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HomeMy WebLinkAbout1995-08-15 Workshop City Commission Meeting MinutesMayor: Commissioners: lnterim City Manager: City Attorney: Acting City Clerk: . MINUTES DANIA CITY COMMISSION WORKSHOP MEETING AUGUST 15, 1995 Bill Hyde Bobbie Grace Albert Jones Bob Mikes Mike Smith Frank Adler Marie Jabalee 1 Absent: Vice Mayor:John Bertino lnterlocal Agreement with Broward County regarding airport expansion. Interim City Manager Smith advised that a letter was received today from John W. Reynolds, Jr., Assistant Manager for the Orlando office of the FAA, indicating that there are no plans to tear down the Hilton Hotel. The City's infrastructure reimbursement costs for water lines east of US t have been estimated by Berry & Calvin and those costs would be covered by the $'l .6 million dollars provided in the agreement. Additional infrastructure expenditures are expected to reinstall the roadway at NE 10 Avenue and Griffin Road to extend water lines to serve existing businesses. The agreement provides for the County to pay these costs that are estimated at $970,000. Ed Curtis, Special Attorney for the City, advised that all litigation efforts have been lost and the only remaining issue is to determine whether the City can enforce the Quasi-Judicial Order. The value of the Quasi-Judicial Order to the City is marginal because the requirement on the County to apply for the DRI Review will probably be accomplished. 1WORKSHOP MEETING AUGUST 15, 1995 Present: Discussion followed on whether binding arbitration language should be put back in the agreement and the fact that the City would only be allowed to review and comment on the mitigation program without the option of approving or disapproving it. Mr. Curtis provided information on the contour impacts to the Ravenswood area, lVlelaleuca Gardens and Northeast Dania. The County is required to provide a mitigation program before they can proceed to the next stage of runway use and Phases 1, 2 & 3 are essentially the same in the agreement. Mr. Curtis advised that his office has not verified the tax base loss figures on the annexation and deannexation in the agreement and the City has the burden to prove the costs of the infrastructure in order to collect the 1.6 million dollar reimbursement. The pros are that Dania loses the power to regulate the expansion because the DRI rights are given over to Broward County and noise is not addressed regarding single events and peek hour impacts (SEL Vs LDN.) Mr. Curtis mentioned that the County could still be stopped from a funding aspect at the FAA Mayor Hyde clarified with Mr. Curtis that Broward County has taken the 97 acres east of US 1 from Dania and can petition the Legislature to deannex the land without Dania's involvement. Mr. Curtis outlined the advantages to the City on Page 8, Paragraph 12- "Settlement of the Litigation" and suggested to draft an agreement to be sent directly to the County Commission circumventing County staff. Commissioner Mikes recommended to include Mr. Reynolds's comments regarding the Hilton Hotel, purchase assurance for residents before giving up the City's DRI rights and binding arbitration in the agreement. Commissioner Grace encouraged the Commission to resolve the issue with the County since the City cannot stop the expansion of the runway; to provide for the loss in tax base on the 97 acres east of US 1 and to request that Attorney Earl Gallop suggest options to protect the Nlelaleuca Gardens residents. Commissioner Jones felt that the attorneys should be relied upon to include the proper language that is needed on behalf of the City. He opposed the comments stated by Commissioner Mikes that the City has not fought for the residents since the City has spent up to a million dollars 2WORKSHOP MEETING AUGUST 15, 1995 since 1985 to fight the airport. The City must be realistic about ending the legal battle as the County and Fort Lauderdale are more equipped to co ntin ue. Attorney Ed Curtis clarified that the only road in front of the City is the DRI process and the only way back into litigation is through the DRI process. The City has extended all legal avenues and failed. City Attorney Adler stated that if the City rejects the plans for expansion through the DRI process then the issue goes before the Governor and the Cabinet. Mr. Curtis clarified that the thoughts of the legal staff were to obtain policy guidance from the Commission and to elevate negotiations by having the City draft a document approved by the Commission that would go direcfly to the County Commission. He requested direction from the Commission on their policies and guidelines for the following key points: o The three residential areas being impacted by the expansion must remain residential;o Will the city accept the 65 LDN as the standard;. ls the City satisfied with the monetary portions provided in the lnterlocal Agreement Commissioner Mikes suggested to include the following wording in the agreement "any mitigation involving appraised values of properties to be mitigated will be based on properties outside the airport impacted area or impacted by any other negative like next to a sewer plant, etc" He recommended Mr. Curtis look at the current policy on federal grants to see if 60 LDN allows purchase