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Home My WebLink About2009-01-13 Regular City Commission Meeting MinutesMINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 13, 2009 - 7:00 P.M Mayor Jones called the meeting to order at 7:00 p.m I . Call to Order/Roll Call Present: Mayor: Vice-Mayor: Commissioners: Albert Jones Anne Castro Bob Anton .lohn Bertino Patricia Flury Colin Donnelly Thomas Ansbro Louise Stilson Interim City Manager City Attorney: City Clerk: Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation followed bv the Pledge of Allegiance to the United States Flag. 3.1 Discussion of options available to the City to legally challenge the recent FAA decision to proceed with the construction of a new south runway for the Ft. Lauderdale-Hollywood Intemational Airport - Special Legal Counsel Neal McAliley of the law firm White & Case Neal McAliley, Special Legal Counsel on airport issues, with the law llrm of White & Case, notcd some of his areas of practice include environmental litigation, regulatory matters before govemmental agencies, and general civil and criminal litigation, He has been working with the City on the Airport Expansion issue since 2002. Attomey McAtiley presented a PowerPoint overview conceming the Ft. Lauderdale-Hollywood [nternational Airpo(, which is attached to an incorporated into these minutes. He noted that a petition to the U.S. Court of Appeals must be filed no later than 60 days after the Record of Decision (ROD) was issued. Ron Vogue,305l SW 44'h Street, questioned the 65+DNL levels and noted his is one of the residences that would be affected. He indicated that the City would lose people because of the Airport Expansion, and encouraged the City to move lbrward with aclion against the FAA. 2. lr.n ocation and Ple dge ol Allesiance 3. Presentations and Special Event Approvals Lany Sloan, 945 S. Federal Highway, noted he has been a pilot lor 37 years. He questioned where the cunent 65 DNL levels were today. Mr. Sloan said safety issues were not addressed in today's presentation, such as whether the north runway expansion would be suitable during inclement weather. Lastly, he said the market does choose the airport and he did not think the Fort Lauderdale-Hollywood International Airport takes business away from the Miami lntemational Airport. Vice-Mayor Castro remarked that in order to fund the Airpo( Expansion project, the landing/take-off fees would increase. She further noted that some safety issues have not been addressed or explored in the study, considering this would be an elevated and escalated runway. Commissioner Anton noted there is direct correlation between the two airports since they are constantly beating each other in order to attract business. Bob Mikes, 601 NW 7th Street, gave a history of the City's fight against the Airport. He thought we had a better case now than we did in the past. Mr. Mikes supports the challenge to the ROD. He suggested the City get a second opinion from an attorney for NOISE. Betty Sokol, 609 NW lOth Streel, supported the Commission decision to challenge the ROD. Rae Sandler, 810 NW 7th Avenue, President of the Melaleuca Gardens Homeowners Association, asked if there was anyone in the audience who would oppose the City's decision to challenge the ROD. The answer was no. She noted the City needs to step tbrward to protect the citizens and their quality of life. Chris Johnston, 745 NW l2th Avenue, noted he has been a pilot for a major carrier lbr many years. He pointed out that the design is a mess from a pilot's standpoint and the noise proliles are not accurate. Mr. Johnston said the City should fight the ROD vigorously. Dee Vance,4575 SW 29th Terrace, challenged the Broward County Commission to stand under the flight area to see if they would want their families to live there. She said she wrote to Governor Crist to express her concems, and the State Aviation Manager contacted her on the Governor's behalf and told her thal this was a done deal and that they might consider helping affected homes with soundproofing. Robert Delcio, 734 NW l2th Avenue, noted that his home has been devalued by this process. He remarked the airport expansion would affect everybody. Mr. Delcio supported the suit against the FAA. Commissioner Anton said that he asked the City Attorney to prepare a resolution authorizing the initiation of legal proceedings to challenge the FAA decision. 'fhe Record of Decision (ROD) was released on January 9,2009, therefore we need to move forward and take immediate action. He advised that City Attomey Ansbro would be the staff liaison for any matters relating to the Airport. Commissioner Anton lurther indicated that we have set aside $500,000 in unreserved fund balance for this purpose. Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13, 2009 - 7:00 p.m 2 Commissioner Anton motioned to adopt Resolution #2009-010; seconded by Commissioner Bertino. City Attorney Ansbro read the title ofResolution #2009-010. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACTI, I:LORIDA, AUTHORIZING THE INITIAI'ION OF LEGAL PROCEEDINCS 1'O CHALLENCE 'IHE DECISION PERTAINING TO THE EXPANSION OF THE FORT LAUDERDALE-IIOLLYWOOD INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTS; FURTHER. PROVIDING FOR AN EFFECTIVE DATE, Vice-Mayor Castro advised that she has been involved with the Airport for a long time. She noted the FAA is aware that this is not the best option and they need to address current financial concems of the residents. Vice-Mayor Castro indicated that Attorney McAliley is one of the few attorneys to beat the FAA in court. She remarked the only leverage is to sue the County, and said she is confident that we can win this battle. Commissioner Flury noted we have been preparing for this for a long time. She stated that we are fighting for our City and our residents. Mayor Jones noted that we all travel down the road of mistakes. He recognized that he was wrong when he voted in lavor ol the Interlocal Agreement with the County. I-{owever, now is the time to move forward with action, not with words. Thc motion carried on the follorving 5-0 Roll Call vote: Commissioner Anton Commissioner Bertino Commissioncr Flury Vice-Mayor Castro Mayor Joncs Yes Yes Yes Ycs Yes Vic Lohman, 1404 Nautilus Isle, questioned the cost of the litigation and what benefits we would derive from pursuing these proceedings. Mayor Jones noted there will be meetings where costs will be discussed. He further noted that whatever the cost is, it is well served. Mayor Jones emphasized we must have a strategy and that we all stay together in this fight. Commissioner Anton clarified that we sued the FAA once and the cost was approximately $200,000. He stressed the fact that more than 25%o of our residents are impacted therefore we need to act now and support them. Commissioner Anton noted that the rumor going around the City saying that he cut a deal for the South Runway is false and a lie. He said that any person spreading this rumor is not working for the best interest of the City. Lastly, Commissioner Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13,2009 7:00 p.m Commissioner Bertino warned everyone not to sign the Avigation Easement Agreements proposed by the County. I'Ie emphasized that these Agreements are not good for property owners. Commissioner Bertino pointed out that this is a City issue, not a regional problem and we need to be diligent and prepared to call special meetings as needed. Anton stated that any mitigation or settlement information that he receives will be brought before the Commission lor discussion and decision in a public forum. 3.2 Special Event Request for the Dania Beach Art & Antique Festival to be held at NW I'r Avenue/Dania Beach Boulevard, January 30- February 2,2009 (Continued from December 9, 2008) Interim City Manager Donnelly noted the only issue was parking, which would be addressed under item # l0.l . Commissioner Bertino motioned to approve the Special Event request for the Dania Beach Art & Antique Festival; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: J.J Special Event Requesl for the Dr. Martin L. King Parade and Park Festival to be held at 100 NW 8'h Avenue, January 19, 2009 from 9:00 a.m. - 6:00 p.m. Vice-Mayor Castro motioned to approvc the Special Event request for thc Dr. Martin Luther King Parade and Park Festivities with the condition that the generator issue be resolvcd; seconded by Commissioner Bertino, The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mayor Jones Vice-Mayor Castro Mayor Joncs Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Proclamations was heord after Citizen Commenls 4. Proclamations 4.1 Dr. Martin Luther King, Jr. Day 4.2 Recognition of Willie Horton Mayor Jones read the proclamation for Dr. Ma(in Luther King, Jr. Day and the recognition of Willie Horton. Citizen Commertts was hetrd before Proclamotiorts Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13, 2009 - 7:00 p.m 4 Commissioner Anton Commissioner Bertino Commissioner Flury Interim City Manager Donnelly noted the generator issue has not been resolved. Vickie Payne, Executive Director for the Dania Beach Chamber of Commerce, thanked the City for their