To accomplish the revenue target, the NRR was reduced to 92% of the total potential costs. Table ES 3 below presents the rate calculations for this revenue target, while Table ES 4 shows the calculation of the target revenue. BCPA Category Description BCPA Code Call Allocation % Allocated FY 2025 NRR Allocated Units Unit Type FY 2025 - Calculated Rates per Unit FY 2024 - Current Rates per Unit Acreage (Vacant)A 0.76%69,886$ 754 Acre 92.64$ 72.14$ Commercial C 41.08%3,755,203$ 8,198,639 Sq Ft 0.4580$ 0.41$ Residential R 49.95%4,565,879$ 17,426 Dwelling Unit 262.01$ 218.16$ Warehouse/Industrial W 3.82%349,430$ 6,585,567 Sq Ft 0.0530$ 0.0300$ Government, Exempt X 3.62%330,793$ 927,106 Sq Ft 0.3568$ N/A Not For Profit, Exempt Y 0.76%69,886$ 460,896 Sq Ft 0.1516$ N/A 100.00%9,141,077$ BCPA Category Description BCPA Code Allocated Assessment Less: Exemptions Total Billed Assessment Acreage (Vacant)A 69,886$ (4,480)$ 65,406$ Commercial C 3,755,203$ (1,216)$ 3,753,987$ Residential R 4,565,879$ (231,710)$ 4,334,169$ Warehouse/Industrial W 349,430$ (2,120)$ 347,309$ Government, Exempt X 330,793$ (330,793)$ -$ Not For Profit, Exempt Y 69,886$ (69,886)$ -$ 9,141,077$ (640,206)$ 8,500,871$ Budgetary Adjustment/Discount 96% FY 2025 Estimated Collected Revenue 8,160,836$ City of Dania Beach / FY 2025 Fire Services Assessment Study 3 Table ES 3 – FY 2025 Assessment Rate Calculation - $7,500,000 Target Revenue (92% Cost Recovery without deductions for exemptions) Table ES 4 – Net Billed and Estimated Collected Revenue (includes deduction of exemptions) - $7,500,000 Target Revenue BCPA Category Description BCPA Code Call Allocation % Allocated FY 2025 NRR Allocated Units Unit Type FY 2025 - Calculated Rates per Unit FY 2024 - Current Rates per Unit Acreage (Vacant)A 0.76%64,295$ 754 Acre 85.23$ 72.14$ Commercial C 41.08%3,454,787$ 8,198,639 Sq Ft 0.4213$ 0.41$ Residential R 49.95%4,200,609$ 17,426 Dwelling Unit 241.05$ 218.16$ Warehouse/Industrial W 3.82%321,475$ 6,585,567 Sq Ft 0.0488$ 0.0300$ Government, Exempt X 3.62%304,330$ 927,106 Sq Ft 0.3282$ N/A Not For Profit, Exempt Y 0.76%64,295$ 460,896 Sq Ft 0.1395$ N/A 100.00%8,409,791$ BCPA Category Description BCPA Code Allocated Assessment Less: Exemptions Total Billed Assessment Acreage (Vacant)A 64,295$ (4,121)$ 60,174$ Commercial C 3,454,787$ (1,611)$ 3,453,176$ Residential R 4,200,609$ (213,160)$ 3,987,449$ Warehouse/Industrial W 321,475$ (1,689)$ 319,787$ Government, Exempt X 304,330$ (304,330)$ -$ Not For Profit, Exempt Y 64,295$ (64,295)$ -$ 8,409,791$ (589,205)$ 7,820,586$ Budgetary Adjustment/Discount 96% FY 2025 Estimated Collected Revenue 7,507,763$ City of Dania Beach / FY 2025 Fire Services Assessment Study 4 Section 1 – Introduction Background The City of Dania Beach (“the City”) has annually levied and collected a Non-Ad Valorem Fire Assessment against benefitted properties within the City to fund the provision of fire services beginning Fiscal Year 1997. The City annually considers the continuance of the Fire Assessment program and the amount to be funded for Fire Services. The City currently imposes Fire Assessments based upon the 2023 Assessment Methodology report prepared by Munilytics. This study intends to update the Fire Assessment program using current property, cost and calls for service data. The City’s current FY 2024 Fire Assessment rates by property class are presented in Table 1 below. These rates billed approximately $7.3 million, with estimated net collections of $6.9 million. Table 1 – Current FY 2024 Fire Assessment Rates The calls for service data used to provide the basis of Fire Service cost allocation to property types can change over time, therefore periodic updates to the Fire Assessment calculations are required to accurately and fairly reflect current allocation parameters to benefited properties. The term “Fire Services” as used in this study refers to the twenty-four hours per day, seven days per week service for fire suppression provided to City properties. The City has previously determined that the owners of property benefited by the proposed Fire Services should share in funding these services by imposition of non-ad valorem assessments. The City can fund through assessments up to 100% of the net Fire Services assessable costs, estimated to be $9,141,077 in fiscal year 2025, as detailed in subsequent sections of this report. The City contracts with the Broward Sheriff’s Office (BSO) for Fire Rescue Services and it also has legacy pension and other City costs that must continue to be funded in addition to those pension costs charged by BSO. Methodology The development of a Non-Ad Valorem Assessment to fund Fire Services requires that the services and facilities for which properties are to be assessed confer a special benefit upon the property burdened by the special assessment. Simply stated, there must be a logical relationship between the services and facilities provided and the benefit to real property assessed. In addition to the special benefit requirement, the costs associated with providing the services and facilities must be reasonably apportioned to the properties that receive a benefit from Fire Service in proportion to the benefit received. Therefore, the recommended Fire Assessments calculated in this study were developed such that the costs incurred by the City in providing Fire Service will be recovered through assessments to properties in BCPA Category Description Current Rates per Unit Unit Type Acreage (Vacant)72.14$ Acre Commercial 0.4149$ Sq Ft Residential 218.16$ Dwelling Unit Warehouse/Industrial 0.0300$ Sq Ft City of Dania Beach / FY 2025 Fire Services Assessment Study 5 proportion to the benefit received by the demand for service as reflected in the calls for service from each respective property class. This part of the report describes the assessment methodology used to develop the Fire Assessments. The first section discusses relevant Florida Law regarding Special Non-Ad Valorem Assessments, followed by sections discussing how Florida Law has been applied to the determination of special benefit and the apportionment of the annual