City of Pompano Beach

City of Pompano Beach City Commission Meeting Commission Chambers 100 West Atlantic Blvd. Pompano Beach, FL 33060 Agenda Tuesday, 6:00 PM City Commission Lamar Fisher, Mayor Charlotte J. Burrie, Vice Mayor Barry Dockswell, Commissioner Rex Hardin, Commissioner Ed Phillips, Commissioner Barry Moss, Commissioner Dennis W. Beach, City Manager Mark Berman, City Attorney Asceleta Hammond, City Clerk

GOVERNMENT IN THE SUNSHINE The State of Florida pioneered the concept of "Government in the Sunshine," and, accordingly, all meetings of the Pompano Beach City Commission - except those to discuss labor negotiations are public. The Commission welcomes the involvement and participation of the citizens. PROCEDURE The City Commission has adopted Robert's Rules of Order, Newly Revised. CITY COMMISSION MEETING TIMES The City Commission meets two (2) times a month: Second Tuesday of the month: City Commission Meeting - 6:00 p.m. Fourth Tuesday of the month: City Commission Meeting - 6:00 p.m. ADDRESSING THE CITY COMMISSION "Audience To Be Heard" is scheduled for a thirty (30) minute period at the beginning of the 6:00 p.m. City Commission Meeting, and will be continued to the end of the meeting for those speakers who were not heard during the initial thirty-minute period. All persons interested in speaking during "Audience To Be Heard" must fill out and submit a request form to the City Clerk prior to the call of order of the meeting. Speakers will be limited to three minutes to speak on any matter, which is NOT on the Regular Agenda, or removed from the Consent Agenda, and are requested to approach the podium and state his/her name and address and, if appropriate, the organization they represent, for the record. A request form can be found on the last page of the Agenda program. HEARING IMPAIRED If you require the services of a Sign Interpreter, please notify the City Manager's Office 24 hours in advance. NOTE: Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings, 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.

CALL TO ORDER The Honorable Lamar Fisher Mayor, Presiding ROLL CALL Asceleta Hammond, City Clerk INVOCATION Elder Robert Kintchen Jr. Christ Fellowship Church of God in Christ PLEDGE OF ALLEGIANCE Led by Asceleta Hammond, City Clerk APPROVAL OF MINUTES 17-17 Regular City Commission Meeting Minutes of October 10, 2016 APPROVAL OF AGENDA CONSENT AGENDA DISCUSSION The Commission may pull items from the Consent Agenda. During Audience to be Heard, a person may speak on any item on the Consent Agenda, which has not been pulled. A. SPECIAL PRESENTATION Mayor Fisher 16-244 Broward Boating Improvement Program Grant Special presentation by Broward County Commissioner Chip LaMarca and Dan Yaffe, Broward County Marine Advisory Chair to present the City with a check from the Broward Boating Improvement Program Grant. Page 2

17-18 17-19 Recognition of Steven Kramer Mayor Lamar Fisher and Major John Hale of the Broward Sheriff s Office will recognize Steven Kramer, Garden Isles resident, for his involvement in identifying and tracking a home burglary suspect which resulted in the apprehension of a habitual felony offender. Pompano Beach Explorers Mayor Lamar Fisher and Major John Hale of the Broward Sheriff s Office will recognize Pompano Beach Explorers who attended the Florida Sheriff s Explorer Association September Delegation hosted by Manatee County. 1. Edwin Baxter - 1st Place Sharp Shooter in the 22 Cal. Division (He moved up from Marksman) and won Match Winner in the 22 Cal. Division 2. Daisy Richmond - 1st Place Marksman in the 22 Cal. Division (She moved up from Tyro) 3. Yarley Soliz - 3rd Place Tyro in the 22 Cal. Division 4. Joel Avila - 3rd Place in the Physical Agility Test Pompano Beach Explorer Pistol Team won High Team in the 22 Cal. Division. B. 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. Page 3