support of the Beach Blast. She also thanked Limousines of South Florida for allowing the use of their shuttle busses for this event. Ralph Viviano. l3l SE 3'd Avenue, Apt. #606, questioned when the meeting would be to discuss the closing of SE 2nd Street. Commissioner Anton advised that we are waiting for the results of the traffic circulation study during the peak season before addressing this issue. He recommended a meeting in March to discuss the matter. lnterim City Manager Donnelly noted we are awarding a contracl to install other traffic calming devices in the south east neighborhood. He said that we want everyone to become familiar with all the traffic calming before we make a decision. Mr. Viviano noted the traffic signals do not correspond with the traffic calming barrier, and remarked it is a dangerous hazard. Commissioner Flury concurred that the anow needs to be blocked temporarily and asked Public Services Director Orlando to contact FDOT to take care of this issue immediately. Interim City Manager Donnelly noted it should take approximately six months before the changes and study are complete. Ceorge Jason, 4549 SW 371h Avenue, agreed with the Commission action to fight the FAA Record of Decision. He further noted that he supported a master plan for the Grilfin Road corridor because that area is the future of our City. Roy Lopiparo, 431 SE 3'd Street, Apt. #401 Meadowbrook Phase VI, representing the board of directors for Meadowbrook Homeou,ners Association, said he presented a petition in November 2008, to Dominic Orlando for the removal of the road barrier on SE 2nd Street. He asked the Commission to look into this matter for the good of the community. Derrick Hankerson, 746 SW 3'd Street, complimented Interim City Manager Donnelly for doing a great job. He noted Mr. Donnelly is always responsive and available to assist our residents. Ralph Eddy, I 50 SE 3'd Avenue, noted the people complaining about the street closure on SE 2nd Street do not live there, and requested that the street remain closed. Larry Sloan, 945 S. Federal Highway, spoke about the banier on the center of US l. He requested it be removed or modified. 5 5. Citizen Comments Interim City Manager Donnelly clarified that FDOT controls the signage on Federal Highway. Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13, 2009 - 7:00 p.m. Mayor Jones noted the City would look into the issue. Commissioner Anton mentioned the articles published in The Miami Herald where they attacked some of the Commissioners. He asked the City Attorney if the Commission had violated the Sunshine Law. City Attomey Ansbro noted that in his I I years with the City, this has never been an issue. He indicated that someone brought this matter to the attention of The Miami Herald, but he def'ends that there are no violations of the Sunshine Law. City Attomey Ansbro further cautioned the Commission not to respond to all in e-mail correspondence, and not to discuss any issues that could come before the Commission for decision at some tuture date. Proclamotions was heord after Citizen Commenls Public Safety Reports wos hearcl afler Proclamations 6. Public Safety Reports Donn Peterson, BSO Chief, reported Operation Shining Shield resulted in 99 arrests in Dania Beach, of which 7 resulted in the recovery of illegal firearms. He noted the Derelict Vessel Removal Program, funded with grant dollars, removed 7 vessels from the Dania Cut-Off Canal and the South New River Canal. Chief Peterson introduced Lou Hom, volunteer parking enforcement officer, who has dedicated 843 hours of parking enforcement to the City of Dania Beach. In that period of time, he wrote 290 disabled parking citations, 283 fire lane citations, 2,242 \mproper parking citations, and 391 citations for expired license plates. This would equal about 105 business days of patrol valued at about $21,000.00 and approximately $101,579.00 of revenue from the citations. Chief Peterson also introduced Mr. Jason Gerber, supervisor of volunteer parking enforcement. He commended the volunteer parking enforcement officers who devote their time to the safety and welfare ofthe citizens of Dania Beach. 