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HomeMy WebLinkAbout1995-08-22 Regular City Commission Meeting MinutesMIITIU:TES DAT{IA CTTT COMMISSIO]IT RE/GI'I.AR MEETING AUGUST 22, 7995 7:3O P.M. INVOCNTION gY OOJIIMISSIOIIIER GRACE PIEDGE OF AIJ,EGIANCE ROI.L CAI.T, Present: Mayor: Vice Mayor: Commissioners: Interim City Manager: City Attorney: City Clerk Department: Bill Hyde John Bertino Bobbie Grace Albert Jones Bob Mikes Mike Smith Frank Adler Charlene Saltalamacchia For the record, Vice Mayor Bertino clarified that the Reporter Newspaper incorrectly reported his absence at the Workshop Meeting on August 15 because of a Florida League of Cities Convention. Vice Mayor Benino stated that his absence was due to returning his son back to college and that newspapers lose integrity when they misquote information. PRESE]\TTA?IOffS Marine Advisory Board Report - Craig McAdams Craig McAdams, Chairperson, presented the following recommendations from the Marine Advisory Board based on a poll conducted of the Marine businesses in Dania: xlmprovement to the road on Taylor Lane and 7th Avenue by repairing holes in the road, clearing tree overgrowth, and addressing code probiems for truck parking and trash dumping; 'tlnstall signs on Federai Highway and major highways leading to 7th Avenue and Taylor Lane as well as Gulfstream Drive; *Install a sign on the concrete bulkhead Intercoastal waterway on rhe Dania Cut-off Canal; *Remove overhanging branches that are out in the Dania Cut-off canal. Mr. McAdams recommended the City check into the possibility of a County agency who may be responsible. $Request the City of Dania to promote a Marine event to unite the community and marine industry. Mr. McAdams mentioned thar an example would be to hold a canoe race around the I.T. Parker Community Center; Item 8.7 was discussed at this time *General Employee of the month for August Mike Smith, Interim City Manager, presented the General Employee of the Month award for August to Fred Arruda who has worked for the City since 1978. Mr. Smith advised that Mr. Arruda and his crew, Andrew Anderson and Henry Caranza, possess and exemplify quality innovation and problem solving skills in the Public $forks Department. ITEM 1.11 FROM THE CONSENT AGENDA \TAS HEARD AT THIS TIME PULLED FROM THE CONSENT AGENDA Commissioner Jones pulled items 1,.5, 1,.7 and 1.8 and 1.11 was already pulled and addressed. COITSE]V:TAGTTIIDA Minutesl.l 'Workshop Meeting of July 18, 1995 1.2 Regular Meeting of July 25,19951.3 General Employee of the month for August (item placed in error under minutes and was addressed under Presentations) Bills 1.4 Approval of bills paid in the month of June Resolutions I.6 RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETITEEN BRO\TARD COLINTY AND THE CITY OF DAMA FOR IMPLEMENTATION OF PROGRAMS 7 R.EGUT"AR MEETING AUGUST 22, 79952 Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Benino- yes PURSUANT TO THE ENHANCED MARINE LAIOT ENFORCEMENT GRANT; AND PROVIDINGFOR AN EFFECTIVE DATE." 1,9 RESOLUTION OF THE CITY OF DANIA, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICE, EQUIPMENT AND MATERIALS IN THE AMOLINT OF $8,8OO.OO \TITHOUT COMPETITIVE BIDDING AND \TITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HERE\TITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE EMERGENCY MEDICAL SERVICE MEDICAL DIRECTOR AGREEMENT BET\TEEN THE CITY OF DANIA AND L. SCOTT ULIN, M.D.; AND PROVIDING FORAN EFFECTIVE DATE." A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to approve the Consent Agenda with the exception of items 1.5, 1.7,1.8 md 1.11. The motion passed on the following ro11 call vote: ITEM 1.5 \trAS HEARD AFTER ITEM 1.11 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING SALES TAX INTERLOCAL AGREEMENT AMONG THE CITY OF DANIA, THE SCHOOL BOARD OF BRO\TARD COLINTY, BRO\TARD COLINTY AND EACH MLINICIPALITY \TITHIN THE COUNTY, AND PROVIDING FOR AN EFFECTIVE DATE." Commissioner Jones agreed that progress and information have been obtained from the recent meetings on the proposed Sales Tax Interlocal Agreement with the Broward County School Board. A motion was made by Commissioner Jones, seconded by Vice Mayor Bercino to adopt the Resolution approving the Sales Tax Interlocal Agreement. REiGTJI.AR MEETING AUGUST 22,79953 Commissioner Grace expressed her concern with approving rhe Sales Tax Interlocal Agreement with the possibility of an additional penny sales tax coming from the State and since the City may be increasing their own taxes. Commissioner Mikes stated that the State of Florida is going to be in disastrous financial shape in the future with the new funding cuts and that healthcare funding is needed more for Florida than any other Srare. He felt that there were other options that could have been pursued to assist educational funding such as putting more pressure on the development communities out west who share a bigger burden of the