HomeMy WebLinkAbout2013-12-10 City Commission Meeting Agenda Addendum
ADDENDUM
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, DECEMBER 10, 2013 – 7:00 P.M.
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 ONE HUNDRED DOLLARS ($100.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S
OFFICE, OR ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019)
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.
7. CONSENT AGENDA
7.7 RESOLUTION NO. 2013-155
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING ADDITIONAL EXPENDITURES RELATED TO COSTS AND
EXPENSES ASSOCIATED WITH THE FORT LAUDERDALE-HOLLYWOOD AIRPORT
LITIGATION; PROVIDING APPROPRIATION OF ADDITIONAL FUNDS IN AN
AMOUNT OF $115,000.00 FOR SUCH ITEMS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
MEMORANDUM
TO: City Commission
CC: Robert Baldwin, City Manager
Mark Bates, Finance Director
FROM: Thomas J. Ansbro
RE: Resolution Approving Payment of Final Litigation Invoices, Costs and Expenses
related to City vs. County and City vs. U.S. Army Corps of Engineers Airport
Litigation
DATE: December 6, 2013
______________________________________________________________________________
In light of the recent successfully negotiated and now effective Settlement Agreement
between the City and the County, it is necessary to address the legal expenses incurred with the
Special Counsel White and Case law firm and related expenses (consultants and litigation expert
witnesses’ costs). A list outlining the existing unpaid costs and expenses is attached.
As with any Settlement Agreement, there will be some necessary follow-up in
implementation of the various provisions of the Settlement Agreement. Therefore, it is
recommended that an additional $25,000.00 be authorized for expenses expected to be incurred
in the winding-down of legal work associated with implementation of the Settlement Agreement.
Such items include the work associated with the night runway closure, the noise mitigation
program, the sound insulation program, the Conveyance and Release (“CAR”) program, the sale
of County lands and the Taylor Lane drainage work.
City Commission approval (adoption of a Resolution) is requested.
Existing unpaid costs and expenses related to the City vs. County and City vs. U.S. Army Corps
of Engineers litigation in connection with the Fort Lauderdale-Hollywood International Airport.
U.S. Army Corps $ 4,088.82 October, 2013
Interlocal Dispute $45,833.68 October, 2013
Interlocal Dispute $28,270.00 November, 2013
Frank Schnidman, Expert Witness $ 8,807.50 from July to October
Additional monies to finalize matters $28,000.00
Total of request to Commission $115,000.00
RESOLUTION NO. 2013-155
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING ADDITIONAL EXPENDITURES
RELATED TO COSTS AND EXPENSES ASSOCIATED WITH THE FORT
LAUDERDALE-HOLLYWOOD AIRPORT LITIGATION; PROVIDING
APPROPRIATION OF ADDITIONAL FUNDS IN AN AMOUNT OF
$115,000.00 FOR SUCH ITEMS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the City Commission approves the expenditures and payments of
additional litigation costs and expenses related to the Fort Lauderdale-Hollywood Airport south
runway expansion.
Section 2. That the Administration is authorized and directed to appropriate
additional funds for the Fort Lauderdale-Hollywood International Airport litigation matters as
follows:
Appropriations of Funds Sources/Transfer From:
General Fund, General Services,
Contingency Account, Account No. 001-18-00-519-99-10 ($115,000.00)
Appropriation of Funds To:
General Fund, Legal Department
Airport Litigation Account, Account No. 001-14-01-514-31-22 $115,000.00.
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 in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on _____________________, 2013.
ATTEST:
LOUISE STILSON, CMC WALTER B. DUKE III
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS
THOMAS J. ANSBRO
CITY ATTORNEY