revenue requirements of the Fire Assessment to benefitting properties. SUMMARY OF RELEVANT FLORIDA LAW GOVERNING SPECIAL ASSESSMENTS This section discusses relevant Florida Law regarding special non-ad valorem assessments as it relates to the City’s proposed Fire Assessment program. The discussion covers how Florida law relates to special benefit and proportional benefit. Special non-ad valorem assessments are a revenue source available to local governments in Florida to fund capital improvements as well as operations and maintenance expenses for essential services such as roads, drainage, Fire Services, utilities, etc. Florida case law has established two requirements for the imposition of a non -ad valorem special assessment. These two requirements have become known as the “two-pronged test”. They are 1) the property assessed must derive a special benefit from the improvement, service or facilities provided, and 2) the assessment must be fairly and reasonably apportioned among the properties that receive the special benefit. In considering special benefit, the following question must be considered, “Can a special benefit be derived from Fire Service by all properties within the City to meet the first prong of the two pronged test, even if all properties are not improved and/or do not receive calls for service?”. The answer is yes, based in part upon the Florida Supreme Court determination in Fire District No. 1 of Polk County v. Jenkins, a sufficient special benefit is derived by the availability of fire services to justify the imposition of the special assessment. Also, in Meyer v. City of Oakland Park, the Court upheld a sewer assessment on both improved and unimproved property, stating that the benefit need not be direct or immediate but must be substantial, certain and capable of being realized within a reasonable time. Also, In City of Hallandale v. Meekins, the Court indicated that the proper measure of benefits accruing to property from the assessed improvement was not limited to the existing use of the property, but exten ded to any future use which could reasonably be made. PROPORTIONAL BENEFIT It is well settled under Florida law that local governments are afforded great latitude regarding legislative determinations of special benefit and reasonable apportionment of costs (as evidenced by the Florida Supreme Court finding in City of Boca Raton v. State of Florida), that the apportionment of benefits is a legislative function, and that legislative determinations as to benefit and apportionment will be upheld unless the determination is arbitrary – that is, if reasonable persons may differ as to whether the land assessed was benefitted by the local improvement, the findings of the City officials must be sustained. In City of Boca Raton v. State of Florida, the Florida Supreme Court also determined that the manner of the assessment is immaterial and may vary, as long as the amount of the assessment for each tract is not in excess of the proportional benefits as compared to other assessments on other tracts. Accordingly, while any number of methodologies may be available for a given service or improvement, the community imposing the assessment is at liberty to select the methodology which provides the best fit in terms of local needs and circumstances. City of Dania Beach / FY 2025 Fire Services Assessment Study 6 SPECIAL BENEFIT – THE FIRST PRONG OF THE TWO-PRONGED TEST Based upon discussions with City staff about the extent and nature of the Fire Services provided, we have concluded that all parcels within the City receive a special benefit from the Fire Services provided by BSO. In considering special benefit, it is important to consider that BSO maintains its Fire resources at a level that provides a response readiness condition to respond to calls for service throughout the City at relatively equal levels of service. When needed, responses are made to calls for service without discrimination as to the property type, size, location within the City, or any other factors specific to the property requiring the service. In addition, Vacant lands not used actively in the production of agricultural products and services have Fire Services provided to them, and the City has determined that Fire Services provided to those lands derive benefit to them, due to the urbanized nature of the City. As such, all properties receive a special benefit from the mere availability of Fire Services. Such benefit is independent of, and realized even in the absence of, a call or need for actual service. The benefits include: • Continuous availability of immediate response to fire. • Provision of first responder medical aid to protect the life and safety of occupants. • Enhanced property value, marketability of and/or ability to develop property. • Lowering the cost of Fire Insurance by the presence of a professional and comprehensive Fire Service • Protection against the spread of fire to neighboring parcels, thereby limiting and containing liability. • Increased use and enjoyment of the parcel derived from continual and immediately available comprehensive fire protection service should the need arise. • Enhanced marketability and value of the parcel when compared to a similarly configured parcel for which fire protection services are unavailable. Therefore, the first prong of the two-pronged test (the property burdened by the assessment must derive a special benefit from the service provided by the assessment) is met because all properties in the City receive a special benefit from the City-wide Fire Service provided by BSO. FAIR APPORTIONMENT – THE SECOND PRONG OF THE TWO-PRONGED TEST In considering the assessment methodology, the second prong of the two-pronged test requires that the costs of the assessment must be fairly and reasonably apportioned among the properties that receive the special benefit. The Fire Services apportionment methodology used in this study allocates assessable costs based on the demand for Fire Services by classes of real property use as identified on the real property assessment roll prepared for the levy of ad