infrastructure. Vice Mayor Bertino mentioned his approval of the agreement because he is in education and the need to present the opportunity for the people ro vore on the tssue. Commissioner Hyde stressed too much emphasis on administration and not enough teaching in the schools and how the School Board has lost touch with this. The motion to approve the Resolution failed on the following roll call vote' Commissioner Grace - no Commissioner Jones - yes Commissioner Mikes - no Vice Mayor Benino- yes Mayor Hyde - no APPROVING AGREEMENT BETIOTEEN THE CITY OF DANIA AND ATLANTIC COASTAL CONSTRUCTION FOR IMPROVEMENTS TO BE CONSTRUCTED AT CHESTER BYRD PARK; AND PROVIDING FOR AN EFFECTIVE DATE." At Commissioner Jones' request, Dan Oyler, City Planner, commented on the landscaping improvements and agreed to add another barbecue grille with the estimated $2,000.00 that will be left from the state grant funds for Chester Byrd Park. 4RE,GIJI,AR MEBTING AUGUST 22, 7995 Commissioner Jones advised the public that the City of Dania did not have to spend any initial dollars on the park as funding came from Community Development Block Grant funds. Exercise equipment, walking/jogging track, landscaping and a basketball court will be provided for the youth and adults within the Southwest community. Funher discussion followed on the location of the basketball court and the inability to have funding left over for a volleyball court. Commissioner Jones asked whether CDBG funds are being Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes used to pay the $1,507.00 for the cemetery fencing. Mr. Oyler explained that the work was bid with the project but cemetery funds will be used for the expenditure. A motion was made by Commissioner Jones, seconded by Commissioner Grace to adopt the Resolution. The motion passed on the following ro11 call vote, 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING CHANGE ORDER RELATING TO THE AGREEMENT BET\TEEN THE CITY OF DANIA AND ATLANTIC COASTAL CONSTRUCTION FOR IMPROVEMENTS TO BE CONSTRUCTED AT CHESTER BYRD PARK; AND PROVIDING FOR AN EFFECTIVE DATE." Mr. Oyler explained that the additional asphalt cost will bring the 60' walkway around the south side of the swing sets to tie into the entrance and the ficus Benjamin will be placed back to the west to provide shade for the swing set. A motion was made by Commissioner Jones, seconded by Commissioner Grace to adopt the Resolution. The motion passed on the {ollowing roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Benino- yes Mayor Hyde - yes ITEM 6.1 IOTAS HEARD AFTER THE CONSENT AGENDA ITEM 1.11ITAS HEARD AFTER PRESENTATIONS 1.11 "A RESOLUTION OF THE CIfi OF DANIA, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETIJTEEN BRO\TARD COUNTY AND THE CITY OF DANIA PERTAINING TO EXPANSION AND JURTSDTCTTON OF FORT LAUDERDALE-HOLLY\rOOD INTERNATIONAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE." 5 AUGUST 22, 7995 Ed Cunis, Attorney for the City in the Airpon litigation, advised of a meeting this morning with Mr. Spofford, Broward County Aviation, Frank Adler, City Attorney,. and Michael Smith, Interim City Manager, regarding the proposed Interlocal Agreement. He advised that there are two versions of the proposed Interlocal Agreement; (t) Includes Trails End coming to the City of Dania and (2) Trails End going to Broward County and the Airpon. As of 4:30 p.m., he received comments from the airport on the entire agreemenr and essentially Trails End remains the issue. Mr. Curtis stated his opinion that the letter received August 15 from John W'. Reynolds, Jr., Assistant Manager - Federal Aviation Administration in Orlando, addresses the Hilton Hotel issue. Mayor Hyde mentioned that the 97 acres east of Federal Highway has gone to the County which results in a significant loss in tax base for the City. Vice Mayor Bertino recommended for the City to present their own agreement directly to the County Commission instead of dealing with County staff members. He felt that proper Mitigation procedures should be provided to proted the residents and questioned the wording on Page 5, Paragraph B that reads "based upon then-current and applicable Federal Aviation Administration guidelines." Mr. Cunis explained that "then-current" addresses the possibility of standards changing and applying those changes 10 years down the road. Mr. Curtis mentioned that they are applying the FAA standard o{ eligibility to determine the initial trigger for mitigation but are not restricted by the availability of funds. If the funds are not available from the Federal Government, the mitigation must occur whether funded by airport revenues or Broward Counry's general funds. The noise method on LDN could be lowered or changed to single event, but there is no proposed legislation or notice by the FAA at this time. Vice Mayor Benino questioned the 8th sentence in Paragraph B, Page 5, "acquisition of aviation