7. Consent Agenda Items added lo Consenl Agenda: Ilem s #7.9 and #7.10 Items removedfrom Consent Agenda: # 7.7 7 .l Minutes Approve minutes from November 25, 2008 City Commission meeting Approve minutes from December 9, 2008 City Commission meeting Approve minutes from December 22, 2008 City Commission Special meeting Resolutions 7.2 RESOLUTTON#2009-001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING AMENDMENTS TO THE FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS' RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-OPERATIVE AND HOMEOWNERS' ASSOCIATIONS FEES, Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, January 13, 2009 - 7:00 p.m. REGULAR ASSESSMENTS AND SPECIAL ASSESSMENTS ON I.JNITS IN FORECLOSURE AND ON UNITS WHICH HAVE BEEN FORECLOSEDT PROVIDING FOR CONFLICTST FURTHER, PROVIDING FOR AN EFFECTIVE DATE, 7.3 RESOLUTTON#2009-002 A RESOLUTION OF THE CITY OF DANTA BEACH, FLORIDA, AUI'HORIZING T}IE CITY MANAGER TO CONTRACT FOR THE RELOCATION OF TRANSMISSION FACILITIES FROM F'LORIDA POWER & LIGHT COMPANY, IN AN AMOUNT NOT TO EXCEED $5O,OOO.OO WITHOUT COMPETITTVE BIDDINC AND WITHOUT ADVERTISEMENT FOR BIDSI PROVIDING FOR CONFLICTS; PROVIDINC FOR FUNDING; FURTHER, PROVIDINC FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2009-003 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE CITY HALL VENDING MACHINE CONTRACT EXISTING BETWEEN THE CITY OF DANIA BEACH AND GILLY VENDING, INC. TO EXTEND THE CONTRACT FOR AN ADDITIONAL YEAR FROM JANUARY 14,2009 TO JANUARY 14,2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2009-005 A RESOLUTION OF THE CITY OF DANIA BEACH, FLOR]DA AUTHORIZING THE CITY MANACER TO PURCHASE BULK HICH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOTJNT NOT TO EXCEED $92,OOO,OO IN FISCAL YEAR 08/09, UNDER THE CARMEUSE PROPOSAL OF CITY OF TAMARAC RESOLUTION # R-2008-142; PROVTDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2009-006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORTDA OPPOSINC AND PROTESTING 'THE EFFORTS OF MIAMI-DADE COUNTY IN URGINC THE FLORIDA LEGISLATURE TO PROHIBIT MUNICIPAL WATER AND WASTEWATER UTILITIES FROM LEVYING A SURCHARGE ON CONSUMERS LIVING OUTSIDE CITY LIMITS AS CURRENTLY AUTHORIZED BY FLORIDA LAW; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2009-008 A RESOLUTTON OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $24,OOO.OO FOR A THREE MONTH PERIOD; PROVTDING FOR CONFLICTS; FURTHER, PROVIDINC FOR AN EFFECTIVE DATE. Citv Attomev Ansbro read the title of Resolution #2009-008 Commissioner Flury cautioned staff on shared services with FAU, since docks need to be watched closely. She did not oppose sharing security services provided each ofour docks get the necessary anention and superv ision. Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13, 2009 - 7:00 p.m 7 Commissioner Flury motioned to adopt Resolution #2009-008; secondcd by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mayor Jones Vice-Mayor Castro Mayor Jones Yes Yes Yes Yes Yes 7.8 ORDTNANCE#2009-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION I5-I2, ENTITLED ..BUSINESS TAX SCHEDULE" OF THE CITY CODE OF ORDINANCES TO CORRECT SCRIVENER'S ERRORS PERTAININC TO THE ANNUAL BUSINESS TAXES ASSESSED AGAINST ALL BUSINESS CATEGORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Addcnda 7.9 Travel request for Patty Vamey, Director of Finance, to attend the FGFOA Fiscal Survivors Seminar in Altamonte Springs, Florida, on February 19,2009 (Estimated cost $384.00; remaining budget $5,5 16.00) 7.t0 RESOLUTION#2009-009 A RESOLUTION OF THE CITY COMMTSSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING ASSISTANT CITY MANAGER COLIN DONNELLY AS THE ACTINC CITY MANAGER; PROVTDING FOR CONFLICTS; FURTHER, PROVIDINC FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt the Consent Agenda with the addition of Items #7.9 and #7.10, and the exception ol ltem #7.7; seconded by Commissioner Anton' The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Commissioner Bertino Commissioner Flury Yes Ycs Yes 8. Bids and Requests lor Proposals 8.1 RESOLUTION#2009-007 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZTNG THE CITY MANACER TO PURCHASE CONSTRUCTION SERVICES IN FISCAL YEAR 2008-2009, FROM TENEX ENTERPRISES, INC., PURSUANT TO A COMPETITIVE BID FOR CONSTRUCTION ACTIVITIES (INSTALLATION OF LINEAR PARK ALONG SE 56 AVENUE) IN THE AMOUNT OF $380,?O7.OO; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDINC FOR FUNDING: PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13, 2009 - 7:00 p.m 8 Ordinances (Titles read by Citv Attorney) Yes Yes City Attorney Ansbro read the title of Resolution #2009-007 Dominic Orlando, Director of Public Services, noted the reason for not awarding this bid to the apparent lowest bidder is included in the agenda packet. He advised that due to budget constraints staff is recommending the eliminating the landscaping, which would be done in- house at a later date. Commissioncr Flury motioncd to adopt Resolution #2009-007; se conded by Commissioner Ilertino. The motion carried on the