valorem taxes. First, the assessable Fire Services costs are allocated among real property use categories based upon the historical demand for these services (cost apportionment). This demand is identified by examining the past three years of fire incident/calls for service data as reported by BSO to the State Fire Marshal’s office. Second, the costs attributed to each property class are apportioned among the parcels on a per dwelling unit basis for Residential uses, a square footage basis for non-residential uses, and a per acre basis for vacant parcels (parcel apportionment). Further discussion of the consideration of fair apportionment is continued after the presentation of source data, methodology and assessment rate calculation in subsequent sections of this report. City of Dania Beach / FY 2025 Fire Services Assessment Study 7 Section 2 – Fire Services Costs Fire and Rescue Service Allocation Florida case law requires that the imposition of a special assessment for Fire Services only be used to fund Fire Services and first response rescue services. A Fire Assessment may not fund Emergency Medical Services (EMS), including transportation (Florida Supreme Court opinion in City of North Lauderdale v. SMM Properties -825 So.2d 343 Fla. 2002). The City utilizes personnel who are certified firefighters that may also be qualified medical personnel. Personnel assigned to medical units may also be called upon to assist in firefighting duties. Because emergency medical services are not services for which the City can assess property, costs for those services cannot be included in the total fire services costs to determine the allowable assessed costs. Mutual aid services provided by other Fire Departments do not cost the City anything and those calls accordingly are not considered in this assessment. BSO provides the City with an annual “Consideration” budget that becomes the contract cost for the ensuing fiscal year. The budget is for fire, rescue, inspection, and administrative costs of providing fire rescue services. Additionally, the City has costs in addition to its contract with BSO. When BSO took over fire rescue operations from the City, it was left with significant legacy pension costs related to its former employees that still must be funded. Similarly, the City must fund those employees share of the City’s other post-employment benefits (generally retiree medical costs). The City must also pay for the costs of administering the assessment itself. These costs include legal and professional fees, notification fees from the property appraiser’s office, advertising, and discounts allowed on early payments of property tax bills. Of the sum of these costs, only those costs directly attributable or allocated to fire services can be included in the assessment. The remaining costs relate to the combined fire and EMS and must be allocated between the operations of those two services. While there are many ways to allocate the costs of these services, we have chosen to allocate them in proportion to the staffing of full-time equivalents (FTEs) by their function and shift assignment per apparatus. Fire Services budgets are largely driven by personnel costs. Fire costs are largely driven by insuring standby availability in the event of a fire. Similarly, EMS costs are largely driven by insuring standby availability in the event of a medical emergency. Although calls for service are used to allocate the Fire Services costs to the property classes (which is discussed in a later section of this report), calls for service are not a good basis for allocation between Fire Services and EMS because of the standby nature of those services which require a constant employ of personnel and facilities to be ready to respond. Accordingly, we believe that the fairest apportionment method is one that utilizes a personnel assignment-based allocation. As of FY 2025, BSO operates two fire suppression apparatus vehicles (Quints) and three rescue vehicles. The Quints each require three personnel each shift. Two of the rescue units maintain three personnel per shift, while the other maintains two personnel per shift. Each unit requires three sets of personnel by shift, therefore FTEs for each apparatus are multiplied by three times the personnel assignment per shift. BSO maintains one Fire Prevention Officer, and five Fire Safety Inspectors, all fully allocated to Fire Services. Finally, the District Fire Chief and Administrative Assistant are allocated to Fire and Rescue by the weighted results of the directly allocated personnel. Table 2 below presents the results of the personnel allocation. City of Dania Beach / FY 2025 Fire Services Assessment Study 8 Table 2 – Allocation of Personnel between Fire and Rescue Calculation of the Net Revenue Requirement To calculate the Fire Services Net Revenue Requirement (NRR) for FY 2025 and beyond, the proposed FY 2025 BSO budget as well as other City costs for Fire Services were projected using cost escalation factors identified by City Staff. In each year of the projection period, offsetting revenues from other sources were deducted from the expenditure requirements so that the full complement of dedicated Fire revenues is not double recovered. A 4% allowance (i.e. assumed reduction in fee revenues) for early payment/statutory discounts was included to determine the annual net revenue requirements to be recovered by the fire assessment fees. The projection of Fire Services Net Revenue Requirement for FY 2025 – FY 2029 is presented in Table 3. The Net Revenue Requirement in FY 2025 through FY 2029 represents 100% Cost Recovery or Maximum Allocated costs for the annual assessments as calculated herein. The maximum allocated cost for the FY 2025 Fire Assessment is $9,141,077. Assignment/Position Full Time Equivalents Fire Rescue Allocation Quint 1 9 9 Direct Fire Quint 17 9 9 Direct Fire Rescue 1 9 9 Direct Rescue Rescue 1 6 6 Direct Rescue Rescue 17 9 9 Direct Rescue Fire Prevention Officer 1 1 Direct Fire Fire Safety Inspectors 5 5 Direct Fire District Fire Chief 1 0.50 0.50 Weighted Administrative Assistant 1 0.50 