City of North Bay Village Administrative Offices 1666 Kennedy Causeway Suite 700 North Bay Village FL33141-4190 {305) 756-7171 Fax (305) 756-7722 Website - www.nbvillage.com OFFICIAL AGENDA REGULAR CITY COMMISSION MEETING THE LEXI 1700 KENNEDY CAUSEWAY, SUITE 132 NORTH BAY VILLAGE, FL 33141 TUESDAY, APRIL 12, 2011 7:30 P.M. JE ROR Con MeN OIL INTERESTED PARTIES THAT IR ANY PERSON SHOULD DECIDE T0 APPEAL ANY DECISION MADR PURO Aa NANG MEETING OF TLR CITY COMMISSION, SUCH PERSON WILL NEED A RECORD OF ting cha PURPOSE, HE OR SHE WILL Nt Gry FOR Mle INR ENCE UPON WHICH THE APPEAL 1870 BE BASED. THIS NOTICE DOES NO CoNSTHOrTE eo orn ee [APPEALS NO CTHRNWes Ao ADMISSION OF OTHERWISE INADMISSIBLE BVIDENCE, NOR DOES Tr AUIHONURS ee APPEALS NOT OTHERWISE ALLOWED BY Law LANGURGE INTRRIEti No AMERICANS WITH DISABILITIES ACT OF 1950, PERSONS NEEDING SPECIAL. ACCOMMODATION OR A SION TO THE TROCEEDI Tee ARTICIPATE IN TUS PROCEEDING SHOULD CONTACT (08) 18671 NO LAYER THe cone Does rene red CIES) TO ea ek HO MPAIRED, TELEPONE THE FLORIDA RELAY SERVICE NOMAIRG At GOD SSF ae Oe aE 5700 (VOICE) FOR ASSISTANCE. L CALL TO ORDER, PLEDGE OF ALLEGIANCE, ROLL CALL 2. A. PROCLAMATIONS AND AWA. RDS i WATER CONSERVATION MONTH 2 AMERICAN CANCER FUND FOR CHILDREN, INC. 3. NATIONAL TELECOMMUNICATORS? WEEK B. SPECIAL PRESENTATIONS C. ADDITIONS AND DELETIONS 3. BOARD REPORTS 4. CITY MANAGER’S REPORT 5. GOOD & WELFARE smissioner ‘Commissioner ‘Commissioner Dr. Paul Vogel Mayor Vico Mayor |, Page 1, Rodriguez Eddie Lim Corina $. Esquijarosa Connie Leon-Kreps6. Bee COMMISSIONERS’ REPORTS CONSENT AGENDA. A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING THE APPROPRIATION OF $1,500 OF AVAILABLE NON- APPROPRIATED POLICE STATE FORFEITURE FUNDS AND THE DISBURSEMENT OF SUCH FUNDS TO COVER THE COST OF NORTH BAY VILLAGE POLICE ATHLETIC ACTIVITIES LEAGUE (P.A.A.L,) MOVIE NIGHTS; SETTING AN EFFECTIVE DATE. (INTRODUCED BY CITY MANAGER ROBERT PUSHKIN) The proposed Resolution will establish funds in the Police State Forfeiture account and will allow expenditure of such funds for the purposes set forth in the Resolution. 1.) Commission Action A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING THE APPROPRIATION OF $700 OF AVAILABLE NON- APPROPRIATED POLICE STATE FORFEITURE FUNDS AND THE DISBURSEMENT OF SUCH FUNDS TO THE POLICE ATHLETIC ACTIVITIES LEAGUE (P.A.A.L.); SETTING AN EFFECTIVE DATE. (INTRODUCED BY CITY MANAGER ROBERT PUSHKIN) The proposed Resolution will establish funds in the Police State Forfeiture account and will allow expenditure of such funds for the purposes set forth in the Resolution. 1.) Commission Action Page 2 of $A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, APPROVING AN AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS FOR A DIGITAL COPIER MACHINE FOR THE CITY ADMINISTRATIVE OFFICES; UNDER THE PIGGYBACK PURCHASING PROVISION, PURSUANT TO SECTION 36.25) OF THE CITY OF NORTH BAY VILLAGE CODE OF ORDINANCES; AUTHORIZING CITY OFFICIALS TO TAKE ALL NECESSARY STEPS TO IMPLEMENT THE TERMS OF THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND SETTING AN EFFECTIVE DATE. (INTRODUCED BY CITY MANAGER ROBERT PUSHKIN) The proposed Resolution will authorize an agreement for a new lease for a copier machine in the City’s administrative office. 