easements" and requested definitive terms saying "aviation easements at the option of the resident, individual homeowner." Mr Curtis cautioned the use of this language as it presents an unmanageable land use problem because half the citizens may want purchase assurance, half may want condemnation and half may want an easement in the same area, Mr. Curtis advised that the underlying guideline that the County has to follow in the selection of the mitigation program is the desires of the residents and that the City has the right to review, comment, reject and mediate. Vice Mayor Bertino was concerned with the wording under footnote 2 "Purchase Assurance Agreements or Sale Assistance Program will base 6REGUT,AR ME,ETING AUGAST 22, 7995 determination on value of comparable property selected outside any airport affected area" He recommended to say that the baseline be set by the 1993 appraisals of the homes and use a multiplier for the increase of the overall value for Broward County and affix that for every year pasr 1993 to the point when the person was trying to sell their property" Mr. Cunis mentioned that this problem will always exist as different appraisals will have different selection criteria so there is a large variation that could occur. Commissioner Jones stressed the need to not lead people on and to come to an agreement with the County as the City cannot provide everrhing for everyone in the Interlocal Agreement. Commissioner Mikes stated that rhe mosr problematic section is B and C regarding when mitigation becomes effective and what the mitigation will be. He then read language from last year dealing with Arbitration and the City's right to comment on what's going to happen to a residents home. He stated the City's need to maintain control of the Trails End site because of the close proximity to a residential neighborhood to ensure compatibiliry. Commissioner Mikes stressed the importance of including language on comparable properties to mean the same as what the residents have been living in; same number of bedrooms, waterfront, swimming pool. The wording should be similar to "normal appreciating neighborhoods." Mayor Hyde opened a public hearing to allow citizens to comment. Several citizens came for$/ard to express opposition to the issue. Mayor Hyde closed the public hearing. Commissioner Mikes felt that the City and affected residents are in a better position if the City approves the Mitigation Program ultimately. Mr. Curtis cautioned the dangers of approval authority relating to liability but considered the idea of adding indemnification language. Earl Gallop, Esq. mentioned that the context and objective of the City was to force the Broward County Aviation Department to go through the DRI process to address identifying mitigation measures sooner rather than later before they took the property. Under the DRI process, the City has the power to impose reasonable conditions on the approval of the runway extension panicularly penaining to mitigation. The process does not provide for the City to be indemnified for exercising that power. Earl Gallop mentioned that the Florida Legislature has enhanced the Intergovernmental Coordination Elements 7 AUGUST 22, 7995 of the Plan which provides for cases of disputes between governmenral agencies over land use decisions. If the two governments cannot agree on the measures to mitigate then they are kicked into a dispute resolution process in another Statute which essentially sends them to rhe Broward County Regional Planning Council through a series of measures: (1) Mediation (Informal or formal) (2) Arbitration. Commissioner Grace thanked the attorneys for doing a fine job in representing the City in the airport litigation but mentioned her desire ro resolve rhe litigation as the City is at the same point they were last year. (1) A motion was made by Commissioner Grace to recommend that the City Commission approve item 1.11 with the current version of the Interlocal Agreement. The motion failed for lack of a second. (2) A motion was made by Commissioner Jones, seconded by Commissioner Grace to accept the Interlocal Agreement draft A including Trails End staying a part of the City, 1st Amendment- Commissioner Mikes made a motion to amend the footnote on Page 5 to read "Any Mitigation Program will base the determination of value on comparable properties selected from outside any airport affected area. Vice Mayor Bertino seconded the amendment. The motion on the lst amendment passed on the following roll call voter Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes Commissioner Jones - yes Vice Mayor Bertino- yes 2nd Amendment - A motion was made by Commissioner Mikes to amend the agreement by substituting the language in its entirety from the previous document which says that the City will have the right to approve the Mitigation Programs and Arbitration in Section C from the document dated July 17, 1995, The motion was seconded by Vice Mayor Bertino. The motion on the 2nd amendment passed on the following roll call vote: 8RE,GUI.ARME,ETING AUGUST 22, 7995 Indemnification discussion followed. 