C. CONSENT AGENDA 1. 2. 16-96 16-203 OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MISCELLANEOUS APPROPRIATIONS AGREEMENT BETWEEN THE CITY OF POMPANO AND OUR FATHER'S HOUSE SOUP KITCHEN, INC. TO PROVIDE A CLEAN AND SAFE FEEDING ENVIRONMENT FOR THE HOMELESS AND THE NEEDY; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: $3,000) (Staff Contact: Erjeta Diamanti/Brian Donovan) OF POMPANO BEACH, FLORIDA, RESCINDING RESOLUTION NO. 2016-283, AND APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES FOR THE 2016 SMALL MATCHING HISTORIC PRESERVATION GRANT AND THE ACCOMPANYING SMALL MATCHING GRANT PRESERVATION AGREEMENT; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: $50,000) (Staff Contact: Robin Bird/Karen Santen) 3. 16-211 A RESOLUTION OF THE CITY OF POMPANO BEACH APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO SUBMIT AN APPLICATION FOR PRESERVE AMERICA COMMUNITY DESIGNATION; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Gisla Bush/Robin Bird) Page 4

4. 5. 16-230 16-232 OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND CARLOS GONZALEZ TO PAINT A MURAL ENTITLED "OLD TOWN," ON AN EXTERIOR WALL OF A BUILDING OWNED BY T E P M, INC., LOCATED AT 135 N.E. 1ST AVENUE; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: $6,400) (Staff Contact: Robin Bird/Laura Atria) OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND T E P M, INC. FOR THE USE OF THE EXTERIOR WALL OF THE BUILDING LOCATED AT 135 NE 1ST AVENUE FOR THE PAINTING OF A MURAL ENTITLED, "OLD TOWN"; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Robin Bird/Laura Atria) Page 5

6. 7. 8. 16-242 16-243 17-03 OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION IN THE AMOUNT UP TO $200,000.00 TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR THE PURPOSE OF OBTAINING FUNDS TO ASSIST WITH THE APPROVED PROJECT FOR NORTH POMPANO HARDSCAPE AND LANDSCAPE; CONFIRMING THE CITY S CONTRIBUTION IN AN AMOUNT UP TO $200,000.00; AND, IF AWARDED, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FUNDS AND EXECUTE ALL APPROPRIATE DOCUMENTS; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: $200,000 in matching funds from CIP Funds and or other matching grant funds.) (Staff Contact: Mark A. Beaudreau/Missy Kitts) OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A REINSTATEMENT AND PROJECT AGREEMENT AMENDMENT BETWEEN THE CITY OF POMPANO BEACH AND THE FLORIDA INLAND NAVIGATION DISTRICT RELATING TO THE ALSDORF PARK IMPROVEMENTS - PHASE II PROJECT; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: None at this time) (Staff Contact: Mark A. Beaudreau) OF POMPANO BEACH, FLORIDA, APPROVING AND ACCEPTING THE CITY'S ANNUAL PUBLIC ART PLAN AND DIRECTING STAFF TO PROCEED WITH PROJECTS INCLUDED IN THE PLAN FOR FY 2017; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: $251,860) (Staff Contact: Robin Bird/Laura Atria) Page 6

9. 10. 11. 17-12 17-13 17-15 Approval to purchase sod and sod installation, as needed, for the Public Works Department, per the City of Boynton Beach cooperative bid #066-2730-16/JMA, from the primary and alternate vendors awarded per item, Mullings Engineering Services LLC, Odum s Sod Inc. and Sunset Sod Inc., in the estimated annual amount of $60,000. (Fiscal Impact: $60,000) (Staff Contact: Robert McCaughan) Approval of budget adjustment to appropriate and rollover funding totaling $1,383,077 from Fiscal Year 2016 to Fiscal Year 2017 for capital outlay and operating expenditures. (Staff Contact: Erjeta Diamanti/Brian Donovan) Approval to Piggyback the Florida Department of Transportation (FDOT) Contract #BDZ45 to relocate trees from the I-95 Corridor to City facilities, for the Public Works Department, by DeAngelo Brothers, LLC, at a total cost of $179,935.00. (Fiscal Impact: $179,935.00) (Staff Contact: Robert McCaughan) 12. 17-25 OF POMPANO BEACH, FLORIDA, SUPPORTING STATE FUNDING FOR THE BOYS & GIRLS CLUBS; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Mark E. Berman) Page 7