following 5-0 Roll Call votc: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH. FLORIDA, AUTHORIZINC THE PROPER CITY OFFICIALS TO AWARD A BID TO LIMOUSINES OI-' SOUTH FLOzuDA, INC. FOR PUBLIC TRANSPORTATION SERVICES; PROVIDING THAT THE SERVICES SHALL NOTEXCEED $184.000.00 PER YEAR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDINC FOR AN EFFECTTVE DATE. City Attorney Ansbro read the title of Resolution #2009-004. Commissioner Anton motioned to adopt Resolution #2009-004; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Commissioncr Bertino Commissioner Flury Commissioner Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mayor Jones Vice-Mayor Castro Mayor Jones Ycs Yes Yes Ycs Yes Ycs Yes Yes 10.1 Discussion regarding public parking at the 109 Park property City Attorney Ansbro noted that although this is vacant property, we should be carciul with people parking and any liability issues that may arise. He advised that one way to make the problem go away is to install signs. City Attomey Ansbro further noted that parking is needed for the Arts and Antiques Festival, however, his recommendation is that parking not be allorved. Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13,2009 7:00 p.m 9 8.2 RESOLUTION#2009-004 Yes Yes 9. Public Hearings and Site Plans There were no public hearings at this meeting. 10. Discussion and Possible Action Interim City Manager Donnelly noted that the Public Services crew is installing gravel on the northem boundary of the property. He recommended that parking be allowed for the Arts and Antiques Festival, but after the event, we should follow the City Attomey's recommendation. Clare Vickery,4g N. Federal Highway, noted they would place signs around the property, and a parking attendant would be present to direct traffic, and ask for donations. Vice-Mayor Castro thought that the parking donations could cause problems for the City. She questioned if the signs should just say "Park at your own risk". Commissioner Bertino agreed with Vice-Mayor Castro, and noted the parking should be gravel to comply with our codes. Commissioner Anton indicated the liability is minor, since that property has been used for parking for a long time. He noted that if it is an issue, then we should fence in the property so that no one can park in that area. Commissioner Flury concurred with Commissioner Anton. She thought it would cost a lot of money to gravel the entire property and suggested placing "Park at your own risk" signs. It was the consensus of the Commission not to make any changes to the property at this time. 10.2 Commission direction for the Griffin Road Study lnterim city Manager Donnelly noted the commission approved funding for the Grilfin Road corridor, but suggested the entire west side be studied. He thought the work could be done by Michelle Melgren. Vice-Mayor Castro concurred the entire area be studied, and suggested staff develop a plan to present to the Commission. Vice-Mayor Castro urged the community to get involved in this process since they would be directly impacted by any future changes. Commissioner Bertino noted this area is being developed, but not to our advantage. He said that depending on the Airport issue, we could lose money and this area could bring in revenue if developed properly. Commissioner Bertino stated that it is imperative to move lbrward without delay. Commissioner Anton noted that we need to move forward in phases, if the Runway is built or not, we need to be inclusive of everything, creatingjust one plan. He reiterated we need to move forward as soon as possible. Commissioner Flury noted that the first step would be to define the area. She further stated that she would prefer that this project go out to bid, so we know what new creative ideas are available to us. Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13,2009 - 7:00 p.m l0 1 1. Commission Comments ll.l CommissionerAnton Commissioner Anton had no comments 11.2 CommissionerBertino Commissioner Bertino commented the Beach Blast was a very successful event and hoped future Commissions would continue to support the Chamber of Commerce. Commissioner Bertino noted we need to see more police activity in the Meadowbrook area to prevent people from going around the barrier on SE 2"d Street. He added that we need to move fonvard with the signage without further delay. I I .l Comn.rissioner Flury Commissioner Flury thanked the people who have worked on the airport issue over the years, including Commissioner Anton. I 1.4 Vice-Mayor Castro Vice-Mayor Castro commented on the revised City Website. She noted the design is very nice and encouraged everyone to visit it. Vice-Mayor Castro noted the Kids Ecology Corps will be doing a Beach Cleanup and Sea Oat Planling on Saturday, January 24. She asked the Commission to sponsor the event with a $500 contribution. Commissioncr Anton motioncd to donatc $500 to Kids Ecology Corps for the Beach Cleanup and Sea Oat Planting; seconded by Vice-Mayor Castro. The motion carried unanimously, 1 1 .5 Mayor Jones Mayor Jones provided the schedule of events for the Martin Luther King, Jr. Parade, Rally and Church service. 