assurance. lnclude language requiring the County to fund any mitigation program funded by the Federal Government and put binding arbitration back in the agreement. Commissioner Mikes stated his general opinion that the lnterlocal Agreement is the first step towards the end of the City of Dania. Commissioner Grace stressed the need for the Commission to realize their responsibility to provide factual information on airport issues since the community was misinformed on the Airport Hilton Hotel according to the letter from the Orlando FAA. Commissioner Mikes informed Commissioner Grace that two parcels on either side of the Hilton are being dannexed by AUGUST 15, 19953WORKSHOP MEETING the County and questioned why the City wasn't receiving the Trails End parcel. Mayor Hyde stated that Value Rent-a-Car backed out of the proposed deal for business reasons and that this was a complete surprise to everyone. City Attorney Adler confirmed that stronger language needs to be rncluded in the agreement on the following issues. . Binding Arbitration. Purchase Assurance. Appraised values based on comparables outside the airport affected a reaso Trails End property tr/r. Curtis accepted the four issues and confirmed that the Commission's policy statement is to maintain the residential integrity of the impacted neighborhoods. He explained that the importance of his question is based on the fact that certain programs being addressed in mitigation are not consistent with the statement. The City of Dania, not the people, may not want a voluntary acquisition program where every fourth house could sell leaving three. Commissioner Mikes suggested to look at the Seattle Tacoma Purchase Assurance Plan to trigger some of the neighborhoods to qualify. Mr. Curtis stated that he has reviewed the plan and that the plan is acceptable and workable. Commissioner Mikes mentioned that a Purchase Assurance Program can be funded over a period of years and may deter blighting impact on the impacted neighborhoods. 2. Budget review FY 1995 - 1996. lnterim City Manager Smith mentioned that the changes from the July 21 Budget Workshop are provided in the backup and that further discussion is WORKSHOP MEETING AUGUST 15, 1995 The Commission requested Mr. Curtis and City Attorney Adler to redraft the document with the four major issues and to go to the County with it to determine their response. Discussion followed on the need to change the wording in footnote 1 in the agreement regarding the LDN standard. 4 needed on the BSO Contract, Fire Department and salary for Marie Jabalee as City Clerk. BSO Chief Frey explained lhat a 7o/o increase is being requested this year and that last year's contract provided for a 5o/o increase. The increase would provide salary increases plus retroactive costs to Dania Deputies. Marie Jabalee, Acting City ClerUFinance Director, explained that the increase amounts to around $150,000 more than what the City budgeted. Chief Frey advised that BSO has agreed to reduce staff by one secretary, one CSA and one Deputy to meet the $150,000 reduction. Discussion followed on the impact that the decrease will make on providing services to the community Fire Department: Chief Grammer clarified that the request as listed in the Airport lnterlocal Agreement for the fire station was meant to benefit the people of the City of Dania by saving cost to build another station out west. Commissioner Mikes mentioned his concern that certain departments are benefiting in the lnterlocal Agreement since residents are being impacted adversely. Chief Grammer stressed the need for secretarial assistance for his 45 person department in order to respond to over 5,000 calls a year dealing with numerous governmental agencies and the creation of statistical reports. Commissioner Mikes expressed his dissatisfaction with the cost for fire safety services and the need to get control of the spending. Chief Grammer clarified that his department is very efficient and should be commended for the services they provide and that major cost in every City is public safety. Street Lights: Commissioner Grace recommended to remove the $7500 budgeted for the person checking street lights as the function can be handled under Public 5WORKSHOP MEETING AUGUST 15, 1995 City Clerk Department Commissioner Grace recommended Marie Jabalee to be provided with the same salary as the previous City Clerk, Wanda Mullikin. Marie Jabalee advised that the amount was $54,475. The Commission generally agreed with the salary for City Clerk. Mr. Smith advised that in reorganizing the Recreation Department, a full time person was cut for an estimated savings of $30,000 and that no further cuts are possible in this department. lnterim City Manager Smith agreed to go back and look at the overall expenditures and revenues in the budget to bring the millage rate to 6.28Yo. This meeting was adjourned MAY OMMiSSIONER CITY CLE -AUDITOR 6WORKSHOP MEETING AUGUST 15, 1995 Works. Mr. Smith included his comments that the position has not cost the City very much so far as the person is working less hours than was projected. Mayor Hyde clarified that the street light person was hired by the past City Manager to handle the numerous complaints regarding street lights. The Commission generally agreed to remove the position from the budget.