0.50 Weighted Total 50 25.00 25.00 Fire/Rescue Allocation 50.00%50.00% City of Dania Beach / FY 2025 Fire Services Assessment Study 9 Table 3 – Calculation and Projection of the Net Revenue Requirement FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Annual Escalation Factor Expenditures Broward Sheriff's Office 18,953,233$ 19,806,128$ 20,697,404$ 21,628,787$ 22,602,083$ 4.50% City Fire Costs 992,239$ 1,036,890$ 1,083,550$ 1,132,310$ 1,183,263$ 4.50% Other City Operating Expenses 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 0.00% Property Appraiser and Tax Collector Fees 7,896$ 8,133$ 8,377$ 8,628$ 8,887$ 3.00% Advertisements 6,500$ 6,500$ 6,500$ 6,500$ 6,500$ 0.00% Legal and Professional Fees 6,000$ 6,000$ 6,000$ 6,000$ 6,000$ 0.00% Consultant Costs - Assessment Updates 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ Total Expenditures 19,970,868$ 20,868,651$ 21,806,831$ 22,787,225$ 23,811,733$ Less: Direct EMS Costs (130,000)$ (135,850)$ (141,963)$ (148,352)$ (155,027)$ 4.50% Less: New Rescue Vehicle Cost (420,000)$ (420,000)$ (420,000)$ (420,000)$ (420,000)$ 0.00% Total Net Fire Costs Before Allocation 19,420,868$ 20,312,801$ 21,244,868$ 22,218,874$ 23,236,706$ % Allocated to Fire (1)50.00%50.00%50.00%50.00%50.00% Assessable Fire Costs 9,710,434$ 10,156,401$ 10,622,434$ 11,109,437$ 11,618,353$ Less: Attributed Revenues Hazmat Permit Fees (35,000)$ (35,000)$ (35,000)$ (35,000)$ (35,000)$ 0.00% Fire Inspection Fees (900,000)$ (931,500)$ (964,103)$ (997,846)$ (1,032,771)$ 3.50% Total Attributed Revenues (935,000)$ (966,500)$ (999,103)$ (1,032,846)$ (1,067,771)$ Net Assessable Fire Costs 8,775,434$ 9,189,901$ 9,623,331$ 10,076,591$ 10,550,582$ Plus: Assessment Discounts (4%)365,643$ 382,913$ 400,972$ 419,858$ 439,608$ Net Revenue Requirement 9,141,077$ 9,572,813$ 10,024,303$ 10,496,449$ 10,990,190$ City of Dania Beach / FY 2025 Fire Services Assessment Study 10 Section 3 – Calculation of the Fire Assessment Assessment Property Classifications Using the Broward County Property Appraisers (BCPA) tax roll data, benefited parcels were identified using the various categories of land use codes within that data set. Additionally, and to keep the proposed apportionment categories as close to the existing categories as possible, we relied upon the Fire Class codes currently maintained by the BCPA. The BCPA has previously identified and coded the improved properties by type and assigned each parcel an appropriate Fire Class Code. We reviewed consistency in this data, and it was determined to be of high accuracy. This data has also undergone considerable review over time through prior studies. The Fire Class codes used are as follows: • Residential (“R”) This includes all residential dwelling units, be they single family, multifamily, mobile homes, or mobile home lots. This includes separate or attached guest houses or “granny flats” or anything considered a residential dwelling unit. • Commercial (“C”) This includes all property used for commercial activity, except where otherwise identified by its own Fire Class code and includes office and retail uses. It also includes recreational vehicle lots converted to commercial square footage as provided by statute. • Government (“X”) This includes any property owned by a federal, state, or local government. • Special (“S”, and generally mixed use) This includes property that has more than one use or improvement that contains more than one Fire Class code. An example might be a parcel which contained both a warehouse and an office use. Each use will be assigned the cost for that use. • Vacant Acreage Parcels Not Developed (“A”) This includes land that does not contain any improvement or structure but excludes property classified as agricultural. • Warehouse/Industrial (“W”) This includes manufacturing and processing sites, storage units (whether for commercial or non-commercial purposes), and warehousing sites. • Miscellaneous (“Y”) This includes properties that are used for Charitable, Educational, Literary, Scientific, or Religious organizations, or other properties defined under Florida Statutes. These properties may be assessed or may be excluded by the City from year-to- year. It should also be noted that properties that can sometimes be exempt from this assessment (e.g., church -owned residential properties, portions of warehouses used for exempt purposes, portions of office buildings used for exempt purposes) remain classified as “R”, “C”, “W”, etc. and are included in the assessment calculations, but are not assessed if the City has excluded them from the assessment levy. In addition, all Residential, Vacant, Commercial or Warehouse units for parcels categorized as “X” or “Y” are assigned to the relevant assessment types for allocation and rate calculation, even though the parcels are exempt ultimately not billed. For example, if a property is shown to contain a single-family residential dwelling (“R”) but is owned by a Church (“Y”), it’s dwelling unit will be allocated to the Residential rate calculation, but the parcel will not be billed the assessment. Again, these codes are used by BCPA to assist them in the administration of their rolls, and we believe them to be highly accurate at the parcel level. City of Dania Beach / FY 2025 Fire Services Assessment Study 11 Each BCPA parcel for the City also has, in addition to a Fire Class code, a Fire Basis element, which indicates the number of applicable billing units located on the parcel. For example, a single-family residential dwelling unit would have a Fire Basis element of “1”, indicating that the fixed residential assessment rate would be multiplied by “1” to arrive at an assessment amount and a duplex residential dwelling unit would have a Fire Basis element of “2”, indicating that the fixed residential assessment rate would be multiplied by “2” to arrive at an assessment amount, and so on. Commercial, Warehouse/Industrial, and Not-for-profit are based upon the square footage of buildings on the property. The sum of all structures of similar fire class are added together to determine the total square footage for each