1.) Commission Action 8. PLANNING & ZONING CONSENT AGENDA 9. ORDINANCES FOR FIRST READING AND RESOLUTIONS A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, CREATING COMMISSION MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (INTRODUCED BY MAYOR CORINA S. ESQUIJAROSA) The proposed Resolution will establish procedures for conducting City Commission Meetings and preparation of the agendas for the meetings. 1.) | Commission Action Page 3 of $12. 13. 14, 15. PUBLIC HEARINGS INCLUDING ORDINANCES FOR SECOND READING AL AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, AMENDING THE CODE OF THE CITY OF NORTH BAY VILLAGE BY AMENDING CHAPTER 30 ENTITLED “CITY COMMISSION” TO ADDRESS COMMISSION PROCEDURES AND PROVIDE FOR ADOPTION OF COMMISSION PROCEDURES BY RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. (INTRODUCED BY MAYOR CORINA S. ESQUIJAROSA) - SECOND READING ~ PUBLIC HEARING The proposed Ordinance will provide procedures for conducting and scheduling City Commission Meetings. 1.) Commission Action CITY ATTORNEY’S REPOR’ UNFINISHED BUSINESS NEW BUSINESS A. D. APPOINTMENT TO THE ANIMAL CONTROL ADVISORY COMMITTEE 1.) Commission Action BIN BOARDS PROJECT (COMMISSIONER FRANK RODRIGUEZ) IT (NFORMATION TECHNOLOGY) REPRESENTATIVE (VICE MAYOR CONNIE LEON-KREPS) ANIMAL CONTROL (VICE MAYOR CONNIE LEON-KREPS) APPROVAL OF MINUTES ADJOURNMENT Page 4 of $City of North Bay Village -Administeative Ofices 1700 Kennedy Causeway Suite 132 North Bay Village FL 33141-6190 (80S) 756-7171 Fox (305) 756-7722. Website - www.nbvillage.com MEMORANDUM To: Mayor Corina S. Esquijarosa Vice Mayor Connie Leon-Kreps Commissioner Eddie Lim Commissioner Frank Rodriguez Commissioner Paul Vogel From: Robert Push) City Manggef Date: April 5, 2011 Subject: Financial Status as of February 28, 2011 The City Staff has reviewed the expenditures and cash position for the period ending February 28, 2011 and has prepared the attached financial report. The highlights are as follows: The City has received approximately 98% of the pro-rata budgeted real and personal property tax revenue through February 28, 2011. ‘* The majority of the revenues are below budget because the revenue is received one ‘month in arrears, while the CITT funds are three months in arrears, 4)[Oe cae Neer i i xn ost ! ont * i a | i Povo) Reb Serie i 18,497 254 —~ 6.828.086, | oa os i i | = LE ————— faa ipaand Pape Tas “eer aes eae ae Fico 0 ass Sa | Some Se ie me ne Seertergeee rn Set im'Sime aw | omnes rane Cae eee ee | mowers ene ca issues earns taco iam ase | ite Se “eat eae | Sree Se ae Soo oe | Seat en ies aire "me | oarrocsn sees oo | Peete cae seams Htioaae ere Revenues & Carver ET cay I = RS | Setonorspre aa Soe ne | Shomer pee “aie Simon | Seater ice Tass amy ‘Sat | for oo Ge kas km ak Loreena co 0 omen ee | cocormcs Seems bates Stow aha aaa | peop ante ide sion Soe | Recenhttn sso come ous “San See | Seaman este : cero raereret) oom | Ter rose ; ik i ae Tam ae — —— | Bons She a nae ee | j aac Fund ens __ProRava Budget Yesrte-Date, Pro-Fsla% | Reet aes ee ana ae | Sane none SE a | vest expenses 12.700 98.0% | fom —————— RL Tend he er ae ; jon Stet aa ara — oor jee Sie aur ae L. cir¥ oF NORTH BAY VILLAGE SUDCETAN-DRIEE thru February 28,2011 ! I | Fs | acest So ES Sea | Fontenot a : am | een oa 2 ee Steenetcnes ster — aa aa — 2 | Tuevcmivnes nit et Say af