12. Appointmenls There were no appointments at this meeting I 3. Administrative Reports Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13, 2009 - 7:00 p.m l1 13.1 City Manager Interim City Manager Donnelly requested the removal of a lien fbr sidewalk improvements made by the City for property located at 146 I NW I 0'n Street. Ms. Elten Bithell had planned to participate in the 50/50 sidewalk program, but was unable to do so due to an unforeseen problem with her septic system. The resident has been working with Code Compliance, and now has the funds to pay her portion of the 50/50 plan, and the fees associated with the placement ofthe lien. Commissioner Anton motioned to remove the lien and allorv Ellen Bithell to participate in the 50/50 sidewalk program; seconded by Vice-Mayor Castro. The motion carricd unanimously. Interim City Manager Donnelly provided an update on the status of the Hunicane Wilma Hardening Grant through Broward County. He advised that the funds have been delayed, but Broward County has advised that these should be released soon. Interim City Manager Donnelly further noted that the information is available on the City website. Interim city Manager Donnelty reported the Pre-Bid meeting lor the Library project held on Friday, January 9, produced an overwhelming tumout. He requested that the due date be extended until February 13,2009. The Commission concurred with the request. Interim City Manager Donnelly reported that he and staff met with U.S. Representative Ron Klein's office today. He advised that they are looking for projects that are "shovel ready" and that we would be submitting 5-6 projects for consideration. He indicated that a list o1'projects would be presented to the Commission for consideration prior to the mid-February deadline. 13.2 City Attorney city Attorney Ansbro commended stafl on the coordination of events for the city Manager candidates. City Attomey Ansbro noted the Pirates Inn may be in foreclosure. He advised we will be monitoring the situation closely, in order to keep our interests protected. 13.3 City Clerk - Reminders Thursday, January 15, 2009 - 6:00 p.m. Friday, January 16,2009 - 6:00 p.m. Saturday, January 17,2009 - 8:30 a.m. 12: l5 p.m. l:00 p.m. Tuesday, January 20,2009 7:00 p.m. Thursday, January 22,2009 - 6:00 p.m. Tuesday, Jantary 27,2009 - 7:00 p.m. Minutes of Regular Me eting Dania Beach City Commission Tuesday, January 13,2009 7:00 p.m Abatement Hearing Reception with City Manager Applicants One-on-One City Manager Inlerviews Lunch Full Commission Interviews-Public Meeting Special Meeting-Selection of City Manager CRA Board Meeting City Commission Meeting l2 14. Adjoumment Mayor Jones adjoumed the meeting at 9:39 p.m. ATTEST: 6W<4 LOUISE STILSON, CMC CITY CLERK Approved: I anuary 27, 2009 Minutes of Regular Meeting Dania Beach City Commission Tuesday, January 13,2009 - 7:00 p.m CITY OF DANIA BEACH ALB T C. JON MAYOR-COMMIS IONER a ,.,, l3 0 {I m 91 n o m z.(D 9r =c, =it €) =(D F c,q, (D E r- c)!P gd =30E =.8E fr.6=.(D ootrrFJJ e. ad 5 E€ 8. =.q=-A-=Y -j (Dq, 3 SHd_9 =-E'o - 0verview .Timeline of Events . Broward County's Airport Expansion Plan .The FAA's Record of Decision .lssues and Concerns .Options for Moving Forward WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COMMISSION CONCERNING THE FORT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIRPORT WHITE 5. CASE WHITE 6 CASE App roval Process for a Mai or Airport I Ex anston . LocalAirport Sponsor (Broward County) must seek expansion . Broward County must submit applications to FAA and other federal agencies . Broward County must perform the actual work once the proiect is approved . FederalAviation Administration must approve the expansion and the funding . Airports and aviation are subject to plenary federal control . FAA musl approve airport development plans and expenditure of airport-generated revenue . Other agencies may need to issue permits for parts of the proiect . U.S. Army Corps of Engineers must issue wetland permits . State and local agencies must issue permits . Land