fire class on each parcel. Acreage is based upon the number or fraction of an acre for the parcel. The Fire Class code “S”, Special, generally includes mixed-use parcels that have mixed assessment rates applied to them. The sum of each category (e.g., “Residential”, “Commercial”, etc.) are added together within this coding. The Fire Basis element code in this Fire Class code in this category indicates the amount of the assessment for that Fire Class code. The BCPA handles mixed-use parcels as exceptions and manually calculates the assessment based upon the particular mix of uses that exist on those parcels. Mobile Home parks are assessed whether or not a lot/space is occupied. Each mobile home lot/space is assessed a residential assessment rate. The commercial component of a mobile home park may include a calculation based on the total of any commercial structures located on the parcel plus an assigned commercial structure size of the minimum square footage of 1,200 square feet that is mandated by the Department of Health under Chapter 64E-15.002(3), Florida Administrative Code for Recreational Vehicle Park spaces and a square footage of 500 square feet for tent spaces inside Recreational Vehicle Parks, also as mandated by Chapter 64E- 15.002(3), Florida Administrative Code. The City does not have any parks that have only recreational vehicles. Mobile home parks are mixed-use parcels. There were 14,081 unique parcels or folio numbers within the City of Dania Beach fire assessment district provided to us by the BCPA in June 2024. Among these individual parcels are non-assessable, fully excluded parcels such as residential multi-family common areas, submerged lands, lake bottoms, right of ways, etc. For all real property used in the allocation of the NRR, the unit counts by BCPA Fire Class category code and use code counts appear below: Table 4 – Identified Units by BCPA Fire Class Category BCPA Category Description BCPA Code Allocated Units Unit Type Acreage (Vacant)A 754 Acres Commercial C 8,198,639 Sq Ft Residential R 17,426 Dwelling Units Warehouse/Industrial W 6,585,567 Sq Ft Government, Exempt X 927,106 Sq Ft Not For Profit, Exempt Y 460,896 Sq Ft City of Dania Beach / FY 2025 Fire Services Assessment Study 12 The City may not ultimately assess all the properties within these fire class categories for Fire Services as the City traditionally has exempted some uses (e.g., non-profits, houses of worship, and other properties also exempt from property taxes) of property from the fire assessment. Commercial, Warehouse/Industrial, and, if levied, Not -for- profit parcels are assessed based on square footage of the structures by fire class on each parcel. The costs associated with any exempt parcels have not been reallocated to the remaining non-exempt parcels and those costs are assumed by other sources of City revenue. Calls For Service Analysis The costs identified in this study are apportioned to property categories based upon an analysis of the calls for service data provided by BSO. The call/incident data identified the number and type of calls made by City Fire and EMS vehicles for a three-year period of January 1, 2021 – December 31, 2023. The call/incident data is extracted from the National Fire Incident Reporting System (NIFRS). The data field containing the type of call/incident was used to separate calls determined to be Fire Services, and those determined to be EMS or other non-Fire calls. Only Fire Services calls were used for the apportionment of the Fire Assessments. Schedule 1 of Appendix A presents the full list of unique call/incident types in the data set provided by BSO, and the identification of incident type as being either Fire or EMS for the assessment calculations. Certain call types were considered Non-Fire related such as cancelled calls, false alarms or erroneous records. We also excluded from the call data calls to property that was located outside of the City limits or served for fire rescue by other entities, such as the Fort Lauderdale/Hollywood International Airport or Port Everglades. The call data represented 23,339 calls over the three-year time period. Of these calls, 2,114 were identified by incident type as Fire related, 7,608 were identified as EMS /Rescue/Mutual Aid/Other. Beyond identifying the call/incident type, we then allocated the Fire calls using property types as coded in the call data. Schedule 2 of Appendix A presents each unique property use code in the NIFRS data, and the application of the property categories to each code as utilized in this study. Of the 2,114 calls identified as Fire related, 1,962 were calls to real property and specific property uses. The remaining 152 calls were to non-real property or non-specific property and were therefore excluded from the apportionment analysis. The remaining 1,962 calls were assigned to the assessment property classifications. Table 5 below illustrates the assignment of calls to the property categories identified in the previous subsection. The percentages identified in the Fire Calls to Real Property are used to allocate the FY 2025 Net Revenue Requirement to each property class. Table 5 – Fire Call Allocation to Real Property, by Property Type All Eligible Calls - Real Property BCPA Code 3-Year Call Total % of Total Acreage, Vacant, Lot A 15 0.76% Commercial C 806 41.08% Residential R 980 49.95% Warehouse/Industrial W 75 3.82% Government X 71 3.62% Not For Profit Y 15 0.76% 1,962 100.00% City of Dania Beach / FY 2025 Fire Services Assessment Study 13 Apportionment of the Net Revenue Requirement The next step in the Fire Assessment calculation is to allocate the FY 2025 Net Revenue Requirement amongst the property classes. This is done by utilizing the allocations of Fire calls to real property as identified in the previous section. Featured below, Table 6 contains the apportionment of the FY 2025 Net Revenue Requirement to the identified property classes. Table 6 – Allocation of FY 2025 Net Revenue Requirement Fire Assessment Rate Calculation Full (100%) Cost Recovery Rate Calculation To calculate the FY 2025 Fire Assessments, we