D. REGULAR AGENDA 13. 16-199 QUASI-JUDICIAL PROCEEDING P.H. 2016-97: (PUBLIC HEARING 2ND READING) AN ORDINANCE OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING THE REZONING OF THE PROPERTY LYING SOUTH OF ATLANTIC BOULEVARD (S.R. 814) AND BOTH EAST AND WEST OF THE SOUTH TERMINUS OF NE 5TH AVENUE FROM RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) TO A MODIFED RPUD; PROVIDING FOR CONFORMANCE TO AN APPROVED MASTER PLAN; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. FIRST READING: OCTOBER 10, 2016 (Staff Contact: Jae Eun Kim/Robin Bird) END OF QUASI-JUDICIAL PROCEEDING Page 8

14. 16-202 P.H. 2016-98: (PUBLIC HEARING 2ND READING) AN ORDINANCE AMENDING CHAPTER 155, ZONING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION 155.4225., COMMERCIAL: VISITOR ACCOMMODATION USES, BY MODIFYING DEFINITIONS, STANDARDS AND REQUIREMENTS FOR APARTMENT HOTELS, BED AND BREAKFAST INNS AND HOTELS AND MOTELS; BY AMENDING SECTION 155.5102., OFF-STREET PARKING AND LOADING, TO MODIFY THE MINIMUM NUMBER OF OFF-STREET PARKING SPACES FOR APARTMENT HOTELS, BED AND BREAKFAST INNS AND HOTELS AND MOTELS; AND BY AMENDING PART 5, "TERMS AND USES DEFINED," BY REVISING TERMS USED OR REFERENCED IN THIS ORDINANCE AND CREATING A DEFINITION FOR LODGING UNIT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. FIRST READING: OCTOBER 10, 2016 (Staff Contact: Karen Friedman/Robin Bird) 15. 16-200 P.H. 2016-100: (PUBLIC HEARING 2ND READING) AN ORDINANCE AMENDING CHAPTER 155, ZONING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION 155.2308, POST DECISION ACTIONS AND LIMITATIONS, TO TOLL THE RUNNING OF THE EXPIRATION TIME PERIOD FOR ANY DEVELOPMENT ORDER DURING THE TIME PERIOD THE SUBJECT PROPERTY IS UTILIZED BY A GOVERNMENT ENTITY FOR A PUBLIC PURPOSE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. FIRST READING: OCTOBER 10, 2016 (Staff Contact: Karen Friedman/Robin Bird) Page 9

16. 17-04 P.H. 2016-62: (PUBLIC HEARING 1ST READING) AN ORDINANCE AMENDING CHAPTER 155, ZONING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION 155.4303., STANDARDS FOR SPECIFIC ACCESSORY USES AND STRUCTURES, TO PROVIDE A DEFINITION OF AND STANDARDS GOVERNING LOCATION OF ATHLETIC COURTS OR FIELDS; BY AMENDING SECTION 155.5302, "FENCES AND WALLS," TO PROVIDE STANDARDS FOR FENCING PROVIDED AS PART OF A PERMITTED ATHLETIC COURT OR FIELD; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. TABLED FROM APRIL 26, 2016 (Staff Contact: Karen Friedman/Robin Bird) 17. 16-224 P.H. 2017-01: (PUBLIC HEARING 1ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LABOR AGREEMENT BETWEEN THE POMPANO BEACH PROFESSIONAL FIRE FIGHTERS, LOCAL 1549 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AND THE CITY OF POMPANO BEACH, FOR THE PERIOD BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2019; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: $970,584) SECOND READING: OCTOBER 10, 2016 (Staff Contact: Ed Beecher) Page 10