raewoses tos ar Ree S| Sa este | = oa | Ton fon Gee nt on To tn ein oe KyaresGineer "pats sat | Skee ER} ar ar 2 “Tolst Expense 2038.00 49938 901,305. Mem i aaa ae Ee | =e ee ee a aus : an ee ne Sore ‘eo om | Tawar Sreetfoe ae Tewtteewren fue eee Tomcar SiS re ad | 1 =n Thana laa aoe | = ‘io ae es | a ma et suateae eae Sant an ee | Toaocean ‘a! ae | Babi Service Fund at Pio Re Yertabos pera. | = ae ee ie | foree Soren : Atlan | msc ant ae a tooo ae a aa an | Sa STREETS AEST Toon yd 003 Lam tome ae oa aT SaaS = sm Ten tent Fn a ac enetsitieen tai 3 —aaet —yemee facsose Teas Goo) Goan eamy 37502 ‘x05 Sears a6 ‘otal Ger Fard Tae Sato Uti ones Tot Projet Puna Tae (2)41 Maystt unt suet ages sept ° ° ° ° ° ° ° ° ° ° ° ° 32256 ° ° ° ° ° ° 8753 . ° 9 ° ° ° 353 o ° ° ° ° ° 2x5 ° ° ° ° a o s3910 ° ° ° ° o o 2740 ° 9 ° ° a ° 4603.35 9 0 © o 9 9 33,57 7 ° ° 0 o ° ° ° ° ° ° © ° ° ° ° © ° ° ° ° ° ° ° 0 > ° ° ° ° ° 0 ° ° ° o ° 0 9 ° o 0 ° ° ° ° ° ° o ° 9 0 9 9 Total Expenditures ° ° POO 0 ° Buiding Fund Revenves Te air 7 aT 7 7 o 7 Experts 5885 5500 5.368, 24,608 o ° ° ° ° ° ° Sureet Mtnce Fund Revenues Te ao TE mo 7 7 7 7 o 7 7 Brperatures 23708 aon 62307 57500 ° ° ° ° ° ° ° “Transpoctation Fund, Revenves = = EDT Te v > 3 o 7 oo Experciuces| ue 3260 25:9 4100 4960 ° ° ° ° ° ° ° ‘capita Proivet Fund Revenves aE I THe 7 7 7 oo 3 Experares wes. ‘0 7 31628 o o ° ° ° ° ° uty Fund, venues. TERT sae aaa 7 7 v > o Broeratures 125.458 mages: 05402 «518.367. ° ° ° ° ° ° ° Stormwater Fund ‘Revenues a a) o v TT 7 7 Expenditures 7 . ° ° ° 0 ° ° ° Debt Service Fund Revers : Tae ase Tea EE Expendives 160.825 - 5583 7 : Mater Improvements Fund ‘Reveries Expenstures ‘Sewer improvements Fund Revewes was Sasa 7 Sree Egenires ~ 6,700 zro.ts2 03.145 4(3)Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. Memo To: — Mayor and City Commission From: Nina Boniske, City Attorney Kathryn Mehaffey Date: April 6, 2011 Re: Use of state forfeiture funds for PAL activities ‘You have asked us to review an item for the April 12, 2011 Commission agenda regarding a request from the Chief of Police for appropriation and disbursement of $1,500 in state forfeiture funds for PAL activities. Approved state purposes for the use of these funds are limited but include a requirement that, where a municipality receives more than $15,000 a year in state forfeiture funds, 15 percent of those funds must be spent for the support or operation of a drug treatment, drug abuse education, drug prevention, or crime prevention program, The Attomey General opined in AGO 91-84, that a police athletic league with the primary purpose of preventing crime by providing recreational programs for disadvantaged youths may be supported with state forfeiture funds, if the City Commission finds that such activities are an appropriate law enforcement purpose. 7A)CITY OF NORTH BAY VILLAGE RECOMMENDATION MEMORANDUM DATE: April 6, 2011 TO: Mayor Corina S. Esquijarosa Vice Connie Leon-Kreps ‘Commissioner Eddie Lim ‘Commissioner Frank Rodriquez Commissioner Paul Vogel ‘Yvonne Hamilton, City Clerk FROM: Robert J. Daniels, Chief of Police VIA: Robert Pushkin, City Manager SUBJECT: APRIL 2011 - REQUEST TO APPROPRIATE AND DISBURSE STATE FORFEITURE FUNDS RE TION: Pursuant to Florida State Statute 932.7055(5), this memorandum will serve as a formal request t0 