utilized the apportioned costs and total units per property classification as identified in the previous sections of this report. The amount of assessable costs allocable to each property class was divided by the number of assessment units identified in each prope rty class to compute the Fire Assessment to be imposed against each parcel. Table 7 below presents the calculated FY 2025 Assessment Rates at full (100%) cost recovery, as well as a comparison of the existing FY 2024 Assessment Rates: Table 7 – FY 2025 Assessment Rate Calculation – Full (100%) Cost Recovery BCPA Category Description BCPA Code Call Allocation % Allocated FY 2025 NRR Acreage (Vacant)A 0.76%69,886$ Commercial C 41.08%3,755,203$ Residential R 49.95%4,565,879$ Warehouse/Industrial W 3.82%349,430$ Government, Exempt X 3.62%330,793$ Not For Profit, Exempt Y 0.76%69,886$ Total:100.00%9,141,077$ BCPA Category Description BCPA Code Call Allocation % Allocated FY 2025 NRR Allocated Units Unit Type FY 2025 - Calculated Rates per Unit FY 2024 - Current Rates per Unit Acreage (Vacant)A 0.76%69,886$ 754 Acre 92.64$ 72.14$ Commercial C 41.08%3,755,203$ 8,198,639 Sq Ft 0.4580$ 0.41$ Residential R 49.95%4,565,879$ 17,426 Dwelling Unit 262.01$ 218.16$ Warehouse/Industrial W 3.82%349,430$ 6,585,567 Sq Ft 0.0530$ 0.0300$ Government, Exempt X 3.62%330,793$ 927,106 Sq Ft 0.3568$ N/A Not For Profit, Exempt Y 0.76%69,886$ 460,896 Sq Ft 0.1516$ N/A 100.00%9,141,077$ City of Dania Beach / FY 2025 Fire Services Assessment Study 14 While the full cost FY 2025 Net Revenue Requirement is apportioned to all properties, the actual revenue realized will be less because exempted property is included in the apportionment but cannot be billed/assessed. In addition, a 96% budget adjustment factor was used to calculate the estimated net collected revenue after accounting for early payment discounts to the assessment bills. Table 8 below presents the estimated net billed and estimated assessment revenue at full (100%) cost recovery. Table 8 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery Partial Cost Recovery Rate Calculation - $7,500,000 Target Revenue The City has requested Raftelis to calculate the assessments targeting net collected revenue at $7,500,000. To accomplish the revenue target, the NRR was reduced to 92% of the total potential costs. Table 9 below presents the rate calculations for this revenue target, while Table 10 shows the calculation of the target revenue. Table 9 – FY 2025 Assessment Rate Calculation - $7,500,000 Target Revenue (92% Cost Recovery without deductions for exemptions) BCPA Category Description BCPA Code Allocated Assessment Less: Exemptions Total Billed Assessment Acreage (Vacant)A 69,886$ (4,480)$ 65,406$ Commercial C 3,755,203$ (1,216)$ 3,753,987$ Residential R 4,565,879$ (231,710)$ 4,334,169$ Warehouse/Industrial W 349,430$ (2,120)$ 347,309$ Government, Exempt X 330,793$ (330,793)$ -$ Not For Profit, Exempt Y 69,886$ (69,886)$ -$ 9,141,077$ (640,206)$ 8,500,871$ Budgetary Adjustment/Discount 96% FY 2025 Estimated Collected Revenue 8,160,836$ BCPA Category Description BCPA Code Call Allocation % Allocated FY 2025 NRR Allocated Units Unit Type FY 2025 - Calculated Rates per Unit FY 2024 - Current Rates per Unit Acreage (Vacant)A 0.76%64,295$ 754 Acre 85.23$ 72.14$ Commercial C 41.08%3,454,787$ 8,198,639 Sq Ft 0.4213$ 0.41$ Residential R 49.95%4,200,609$ 17,426 Dwelling Unit 241.05$ 218.16$ Warehouse/Industrial W 3.82%321,475$ 6,585,567 Sq Ft 0.0488$ 0.0300$ Government, Exempt X 3.62%304,330$ 927,106 Sq Ft 0.3282$ N/A Not For Profit, Exempt Y 0.76%64,295$ 460,896 Sq Ft 0.1395$ N/A 100.00%8,409,791$ City of Dania Beach / FY 2025 Fire Services Assessment Study 15 Table 10 – Net Billed and Estimated Collected Revenue (includes deduction of exemptions) - $7,500,000 Target Revenue Consideration of Fair Apportionment of Assessment While there can be many ways to fairly apportion the costs of the fire services to benefited properties, we note the following: Apportioning costs among classifications of property based upon the historical demand for fire rescue services is a fair and reasonable method because it reflects the property uses' potential fire risk based upon building use and is a reasonable proxy for the firefighters training and experience, quantity and size of apparatus, and other special firefighting equipment that must be available in accordance with the City’s standards and practices. It is fair and reasonable to allocate costs to any particular non-residential structure without any limit to the square footage of a structure as large buildings require more resources and more value of property benefits from fire protection. It is fair and reasonable to not consider the flow capacity of fire apparatus as a limiting factor to fire protection as larger buildings will have fire flows provided independent of the apparatus cumulative pumping capacity. The amount of personnel engaged in firefighting increases with building size and personnel costs are the largest costs in fire protection. Buildings cannot be permitted for construction if a local government cannot provide adequate fire protection at the time they are ready for occupancy. Accordingly, we have removed tranches from earlier studies and have determined that limits on the size of structures may shift the cost burden to owners of smaller structures. Apportioning costs among classifications of property (Fire Class code) based upon both historical demand for fire rescue services is fair and reasonable and proportional to the special benefit received and will ensure that no property is assessed an amount greater than the special benefit received. Apportioning costs to unimproved properties is fair and reasonable as fire call data demonstrates that there are calls to those properties that are not infrequent. Fires on unimproved properties can spread to other parcels, both improved and unimproved, and in an urban environment, uncontrolled or unaddressed fires can cause significant damage. Property owners can be held responsible for fires on their property that spread to other parcels. The fire rescue