use approvals . Environmental permits WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COMMISSION CONCERNING THE FOBT LAUDERDALE.HOLLYWOOD INTEBNATIONAL AIBPORT 1993 1994 1995 Mard 1996: NEPA procoss sl8rts 1996 1997 1998 1999 2000 2001 1994: Aipod Ma$er Phn Updab Oclo0€r 1 995: lnb.loaal AgEfflent December 2000: FAA coodilionally approvos AiDod Layout Plan PRESENTATION TO CITY OF DANIA BEACH COMI!!ISSION CONCERNING THE FOBT LAUOERDALE.HOLLYWOOD INTERNATIONAL AIRPOBT WHITE 6 CASE Timeline of Events WHITE & CASE LLP Timeline of Events F€bruary 1001: Firsl Dnlt Envkonm€nlal lmpact Stat€mont Novemb€r 2002: Second Supplsm€nl lo h€ Dratt Environmenhl lmpact Slalsmenl Mardr i'007: N6w Dratl Environmenhl lmpact Sht€menl oecemb€r 2008: FAA Recotd ol D€cisio.r 2002 Madr2002: Supplemonlal 0ratl Environmental lmpact Statemont 2004 D€cemb€r zfiX): All FAA NEPA plocesses stopped by Browad County 2006 January 2005: FAA 'TS$ANS'hE NEPA plocsss 2007 2008 200{t20012003 Jun€ 2008: Fiml Enviroomsntal lmpact Stal€ment PRESENTATION TO CITY OF DANIA BEACH COMMISSION CONCERNING THE FORT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIRPORT WH ITE E CASE WHITE & CASE LLP Broward Countv's Airp ort Expansion Pro osal: Alternative 81c . Redevelop and extend the South Runway to 8,000'feet . Runway woutd be escalated over the Florida East Coast Railway and U.S. 1, 45 feet above Mean Sea Level on the east end . lmplement operational noise abatement actions called for in lnterlocal Agreement . Permanently decommission the Crosswind Runway . Redevelops terminals to increase number of gates from 57 gates lo 67'77 gates WHITE & CASE LLP PRESENTATION TO CITY OF OANIA BEACH COIVIMISSION CONCERNING THE FOBT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIRPORT WHITE 6 CASE Other Alternatives Considered Alternative C|: Nofih Parallel Runway . New 7,72l-toolrunway located 850 feet north of existing South Runway Alternative Dl: Large Two Runway Option . Extension of South Runway to 8,000 feet and new7,721-foot north runway Alternative D2: Limited Two Runway Option . New 6,001-foot runway located 340-feet north of South Runway and new 7,721'tool north runway WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COMMISSION CONCEBNING THE FORT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIRPORT WHITE A CASE Alternative 84: Small South Runway . New 6,001-foot runway located 340 feet north of the existing South Runway o t! ITHIt k-I; la!t I I r IL rrJ4-l ,t*l.rIt rJ I a I ;ri[iiiill -i II >. Ir E t It i I ,liI,Eo trl .t 8 l Q B|: !! r ,EI'f I I t t I I E 5 4 J-T a: I' J I -l it t t -l,,/ / I I I I I t 3D a'! e 6I g. P DI0 n o e -l r t-l-,l I I I I )r L ll tl,l L I I ffiE[[III Iif'I I I It I I ll I I i I I I I I E I I I , I I / N I e(. ''l I i '( i I I I I I ! I I I i I I I i! I t \ I L 1995 Interlocal A reement Between Broward Coun and Dania Beach . Operational Restrictions: . The proposed South Runway can only be used from 7:00 a.m. to 10:00 p.m., unless there is an emergency or Runway 9U27R is closed. . During normal operations, large aircraft using the proposed South Runway must land only to the west and depart only to the east. . lf aircraft operations at the Airport result in delay, large aircraft may land to the east or depart to the west on th6 proposed South Runway only during peak hours' . Noise Mitigation Planning: . Procedures to involve Dania Beach in formulation of mitigation plan . Provision that acquired properties must be valued the same as comparable properties located away from the Airport WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COMIUISSION CONCERNING THE FORT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIBPORT WHITE ECASE FAA's December 19,2008 Record of Decision . FAA's Record of Decision approves extension of the South Runway without o erational noise restrictions. . Selected Alternative "81b" is Broward County's proposal, without the limited noise restrictions contained within it, . "The FAA will not consider the approval of a runway development project with noise abatement runway use procedures that would limit its capacity in the opening year without a study of alternative noise measures such as required under 14 CFR Part 150, Airport Noise Compatibility Planning." [ROD, p. 2] . FAA could have imposed operational restrictions in the ROD. [49 U,S.C. 471721 . FAA has indicated that it will not impose operational restrictions in any meaningful way. . Agency has expressly said in the past that it would not impose noise restrictions. . Agency in the past has considered all such restrictions as "voluntary" for pilots and