3rd Amendment - A motion was made by Commissioner Mikes to amend Page 5, Paragraph B by striking the words in the 4th sentence 'the County's option" as this would be in conflict with what has been approved. Vice Mayor Bertino seconded the motion. The motion on the 3rd Amendment passed on the following roll call vote: Commissioner Grace - Commissioner Mikes - Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes Commissioner Jones - yes Vice Mayor Bertino- yes yes yes 4th Amendment- A motion was made by Vice Mayor Bertino to adopt the wording from Attorney Gallop to amend the agreement by including a provision for the County to defend, indemnify and hold harmless the City for any legal actions arising out of the execution of this Agreement. The motion was seconded by Commissioner Mikes. The motion on the 4th amendment passed on the following roll call vote: Vice Mayor Benino clarified with Attorney Cunis that appropriations of funds, the County will administer the Mitigation Program and relocation have been covered in the agreement. Commissioner Jones agreed to accept all amendments and approve the Interlocal Agreement in his original motion. Commissioner Grace was uncomfortable with the City approving the Mitigation Program and withdrew her second. Commissioner Jones' motion to approve the Interlocal Agreement with all amendments was seconded by Commissioner Mikes and passed on the following roll call vote: IRE,GTII.AR MEETING A motion was made by Vice Mayor Bertino to amend Page 5, Paragraph B to allow Avigation Easements to be a property owners option. Mr. Curtis mentioned that rvith Commissioner Mikes' amendment this may not be an issue. Vice Mayor Bertino withdrew his motion. AUGUST 22, 7995 Commissioner Grace - no Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - no Vice Mayor Bertino- yes The Commission recessed for five minutes to allow the crowd to leave After the recess, the Mayor went to the Consent Agenda PROCI.AM,XTIONS. ITO]IIE BIDS.IYOIiIE PUBLTCITEARtrYGS . NONE S TEPI.AIIIS -ITOIIE CITfrZENS' OOMI[EII1I''|S - Comments by Dania citizens or interested parties that are not a pan of the regular agenda should be given in writing or communicated verbally prior to 4:00 p.m. the (Znd) and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen(s) or party will be asked to address the City Commission during the meeting. 6.1 Joel Azrikan and Tony Stevens - Drainage Tony Stevens, President of the Dania Civic Association, apologized for his past appearances and thanked the Commission for their consideration in addressing the flooding in the southeast section and entire City. He stated his desire, as a citizen, to be a helpful part of the soiutions in the city and not a problem. Joel Azrikan mentioned that residents want to assist the Commission with the drainage problems throughout the City and that petitions can show support for the Commission on issues like drainage. Mayor Hyde agreed that citizens can be part of the solution and that a meeting may need to be scheduled with representatives from different ponions of the City to deal with other types of problems. Commissioner Mikes recommended to have the Code reviewed for better water retention requirements for the propeny east of Federal Highway and Mayor Hyde mentioned the need to pursue th€ matter with FDOT. 2 3 4 5 6 REGUI,AR MEETING 70 AUGUST 22, 7995 Dan Oyler, City Planner, reported that the State has not been contacted with a request for them to condud a study on their af[ects in the eastern secrion of the City and that the request may need to come from the City's engineers. A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to direo the City Manager to send a letter to the Florida Department of Transponation from the Commission requesting an update on the condition of the runoff on Federal Highway. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Bertino- yes Mayor Hyde - yes 7. E;XPDNDITTTREREgUESTS 7.1 Approval of invoice from Curtis & Curtis for $21,222.08 which exceeds the authorized amount. Interim City Manager Smith advised that the current Curtis & Curtis invoice exceeds the aurhorized amount of $150,000 by an estimated $6,000.00. Approval was recommended based on the charges being consistent with necessary appeal work. Commissioner Jones thought that the Commission sent strict language to the airport attorneys that they s/ere not to exceed the amount allocated for their expenses and that it appears to be deliberate. Commissioner Mikes mentioned that most of the money was spent on negotiations with the County and that the City may have been better off to hire a paralegal for some of the legal work. Mr. Adler stated that the expenses are still under the $400,000 amount and that the $150,000 assigned to Curtis & Cunis was just an estimate. 