incident reports (NFIRS) are the most reliable data available to determine the potential demand for fire services from property use and to determine the benefit to property use resulting from the demand for fire services to protect and serve buildings and land located within assessed property and their intended occupants. There exist sufficient fire incident reports that document the historical demand for fire services from assessed property within the property use categories. The relative demand that has been determined for each property use BCPA Category Description BCPA Code Allocated Assessment Less: Exemptions Total Billed Assessment Acreage (Vacant)A 64,295$ (4,121)$ 60,174$ Commercial C 3,454,787$ (1,611)$ 3,453,176$ Residential R 4,200,609$ (213,160)$ 3,987,449$ Warehouse/Industrial W 321,475$ (1,689)$ 319,787$ Government, Exempt X 304,330$ (304,330)$ -$ Not For Profit, Exempt Y 64,295$ (64,295)$ -$ 8,409,791$ (589,205)$ 7,820,586$ Budgetary Adjustment/Discount 96% FY 2025 Estimated Collected Revenue 7,507,763$ City of Dania Beach / FY 2025 Fire Services Assessment Study 16 category by an examination of such fire incident reports is consistent with the experience of the City. Therefore, the use of the relative percentages that were determined by an examination of fire rescue incident reports is a fair and reasonable method to apportion the fire services assessed costs among the property use categories (Fire Class codes). Neither the size nor the value of the residential property determines the scope of the required fire response by the City. The potential demand for fire services is driven by the existence of a dwelling unit . Apportioning the percentage of the fire services assessed costs relating to the relative demand for fire services attributable to residential property on a per dwelling unit basis (Fire Basis) is required to avoid cost inefficiency and unnecessary administration and is a fair and reasonable method of parcel apportionment based upon historical call data. The separation of non-residential property buildings by actual square footage (Fire Basis) is fair and reasonable for the purpose of parcel apportionment for the relative demand because the demand for fire service is determined and measured by the actual square footage of structures and improvements within benefited parcels. The greater the building area, the greater the potential for a large fire and the greater the amount of firefighting resources that must be available in the event of a fire in a structure of that building’s size. It is fair and reasonable to correlate a building’s benefit directly to a building’s size, without limit. Based upon the historical demand for fire protection services, the percentages of the City’s total fire protection assessable costs attributable to vacant non-agricultural properties were calculated. The costs attributable to parcels were divided by the number of acres (Fire Basis) associated with parcels in the Acreage category to compute the fire assessment rate per acre. An acreage charge is a fair and reasonable allocation for vacant non-agricultural properties. For residential parcels that contain non-residential buildings, non-residential improvements located on the parcel were treated according to their non-residential property use category and size to compute the parcel’s non- residential fire protection assessment. This assessment was then added to the parcel’s residential fire services assessment. For non-residential parcels that contain a residence, the number of dwelling units by type located on the parcel was multiplied by the rate per dwelling unit to compute the parcel’s residential fire services assessment. This assessment was then added to the parcel’s non-residential fire services assessment. For agricultural parcels that contain a residence or non-residential building, the parcel was assessed for the actual number of dwelling units by type located on the parcel and/or the appropriate assessment for the non-residential building square footage. The property used for agricultural purposes was not assessed. We believe that the apportionment methodology prepared here is fair and reasonable and benefits the property that will be assessed and that it fits the particular properties in and nature of the City of Dania Beach. Proposed Residential Fire Assessment Rates and Comparisons To provide additional information regarding the proposed rate changes, the City’s existing and proposed Residential Fire Assessment rates have been compared with other jurisdictions in Broward County, as shown in Figure 1. It should be noted that funding of Fire Services is not equal in all cities, and these rates are current as of June 2024. Each jurisdiction within the survey may change rates for FY 2025. As shown in the comparison, City of Dania Beach / FY 2025 Fire Services Assessment Study 17 Dania Beach’s current and proposed Residential Fire Assessment rates at any level of cost recovery are well below the survey average. Figure 1 – Residential Annual Fire Assessment Fee Comparison – Broward County Section 4 – Summary of Recommendations Based upon the results of the analysis presented herein, we recommend the following: 1. We recommend the Assessment Rates presented herein to be adopted by the City for FY 2025 at or below the full cost recovery calculation. 