CITY OF POMPANO BEACH CITY COMMISSION MEETING AGENDA NO TUESDAY, JUNE 11, :00 P.M. Mayor, Presiding. City Clerk

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1 CITY OF POMPANO BEACH CITY COMMISSION MEETING AGENDA NO TUESDAY, JUNE 11, :00 P.M. CALL TO ORDER The Honorable Lamar Fisher Mayor, Presiding ROLL CALL Mary L. Chambers, MMC, City Clerk INVOCATION PLEDGE OF ALLEGIANCE Reverend Anthony Burrell Mt. Calvary Baptist Church Led by Mary L. Chambers, MMC, City Clerk APPROVAL OF MINUTES City Commission Meeting Minutes of May 28, 2013 APPROVAL OF THE AGENDA City Commission SPECIAL PRESENTATIONS Mayor Lamar Fisher 1. Unity in the Community Scholarships in the amount of $1,000 each will be presented by Carolyn Mann, President of Unity in the Community and Mayor Fisher to the following individuals: Kinrencia Francois, graduate of Fort Lauderdale High School and will attend Florida State University, Business. Sarah Dorvil, graduate of Northeast High School and will attend the University of Florida, Pre-Medicine.

2 SPECIAL PRESENTATIONS - continued 2. Presentation of Bronze Plaques for the City s Historic Sites by Mayor Fisher. These plaques will be placed on structures recently added to the City s Local Register of Historic places: Fire House No. 1, Pump House No. 1 and Bethel AME Church. A special award of recognition will be presented to Mr. Robert Todd, former Historic Preservation Committee member. AUDIENCE TO BE HEARD All persons interested in speaking during Audience To Be Heard must fill out a request form and turn it in to the City Clerk prior to the meeting. A request form is located on the last page of the agenda program. CONSENT AGENDA 1. Approve ranking order for RFP T Vending Services-Revenue Sharing and authorize staff to negotiate a contract with the highest ranked firm PepsiCo Food Services. (No cost at this time.) (Staff Contact: Mark Beaudreau) 2. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE WORK AUTHORIZATION NO. 1 IN THE AMOUNT OF $41,500.00, PURSUANT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND CRAVEN, THOMPSON & ASSOCIATES, INC. FOR CONTINUING CONTRACT FOR CIVIL ENGINEERING SERVICES FOR VARIOUS CITY PROJECTS; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert A. McCaughan/Alessandra Delfico) 2

3 CONSENT AGENDA CONTINUED 3. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH PURSUANT TO CHAPTER 96 OF THE CITY S CODE OF ORDINANCES, ASSESSING THE CITY S COSTS FOR ABATING PUBLIC NUISANCE CONDITIONS ON REAL PROPERTY(IES) IN THE CITY AND PROVIDING THAT UPON THE RECORDING OF THIS RESOLUTION SAID ASSESSMENT, INCLUDING ADMINISTRATION AND INSPECTION COSTS, SHALL BE A LIEN AGAINST THE PROPERTY(IES) WHICH SHALL BEAR INTEREST AS SET FORTH IN SECTION 55.03, FLORIDA STATUTES, AND BE CO-EQUAL WITH LIENS OF AD VALOREM TAXES; DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE RESOLUTION AND TO PROVIDE OWNER(S) WITH A NOTICE OF LIEN; PROVIDING AN EFFECTIVE DATE. ($31,041.69) (Staff Contact: Barbara Schubert/Robin M. Bird) 4. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND GLOVES, INC. FOR GEAR INSPECTION, REPAIR, CLEANING AND TRACKING; PROVIDING AN EFFECTIVE DATE. (Fiscal impact: $29,000.00) (Staff Contact: John Jurgle) 5. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND CDM SMITH INC. F/K/A CAMP DRESSER & MCKEE INC. FOR CONTINUING CONTRACT FOR ENGINEERING SERVICES FOR WATER AND RECLAIMED WATER TREATMENT PLANT PROJECTS; PROVIDING AN EFFECTIVE DATE. (No cost at this time.) (Staff Contact: Robert A. McCaughan/Alessandra Delfico) 3