77 AUGUS? 22, 7995 A motion was made by Commissioner Jones, seconded by Commissioner Grace to approve the invoice with the exception of $5,996.61. overage in the current invoice. At Vice Mayor Bertino's request, City Attorney Adler explained that Mr. Curtis has been involved in ongoing litigation for the City and that these costs are standard procedure. The motion failed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - no Mayor Hyde - no A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to approve the invoice as submitted by Curtis & Cunis. The motion passed on the following roll call vote: Commissioner Grace - no Commissioner Jones - no Commissioner Mikes - yes Vice Mayor Benino- yes Mayor Hyde - yes 8.1 Report and presentation by FDOT/Kimley Horn regarding Dixie Highway Corridor Study. Mayor Hyde advised that the impacts requested by the City have not been completed and Kimley Horn has requested to be placed on a future agenda 8,2 Discussion of re-bidding restroom work connected to Modello Park Pool. Commissioner Mikes felt that the project is getting close to $200,000 and that it was suppose to be a facility to teach swimming lessons. If its going to become a recreational facility then it should have been more centrally located. Commissioner Jones stated that most of the money for Modello Park, with the exception of the pool, has come from CDBG (Community Development Block Grant) funding. Some of the fencing may have come from a matching grant. Commissioner Jones reminded the Commission of the money that has been spent in other areas of the City like the airport litigation. Since the pool was REGIJI,AR MEDTING 72 AUCUST 22, 7995 Commissioner Jones - yes Vice Mayor Benino- no A. DISCUSSTONA]\IDPOSSIBI,EACtrOlV Interim City Manager Smith explained that back in March the total bid price for the Modello Park Pool project was $178,000 and the Commission agreed that the bathroom ponion work was too expensive and over budget. Action was taken to try to renovate the existing bathrooms to cut down on cost but it was impossible to meet ADA (American Disabilities Act) standards. The pool has since been completed but the bathroom work now needs to be rebid for a better price. built at Modello Park some 30 years ago, it seems appropriate to rebuild it and the City has no control over ADA requirements. Commissioner Grace stated that the major emphasis is to complete a project that has been staned and that the City must finish the bathrooms. She felt that the funding allocated for each park seems to be equal. A motion was made by Commissioner Grace, seconded by Vice Mayor Bertino to rebid the bathrooms for Modello Park. The motion passed on the following ro11 call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Bertino- yes Mayor Hyde - yes THE FOLLO\TING ITEMS ON THE AGENDA \TERE CONTINUED TO THE NEXT REGULAR MEETING OF SEPTEMBER 12, 1995. ITEM 8.7 \TAS HEARD UNDER PRESENTATIONS 8.7 Discussion of Broward County Urban Greenways program. Mr. McAdams advised the Commission that the Broward County Urban Greenways program is now called the Broward Urban River Trail Program. He explained that this is a big project that affects Dania and that the City should be attending the meetings. Commissioner Mikes mentioned his involvement on the original steering committee that started the program and agreed that the City should continue to be informed about the proBram. This item was heard under Presentations 8.8 Discussion concerning proceeding with Pier Restaurant RFP. R.EGUT,AR MEETING 73 AUGAST 22, 7995 8.3 Discussion on contracting with Hollywood YMCA to conduct afterschool programs at Collins Elementary. 8.4 Discussion of Dania resident ocean pier fishing discount card. 8.5 Report on Bass Pro Developments. 8.6 Discussion and possible action on Dania's share of legal fees for 18 city consortium regarding EMS issue. I APPOIIVTME,N:IS (@NTINTIDD TO 91 7 2 /9 5)9.1 Appointment of one member to rhe Airporr Advisory Board. 9.2 Appointment of two members to rhe Dania Economic Development and Do'wntown Redevelopment Board. 9.3 Appointment of one member to Human Relations Board. 9.4 Appointment of one member to the Occupational License Review Committee. Appointment of one member to the Parks & Recreation Advisory Board. Appointment of one member to the Unsafe Structures Board. Appointment of six members to the Community Affairs Advisory Board. Appointment of {ive members to the Charter Review Board. Appointment of two members to the Budget Advisory Committee. 9.5 9.6 9.7 9.8 9.9 7(). ADUINISTR{III,E REPORIS . ITO COIIUEN'ZS City Manager City Attorney rr. colttlurssro]lr coMMEnllls - Iro colrMDllrls 11.1 Commissioner Grace 11,2 CommissionerJones 11.3 CommissionerMikes 11.4 Vice-Mayor Benino 11.5 Mayor Hyde This meeting rr.a.s adjourned.. MA CITY RE,GTJI.AR MEETING 74 AUGUST 22, 7995 4 ,r7,L'l'lt )rY9i