2. We recommend the City continue its policy of evaluating the fire assessment rates on an annual basis and adjusting the assessment rates to reflect increases in the cost of Fire Service. $758.63 $638.44 $583.00 $500.52 $479.21 $420.00 $402.00 $373.95 $338.00 $333.84 $331.00 $322.46 $315.00 $312.00 $309.75 $298.70 $296.00 $283.14 $279.50 $278.00 $272.12 $267.72 $265.06 $262.01 $241.05 $218.16 $190.00 $147.37 $0.00 $100.00 $200.00 $300.00 $400.00 $500.00 $600.00 $700.00 $800.00 SW Ranches Weston Launderhill West Park Miramar Tamarac Oakland Park Pembroke Pine Fort Lauderdale Lauderdale Lakes Pompano Beach Cooper City Deerfield Beach Hollywood Fire Rescue Wilton Manors Parkland Davie Beach Coconut Creek Sunrise North Lauderdale Lighthouse Point Coral Springs Hallandale Beach Dania Beach - FY 2025 Full Cost Recovery Dania Beach - FY 2025 $7.5m Target Dania Beach - Current Unincorporated Broward Lauderdale by the Sea City of Dania Beach / FY 2025 Fire Services Assessment Study 18 3. We recommend the City to continue to update the fire assessment rates annually to keep pace with ongoing changes in costs, call allocations and property demographics. City of Dania Beach / FY 2025 Fire Services Assessment Study 19 Section 5 – Appendix A Schedule 1 – NFIRS Call Data Call/Incident Type Categorizations Schedule 2 – NFIRS Call Data Property Use Categorizations City of Dania Beach / FY 2025 Fire Assessment Study NFIRS Type Code NFIRS Type Description Included? Call Type 111 Building fire Y Fire Services 112 Fires in structures other than in a building Y Fire Services 113 Cooking fire, confined to container Y Fire Services 114 Chimney or flue fire, confined to chimney or flue Y Fire Services 117 Commercial compactor fire, confined to contents Y Fire Services 118 Trash or rubbish fire in a structure Y Fire Services 121 Fire in mobile home used as fixed residence Y Fire Services 122 Fire in motor home, camper, recreational vehicle Y Fire Services 130 Mobile property (vehicle) fire, other Y Fire Services 131 Passenger vehicle fire Y Fire Services 132 Road freight or transport vehicle fire Y Fire Services 134 Water vehicle fire Y Fire Services 138 Off-road vehicle or heavy equipment fire Y Fire Services 142 Brush, or brush and grass mixture fire Y Fire Services 143 Grass fire Y Fire Services 150 Outside rubbish fire, other Y Fire Services 151 Outside rubbish, trash or waste fire Y Fire Services 154 Dumpster or other outside trash receptacle fire Y Fire Services 155 Outside stationary compactor/compacted trash fire Y Fire Services 161 Outside storage fire Y Fire Services 162 Outside equipment fire Y Fire Services 163 Outside gas or vapor combustion explosion Y Fire Services 173 Cultivated trees or nursery stock fire Y Fire Services 221 Overpressure rupture of air or gas pipe/pipeline Y Fire Services 240 Explosion (no fire), other Y Fire Services 243 Fireworks explosion (no fire)Y Fire Services 251 Excessive heat, scorch burns with no ignition Y Fire Services 311 Medical assist, assist EMS crew N EMS/Rescue/Other 320 Emergency medical service, other N EMS/Rescue/Other 321 EMS call, EXCLUDING vehicle accident with injury N EMS/Rescue/Other 322 VEHICLE accident with injuries N EMS/Rescue/Other 322 Motor vehicle accident with injuries N EMS/Rescue/Other 323 Vehicle/pedestrian accident N EMS/Rescue/Other 323 Motor vehicle/pedestrian accident (MV Ped)N EMS/Rescue/Other 324 Motor vehicle accident with NO injuries N EMS/Rescue/Other 324 Motor vehicle accident with no injuries.N EMS/Rescue/Other 331 Lock-in (if lock out , use 511 )N EMS/Rescue/Other 341 Search for person on land N EMS/Rescue/Other 342 Search for person in water N EMS/Rescue/Other 351 Extrication of victim(s) from building/structure N EMS/Rescue/Other 352 Extrication of victim(s) from vehicle N EMS/Rescue/Other 353 Removal of victim(s) from stalled elevator Y Fire Services 356 High angle rescue N EMS/Rescue/Other 357 Extrication of victim(s) from machinery N EMS/Rescue/Other 360 Water & ice related rescue, other N EMS/Rescue/Other 361 Swimming/recreational water areas rescue N EMS/Rescue/Other 364 Surf rescue N EMS/Rescue/Other 365 Watercraft rescue N EMS/Rescue/Other 372 Trapped by power lines N EMS/Rescue/Other Schedule 1 - NFIRS Call Data Call/Incident Type Categorizations Raftelis, Inc. City of Dania Beach / FY 2025 Fire Assessment Study NFIRS Type Code NFIRS Type Description Included? Call Type Schedule 1 - NFIRS Call Data Call/Incident Type Categorizations 381 Rescue or EMS standby N EMS/Rescue/Other 400 Hazardous condition, other Y Fire Services 411 Gasoline or other flammable liquid spill Y Fire Services 412 Gas leak (natural gas or LPG)Y Fire Services 413 Oil or other combustible liquid spill Y Fire Services 422 Chemical spill or leak Y Fire Services 424 Carbon monoxide incident Y Fire Services 440 Electrical wiring/equipment problem, other Y Fire Services 441 Heat from short circuit (wiring), defective/worn Y Fire Services 442 Overheated motor Y Fire Services 443 Light ballast breakdown Y Fire Services 444 Power line down Y Fire Services 445 Arcing, shorted electrical equipment Y Fire Services 461 Building or structure weakened or collapsed Y Fire Services 463 Vehicle accident, general cleanup N EMS/Rescue/Other 481 Attempt to burn Y Fire Services 482 Threat to burn Y Fire Services 500 Service Call, other N EMS/Rescue/Other 510 Person in distress, other N EMS/Rescue/Other 511 Lock-out N EMS/Rescue/Other 512 Ring or jewelry removal N EMS/Rescue/Other 520 Water problem, other N EMS/Rescue/Other 521 Water evacuation N EMS/Rescue/Other 522 Water or steam leak N EMS/Rescue/Other 531 Smoke or odor removal Y Fire Services 541 Animal problem N EMS/Rescue/Other 542 Animal rescue N EMS/Rescue/Other 550 Public service assistance, other N EMS/Rescue/Other 551 Assist police or other governmental agency N EMS/Rescue/Other 552 Police matter N EMS/Rescue/Other 553 Public service N EMS/Rescue/Other 554 Assist invalid N EMS/Rescue/Other 555 Defective elevator, no occupants Y Fire Services 561 Unauthorized burning Y Fire Services 600 Good intent call, other Y Fire Services 611 Dispatched & cancelled en route N EMS/Rescue/Other 611 Dispatched & canceled en route N EMS/Rescue/Other 621 Wrong location N EMS/Rescue/Other 622 No incident found on arrival at dispatch address N EMS/Rescue/Other 631 Authorized controlled burning Y Fire Services 650 Steam, other gas mistaken for smoke, other Y Fire Services 651 Smoke scare, odor of smoke Y Fire Services 652 Steam, vapor, fog or dust thought to be smoke Y Fire Services 653 Barbecue, tar kettle Y Fire Services 661 EMS call, party transported by non-fire agency N EMS/Rescue/Other 671 Hazmat release investigation w/ no hazmat Y Fire Services 672 Biological hazard investigation, none found Y Fire Services 700 False alarm or false call, other Y Fire Services 710 Malicious, mischievous false call, other Y Fire Services Raftelis, Inc.