4 CONSENT AGENDA - CONTINUED 6. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND FIRST HAITIAN BAPTIST CHURCH OF POMPANO BEACH, FLORIDA, INC.; PROVIDING AN EFFECTIVE DATE. (No cost) (Staff Contact: Robin M. Bird/Paola A. West) 7. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO COMMERCIAL NET LEASE BETWEEN THE CITY OF POMPANO BEACH AND CABOT III-FL2W06-W12, LLC FOR PROPERTY LOCATED AT NW 25 TH AVENUE; PROVIDING AN EFFECTIVE DATE. (Fiscal impact: $25, total annual cost) (Staff Contact: John Jurgle) 8. RES. NO : A RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SATISFACTION OF MORTGAGE PERTAINING TO A FIRST TIME HOMEBUYER LOAN GIVEN BY THE CITY OF POMPANO BEACH TO MARCIA C. BERRIAN; PROVIDING AN EFFECTIVE DATE. (Fiscal impact: $30, SHIP Funds.) (Staff Contact: Miriam Carrillo) 9. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING THE CITY S ANNUAL ACTION PLAN AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOCAL GOVERNMENT CERTIFICATIONS, SPECIFIC CDBG CERTIFICATIONS, OPTION CERTIFICATION CDBG, SPECIFIC HOME CERTIFICATIONS, HOPWA CERTIFICATIONS, ESG CERTIFICATIONS AND APPENDIX TO CERTIFICATIONS; PROVIDING AN EFFECTIVE DATE. (Fiscal impact: HUD CDBG and HOME funding) (Staff Contact: Miriam Carrillo) 4

5 CONSENT AGENDA - CONTINUED 10. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FOURTH AMENDMENT BETWEEN THE CITY OF POMPANO BEACH AND PENN CREDIT CORPORATION RELATING TO SPECIALIZED DEBT COLLECTION SERVICES; PROVIDING AN EFFECTIVE DATE. (No cost) (Staff Contact: Suzette Sibble) 11. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE REINSTATEMENT AND LEASE EXTENSION AGREEMENT NO. 4 BETWEEN THE BOARD OF COMMISSIONERS OF THE FLORIDA INLAND NAVIGATION DISTRICT AND THE CITY OF POMPANO BEACH; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Mark Beaudreau) 12. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE REINSTATEMENT AND LEASE EXTENSION AGREEMENT NO. 4 BETWEEN THE CITY OF POMPANO BEACH AND MERRITT S BOAT AND ENGINE WORKS, INC. FOR LEASE OF LAND LYING UNDER CALIBAN CANAL AND WATER RIGHTS CONNECTED THERETO FOR BOATING, RECREATIONAL, CONSERVATIONAL AND MARINE PURPOSES; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Mark Beaudreau) 13. Approval to transfer and assign two cemetery plots from Raymond Pistarelli back to the City of Pompano Beach. (Fiscal impact: $1,700.00) (Staff Contact: Robert A. McCaughan) 5

6 CONSENT AGENDA - CONTINUED 14. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $500,000 TO THE FLORIDA DIVISION OF CULTURAL AFFAIRS FOR THE PURPOSE OF OBTAINING FUNDS FOR CONSTRUCTION OF THE NEW POMPANO BEACH CULTURAL ARTS CENTER; AND CONFIRMINNG THE CITY S CONTRIBUTION OF $3, ; AND IF AWARDED, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Mark Beaudreau) REGULAR AGENDA 15. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AMENDMENT NO. 1 TO WORK AUTHORIZATION NO. 2 IN THE AMOUNT OF $74,725.00, PURSUANT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND DESIGN KOLLABORATIVE ARCHITECTS PLANNERS, INC. FOR DESIGN SERVICES FOR UNDERGROUND UTILITIES AND STREETSCAPE ON BRINY AVENUE; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robert A. McCaughan/John Sfiropoulos) QUASI-JUDICIAL PROCEEDING 16. P.H ; ORD. NO : (ORDINANCE 2 ND READING) AN ORDINANCE OF THE CITY OF POMPANO BEACH, FLORIDA, ABANDONING A CERTAIN 20 FOOT WIDE PORTION OF THE RIGHT-OF- WAY FOR SOUTHWEST 1 ST AVENUE LYING BETWEEN SOUTHWEST 1 ST STREET AND SOUTHWEST 2 ND STREET; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. FIRST READING: MAY 28, 2013 (Staff Contact: Robin M. Bird) END OF QUASI-JUDICIAL PROCEEDING 6