appropriate and disburse funds from the State Forfeiture Fund 0S in the amount of $1,500.00 for P.A.A.L activities and equipment. This expenditure is not a normal operating expense. The requested funding will not be used to pay for daily maintenance cost. This expenditure is a non-recurring expenditure for law enforcement ‘purposes. ‘The appropriation approval of $1,500 by the City Commission will allow the P.A.A.L. to provide activities to support youths in non criminal recreational activities and enhance crime prevention efforts in the City. This memorandum will serve as a written certification that the above request of $1,500 from the State Forfeiture Fund 05 for the above complies with the provisions of the Florida State Statutes, BACKGROUND: FUND 0: ‘North Bay Village P.A.A.L. Movie Nights - $1,500.00 B tY IMPACT: ‘No impact to the General Fund PERSONNEL IMPACT: None. CONTACT: 2 Chief Robert J. Daniels or Mary Jo MastrodonatoRESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING THE APPROPRIATION OF $1,500 OF AVAILABLE NON- APPROPRIATED POLICE STATE FORFEITURE FUNDS AND THE DISBURSEMENT OF SUCH FUNDS TO COVER THE COST OF NORTH BAY VILLAGE P.A.A.L. MOVIE NIGHTS; SETTING AN EFFECTIVE DATE, (INTRODUCED BY CITY MANAGER ROBERT PUSHKIN) WHEREAS, Section 932.7055, Florida Statutes, addresses the purposes and procedures to the utilized for the appropriation and expenditures of the Police Forfeiture Account; and WHEREAS, the Chief of Police of the City of North Bay Village has determined that the need for expenditures and appropriation exist and the expenditure or appropriation of forfeiture funds is in compliance with Section 932.7055, Florida Statutes; and WHEREAS, sufficient funds are available in the Police State Forfeiture Account No. 05-021-521-5401 for the expenditure. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, AS FOLLOWS: Section 1: The foregoing whereas clauses are hereby ratified and confirmed as. being true; and the same are hereby made a specific part of this Resolution. Section 2: That $1,500 is hereby appropriated in the Police State Forfeiture Account (Fund 05). That approval to disburse and expend $1,500 from the Police State Forfeiture Account (Fund 05) to cover the cost of movie nights for the North Bay Village Police Athletic Activities League (P.A.A.L,) is hereby granted. Page 1 of 2Section 4: Severability. That the provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of the resolution shall be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, clauses, sentences and phrases of this Resolution but they shall remain in effect, notwithstanding the invalidity of any part. ection S: Conflict. That all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 6: Effective Date. That this Resolution shall take effect immediately ‘upon approval. ‘The motion to adopt he foregoing Resolution was offered by seconded by Mayor Corina S. Esquijarosa Vice Mayor Connie Leon-Kreps Commissioner Eddie Lim Commissioner Frank Rodriguez Commissioner Paul Vogel PASSED AND ADOPTED this 12" day of April, 2011. MAYOR CORINA S$. ESQUIJAROSA, ATTEST: YVONNE P. HAMILTON, CMC CITY CLERK APPROVED AS TO FORM: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. City Attorney City of North Bay Village Resolution: Appropriation and Exponiture of State Forfeaue Funds - $1,500 