18. 16-225 P.H. 2017-02: (PUBLIC HEARING 1ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH AMENDING CHAPTER 34, CITY POLICY, OF THE CITY OF POMPANO BEACH CODE OF ORDINANCES RELATING TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BY CREATING A NEW SECTION 34.0605, SUPPLEMENTAL SHARE PLAN RETIREMENT BENEFIT FOR POLICE OFFICERS, PROVIDING FOR THE CREATION OF A SUPPLEMENTAL RETIREMENT BENEFIT FOR POLICE OFFICERS TO BE FUNDED SOLELY FROM PREMIUM TAX REVENUES RECEIVED BY THE CITY PURSUANT TO CHAPTER 185, FLORIDA STATUTES; BY AMENDING SECTION 34.061, CONTRIBUTIONS, TO PROVIDE FOR THE USE OF PREMIUM TAX REVENUES RECEIVED BY THE CITY PURSUANT TO CHAPTER 185, FLORIDA STATUTES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Ed Beecher) Page 11

19. 16-226 P.H. 2017-03: (PUBLIC HEARING 1ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 113, "LICENSES," OF THE POMPANO BEACH CODE OF ORDINANCES BY AMENDING SECTION 113.39, BUSINESS TAX RECEIPT SCHEDULE, TO EXTEND THE TIME PERIOD FOR A BUSINESS TAX RECEIPT FOR CHRISTMAS TEMPORARY HOLIDAY SALES VENDORS; BY AMENDING SECTION 113.40, TEMPORARY HOLIDAY SALES VENDORS, TO PROVIDE ADDITIONAL TIME FOR THOSE CONDUCTING SALES UNDER A TEMPORARY HOLIDAY SALES VENDOR LICENSE FOR A SPECIFIC TIME PERIOD IN NOVEMBER THROUGH DECEMBER OF EACH YEAR; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. SECOND READING: OCTOBER 10, 2016 (Staff Contact: Karen Friedman/Robin Bird) 20. 17-01 P.H. 2017-04: (PUBLIC HEARING 1ST READING) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, GRANTING AN ADDITIONAL 180-DAY TEMPORARY MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND PERMITS AND ON THE PROCESSING OF APPLICATIONS INVOLVING USES RELATED TO MEDICAL CANNABIS; PROVIDING FOR EARLY TERMINATION UPON PASSAGE OF ORDINANCES REGULATING MEDICAL CANNABIS USES IN THE CITY PRIOR TO EXPIRATION OF THE MORATORIUM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Karen Friedman/Robin Bird) Page 12

21. 17-14 P.N. 2017-05: (PUBLIC HEARING 1ST READING) OF POMPANO BEACH, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING THE REAL PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF WEST ATLANTIC BOULEVARD AND THE FLORIDA TURNPIKE, IDENTIFIED BY FOLIO NO. 484232190020, AS A BROWNFIELD AREA PURSUANT TO SECTION 376.80(2)(C), FLORIDA STATUES, FOR THE PURPOSE OF REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; PROVIDING AN EFFECTIVE DATE. (Staff Contact: Chris Clemens/Greg Harrison) 22. 16-217 OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND WEST CONSTRUCTION, INC. FOR DESIGN/BUILD SERVICES FOR FIRE STATION 24; PROVIDING AN EFFECTIVE DATE. (Fiscal Impact: $5,191,010.03) (Staff Contact: Horacio Danovich/John Jurgle) Page 13