7 REGULAR AGENDA - CONTINUED 17. P.H ; ORD. NO : (ORDINANCE 2 ND READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 70, GENERAL PROVISIONS, OF THE POMPANO BEACH CODE OF ORDINANCES BY AMENDING SECTION 70.12, DISPOSITION OF FINES, TO DELETE REQUIREMENT THAT PARKING FINES BE DEPOSITED IN THE GENERAL FUND; AND BY CREATING CHAPTER 74, PARKING ENTERPRISE FUND, ESTABLISHING THE PARKING ENTERPRISE FUND OF THE CITY OF POMPANO BEACH; ESTABLISHING THE PURPOSE OF SAID FUND; PROVIDING FOR DEPOSITS INTO THE FUND; PROVIDING FOR EXPENDITURES FROM THE FUND; AND PROVIDING FOR INVESTMENT OF SURPLUS FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. FIRST READING: MAY 28, 2013 (Staff Contact: Suzette Sibble/Chris Brown) 18. P.H ; ORD. NO : (ORDINANCE 2 ND READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BY AND BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND THE CITY OF POMPANO BEACH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Fiscal impact: Annual fee of $13,167.00) FIRST READING: MAY 28, 2013 (Staff Contact: Robert A. McCaughan) 7

8 REGULAR AGENDA - CONTINUED 19. P.H ; ORD. NO : (ORDINANCE 2 ND READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, GRANTING AN ADDITIONAL 90-DAY TEMPORARY MORATORIUM ON THE ISSUANCE OF VIOLATIONS AND ON PROSECUTION OF PENDING VIOLATIONS OF SECTION 90.27(A) OF THE CITY S CODE OF ORDINANCES THAT DEAL WITH FEEDING OF FERAL CATS, FOR THE PURPOSE OF REVIEWING CITY POLICY; PROVIDING FOR NON-CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. FIRST READING: MAY 28, 2013 (Staff Contact: Gordon B. Linn) 20. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE AMENDING CHAPTER 37, POMPANO BEACH CODE ENFORCEMENT, OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH BY AMENDING SECTION 37.10, ESTABLISHING FINE AND LIEN, TO REMOVE CERTAIN LANGUAGE REGARDING PRIORITY OF CODE ENFORCEMENT LIENS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Gordon B. Linn/Mark E. Berman) 21. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN MAP AMENDMENT FOR THE POMPANO PIER PARKING LOT REDEVELOPMENT PROJECT LOCATED AT NORTH OCEAN BOULEVARD ON THE EAST SIDE OF A1A BETWEEN NE 2 ND STREET AND NE 3 RD STREET BOUNDED BY POMPANO BEACH BOULEVARD ON THE EAST; PROVIDING FOR A DETERMINATION THAT A LOCAL PLANNING AGENCY HEARING WAS HELD ON MAY 22, 2013; PROVIDING THAT A TRANSMITTAL AND ADOPTION PUBLIC HEARING WILL BE HELD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING SECOND READING WILL BE HELD ON JUNE 25, (Staff Contact: Robin M. Bird/Jennifer Gomez) 8