for PAAL Movie Night 7ACY) Page 2 of 2City of North Bay Village Administrative Offices 1666 Kennedy Causeway Suite 700 North Bay Village FL33141-4190 (805) 756-7171 Fax (305) 756-722 Website - www.nbvillage.com MEMORANDUM City of North Bay Village DATE: April 6, 2011 TO: Yvonne P. Hamilton, CMC City, FROM: — Réberf Pushkin City Manager SUBJECT: Introduction of Resolution Pursuant to Section 3.08 of the City Charter, I hereby introduce the following Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING THE APPROPRIATION OF $700 OF AVAILABLE NON-APPROPRIATED POLICE STATE FORFEITURE FUNDS AND THE DISBURSEMENT OF SUCH FUNDS TO THE POLICE ACTIVITIES ATHLETIC LEAGUE; SETTING AN EFFECTIVE DATE. Accordingly, please place the item on the next available agenda. RP:yph 7A(5) Mayor Vice Mayor Commissioner ‘Commissioner Commissioner Corina. Esquijatosa Connie Leon-Kreps Frank Rodriguez Eddie Lim Dr. Paul VogelWeiss Serota Helfman Pastoriza Cole & Boniske, P.L. Memo To: Mayor and City Commission From: Nina Boniske, City Attorney Kathryn Mehaffey Date: April 6, 2011 Re: Use of state forfeiture funds for PAL activities You have asked us to review an item for the April 12, 2011 Commission agenda regarding a request from the Chief of Police for appropriation and disbursement of $700 in state forfeiture funds for PAL activities. Approved state purposes for the use of these funds are limited but include a requirement that, where a municipality receives more than $15,000 a year in state forfeiture funds, 15 percent of those funds must be spent for the support or operation of a drug treatment, drug abuse education, drug prevention, or crime prevention program. ‘The Attomey General opined in AGO 91-84, that a police athletic league with the primary purpose of preventing crime by providing recreational programs for disadvantaged youths may be supported with state forfeiture funds, if the City Commission finds that such activities are an appropriate law enforcement purpose,CITY OF NORTH BAY VILLAGE RECOMMENDATION MEMORANDUM DATE: April 6, 2011 TO: Mayor Corina S. Esquijarosa Vice Connie Leon-Kreps Commissioner Eddie Lim Commissioner Frank Rodriquez Commissioner Paul Vogel Yvonne Hamilton, City Clerk FROM: Robert J. Daniels, Chief of Police VIA: Robert Pushkin, City Manager SUBJECT: APRIL 2011 - REQUEST TO APPROPRIATE AND DISBURSE STATE FORFEITURE FUNDS RECOMMENDATION: Pursuant to Florida State Statutes 932.7055(5), this memorandum will serve as a formal request to appropriate and disburse funds from State Forfeiture Fund 05 in the amount of $700.00 for P.A.A.L. expenses. This expenditure is not a normal operating expense. The requested funding will not be used to pay for daily maintenance cost, This expenditure is a non-recurring expenditure for law enforcement purposes. ‘The appropriation approval of $700 by the City Commission will allow the P.A.A.L, to continue to provide activities to support youths in non criminal recreational activities and enhance crime prevention efforts in the City. ‘This memorandum will serve as a written certification that the above request of $700 from the State Forfeiture Fund 05 for the above complies with the provisions of the Florida State Statutes. BACKGROUND: Py Exponse in the amount of $ 700.00 BUDGETARY IMPAC’ ‘No impact to the General Fund ei 76(2) None.