23. 17-08 OF POMPANO BEACH, FLORIDA, APPOINTING TO THE NUISANCE ABATEMENT BOARD OF THE CITY OF POMPANO BEACH FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE OCTOBER 25, 2019; PROVIDING AN EFFECTIVE DATE. APPLICANTS: Charles H. Bechert, III, (Attorney) - District 3 Richard Leys (Business in sales and techinical design) - District 3 Corey Thompson (Forklift Operator) - District 4 Russell T. Adams (Property Management) - District 5 (Staff Contact: Asceleta Hammond) 24 17-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPOINTING TO THE NUISANCE ABATEMENT BOARD OF THE CITY OF POMPANO BEACH FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE OCTOBER 25, 2019; PROVIDING AN EFFECTIVE DATE. PLEASE REFER TO AGENDA ITEM NO. 23 FOR APPLICANTS. (Staff Contact: Asceleta Hammond) Page 14

25. 17-10 OF POMPANO BEACH, FLORIDA, APPOINTING TO THE NUISANCE ABATEMENT BOARD OF THE CITY OF POMPANO BEACH FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE OCTOBER 25, 2019; PROVIDING AN EFFECTIVE DATE. PLEASE REFER TO AGENDA ITEM NO. 23 FOR APPLICANTS. (Staff Contact: Asceleta Hammond) 26. 17-11 OF POMPANO BEACH, FLORIDA, APPOINTING TO THE NUISANCE ABATEMENT BOARD OF THE CITY OF POMPANO BEACH FOR A TERM OF THREE (3) YEARS; SAID TERM TO EXPIRE OCTOBER 25, 2019; PROVIDING AN EFFECTIVE DATE. PLEASE REFER TO AGENDA ITEM NO. 23 FOR APPLICANTS. (Staff Contact: Asceleta Hammond) 27. 17-07 REVIEW OF SEALED WRITTEN BIDS FOR THE PURCHASE OF THE PROPERTY DECLARED AS SURPLUS. THE SUBJECT PROPERTY IS APPROXIMATELY 100 FEET EAST OF NE 12TH AVENUE AT THE TERMINUS OF NE 9TH COURT, POMPANO BEACH, FLORIDA. (Staff Contact: Daniel Keester/Robin Bird) E. REPORTS City Manager City Attorney City Clerk City Commission Page 15

F. ADJOURNMENT BALANCE IN CONTINGENCY Oct. 1, 2015 Beginning Balance $10,000 June 11, 2016 Black on Black Crime Solutions Event -$500 August 1, 2016 3rd Annual Collier City Family Fun Day -$500 September 13, 2016 Casino Night in Rio Annual Event -$1000 September 27, 2016 C2B Trip to Kennedy Space Center -$500 September 27, 2016 Pompano Beach Bums Senior Softball World Championship -$550 Total Ending Balance: $6,950 Oct. 1, 2016 Beginning Balance for FY 2017 $10,000 Page 16

CITY OF POMPANO BEACH, FLORIDA AUDIENCE TO BE HEARD REQUEST FORM NAME: TITLE: COMPANY: ADDRESS: CITY: STATE: ZIP: EMAIL: PHONE: FAX: EACH SPEAKER IS LIMITED TO THREE (3) MINUTES SUBJECT YOU DESIRE TO SPEAK ON: NOTE: THIS FORM MUST BE COMPLETED AND HANDED TO THE CITY CLERK PRIOR TO THE CALL TO ORDER OF THE MEETING. THE CITY CLERK WILL CALL RESIDENTS AND/OR TAXPAYERS, TO INCLUDE AUTHORIZED REPRESENTATIVES FOR PERSONS PERMITTED TO BE HEARD, AS WELL AS EMPLOYEES OF THE CITY TO SPEAK FIRST. OTHERS DESIRING TO SPEAK WILL THEREAFTER BE CALLED TO SPEAK, EXCEPT WHEN THE PERSON IS A USER OF THE CITY S WATER OR SEWER SYSTEM AND WISHES TO BE HEARD ON A MATTER RELATED TO THE CITY S WATER AND/OR SEWER SYSTEM. Page 17