9 REGULAR AGENDA - CONTINUED 22. P.H ; ORD. NO : (PUBLIC HEARING 1 ST READING) AN ORDINANCE OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SUPPLEMENT SERVICE AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND AMERICAN LEGAL PUBLISHING CORPORATION TO PROVIDE FOR THE REPRINTING AND THE SUPPLEMENTING OF THE CITY OF POMPANO BEACH CODE OF ORDINANCES FOR A FIVE-YEAR PERIOD; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Mary L. Chambers) 23. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING TO THE AIR PARK ADVISORY BOARD OF THE CITY OF POMPANO BEACH AS ALTERNATE 1 FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE ON JULY 1, 2016; PROVIDING AN EFFECTIVE DATE. APPLICANTS: Daniel Horak (Incumbent, Alternate #1) District 3 Donald S. McNiel (Incumbent, Alternate #2) District 1 Heather E. Brunner District 1 Charles Cavallaro District 1 W.P. Davis, Jr. District 1 Richard Tobin District 1 David Baumwald District 2 Charles H. Bechert, III District 3 Jason Esper District 3 Ray Lubomski District 3 James B. Morehead District 3 Ellen Schefler District 5 (Staff Contact: Mary L. Chambers) 9

10 REGULAR AGENDA - CONTINUED 24. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING TO THE AIR PARK ADVISORY BOARD OF THE CITY OF POMPANO BEACH AS ALTERNATE 2 FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE ON JULY 1, 2016; PROVIDING AN EFFECTIVE DATE. (PLEASE REFER TO PREVIOUS ITEM FOR APPLICANTS) (Staff Contact: Mary L. Chambers) 25. RES. NO : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING TO THE EMERGENCY MEDICAL SERVICES ADVISORY BOARD OF THE CITY OF POMPANO BEACH AS ALTERNATE 1 FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE ON JULY 1, 2016; PROVIDING AN EFFECTIVE DATE. APPLICANTS: Harry Diamond (Incumbent) District 1 Predrag P. Jovanov District 3 Latoya T. Almonord District 4 (Staff Contact: Mary L. Chambers) 26. Consideration for the City of Pompano Beach to be an Inaugural Signatory of the Resilient Communities for America Campaign. (Staff Contact: Phyllis A. Korab) 27. Discussion on the acquisition of property for the Cresthaven Community Center. (Staff Contact: Willie Hopkins) 10

11 REGULAR AGENDA - CONTINUED REPORTS City Manager City Attorney City Clerk Internal Auditor City Commission ADJOURNMENT BALANCE IN CONTINGENCY Oct. 1, 2012 Beginning Balance $ 8, Oct. 9, 2012 Donation to Pompano Beach resident, Julia Schulte, for travel to Australia to compete in the 2012 World Lifesaving Championships Oct. 9, 2012 Donation to Pompano Beach resident, Konnor Katzmark for travel to Australia to compete in the 2012 World Lifesaving Championships. Dec. 11, 2012 Martin Luther King Jr. Holiday Celebration -2, May 14, 2013 Blues and Sweet Potato Pie Festival -1, BALANCE: $ 4,

12 CITY OF POMPANO BEACH, FLORIDA AUDIENCE TO BE HEARD REQUEST FORM NAME: TITLE: COMPANY: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: THIS FORM MUST BE COMPLETED AND HANDED TO THE CITY CLERK TWENTY (20) MINUTES PRIOR TO THE SCHEDULED MEETING. ALL DISCUSSION IS LIMITED TO THREE (3) MINUTES SUBJECT ON WHICH YOU WISH TO SPEAK: IT IS UNLAWFUL FOR ANY INDIVIDUAL TO DISTURB OR INTERRUPT ANY MEETING OF THE CITY COMMISSION. THE USE OF SLANDEROUS, OBSCENE OR PROFANE LANGUAGE, PERSONAL ABUSIVE ATTACKS UPON ANY PERSON, PHYSICAL VIOLENCE OR THE THREAT THEREOF, OR OTHER LOUD AND BOISTEROUS BEHAVIOR WHICH DISTURBS OR OTHERWISE DISRUPTS THE ORDERLY CONDUCT OF THE MEETING AND A FAILURE TO COMPLY WITH ANY LAWFUL DECISION OR ORDER OF THE MAYOR OR OF A MAJORITY OF THE COMMISSION SHALL CONSTITUTE A DISTURBANCE. PERSONAL ABUSIVE ATTACKS INCLUDE INSULTS, DISCOURTEOUS COMMENTS AND DEFAMATORY STATEMENTS. 12