ATC. WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COMMISSION CONCERNING THE FOBT LAUDEBDALE-HOLLYWOOD INTERNATIONAL AIRPORT WHITE E CASE FAA's Justification for the Decision . FAA asserts that the Airport currently needs additional capacity. , Yet average annual delay in 2007 (5.80 minutes per operation) at the Airport was within acceptable levels. . The 81b Alternative was selected, in part, to allow for the Airport to have room for "future growth" at some undefined timeframe. . FAA admits that the North Runway Alternative is the "Environmentally Preferred Alternative. " WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COMMISSION CONCERNING THE FOBT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIBPORT WHITE 6 CASE lssues and Co ncerns with Record of Decision . 1,051 residences are located with the 65+ DNL lor the 81b Alternative by 2020. . There are2,472people living at those 1,051 residences. . FAA rule states that 65+ DNL is not compatible with residential land use. [FEIS at Appdx. Hl . Serious impacts to local parks. . Over 15 acres of high quality wetlands will be destroyed in building the new South Runway. WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COIVMISSION CONCERNING THE FORT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIRPORT WHITE 6 CASE E t 8 aI mg B E I ? 0Ir c t U6 o o .} o, o-ao at! cI t t t t z tt! 2 27R I t ro +oz o , I tu tt 1t cIt I Tt Ee 3 oC Ta z -----\,] I r-" I looo I \jj {l i r@) EEiE6 9;ridatt/1 il!x :tE(,) iirg .tt N>-ootsI -Oooo-ioo Er llx> 8fr;I.)<oo 3o =r I N; - - I, It ! II! II I o t, ? I I I H*HH I E H I IltIt I I H I I o I E *lEIB:i I ffi a t I,nFl!s.ttr +=s! E1es!'E l{ikE.Ris =:ls .t I T- a tl-, a ;l [} et I t'l I I \ Vr ha9Li; rkT - iEEEEEg!: E!-l;f€ E:{9$E ;t"-'5E<Oa5:P60. D= U; C, c ! o{ EC ;cI t ? 9 oI Czzoov1'ovImo I zt @m o- SW -orI€ooo -{(rr ozt- .{oozt- o)(,l ozt- o)(, ozr -{ ozt- -{(, oza- tI u; !!o o oA o) a,E o Er I €oo o 1l F o,(n ozt- O)(rt ozt- HIlsl 2z (@) I I -or e =ooo o zt TD m oI iEirfi iEiEii i;ii6,e'{IO Eii!s-:6r oital, Eirg {,n F: B: B=fEEt E=tssE Q{ihEeis =itst- 4., Z I !ooo igEgEE# E -EsecE eE9P5l! I I H ;i s cI F E n EF T I II II E Bo"I lcX! E I I TI T il IIililllIt EE T Ht I I III HI H s I R = = = w- F ?- -,-- r t ! I EI rtg,J / H[r CI gt a : + o c l,t 2 B sw 18 Hp .{oozr GD) {n'Flls.3: +=BTEieESD33:3is.:.:= gEEE !EIE;.; Itr!lrE{8 c {,:: g!EB alr iit vo o omc) oz + oa O)(rr oz- -{oozt- -{(, ozt- o't-t (D o-l o CI o a 0lf. o tr r I lrtoc o D=- I FE g E +tr E "i5*-19 d3aE6A r- I /z z I !ooo J o zt @m o- aa o a E c: ttI o + o 7 l. r ? o2 o 0a t I E 0I ;ct ; a! 3 ot x G. oz o oI l o E i)t2 TI,JArE =bJa 2tZ tq A\ D j ov a) , - I I I I I : :..: !tli: : -: :. WHITE 6 CASE lssues and Concerns with the Record of Decision . FAA bases its decision to expand the Airport on flawed forecasts of increased operations at the Airport until 2020. . FAA falsely assumes that flight operations at the Airport will not increase as a result of Iarger runway and terminal facilities. WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COIUMISSION CONCERNING THE FORT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIRPORT Gomparlson ol19Tl FLL Magter Plan Heport Prolectlona (Unconstralned) Prepared by Landrum & Brown and Actual Operatlons Dala (1980-1995) 1600000 1400000 r 200000 r 000000 800000 600000 400000 200000 1e7, FLL Ma3te, Plsn Floporloc, .9 .E o CLo a! oF TAF Actual o 1900 1981 1982 1903 1984 1985 1986 1987 1988 t9E9 1990 1991 1992 1993 1994 1995 Soer"€r FAATAFDatBbas€(htpJ/urww.apo.data.laa.gov/msh al.asp). Ygaf r oooooo 950000 900000 850000 800000 750000 700()00 650000 600000 Comparlson of TAF Projectlons to Actual Operatlona (MlA + FLL) 19OA TAF g tt T6F 2OOO TAF 2OO2 TAF Aclual 2003 2004 2005 2006199A 1999 2000 S@rc.: FAA TAF D{abrl. (hr|p ://rw*..po.c!.!!.t...gov/m.l^rt.r.i3p) 2o02 Years 2001 lssues and Concerns with the Record of Decision . FAA evaluates impacts from the project until 2020, while at the same time selecting its chosen alternative on the basis of "future growth" at the Airport beyond 2020 . FAA looks at impacts from the new South Runway until only 2020, when noise and air pollution felt by citizens will continue to increase after 2020 . FAA does not select the alternative that minimizes impacts to people and the environment . North Parallel Runway is cheaper, reduces noise impacts when compared to No Action Alternative, avoids parks and wetland impacts . North Parallel Runway also meets the project's purpose and need WHITE & CASE LLP PRESENTATION TO CITY OF DANIA BEACH COMIVISSION CONCERNING THE FORT LAUDEBDALE"HOLLYWOOD INTEBNATIONAL AIRPORT WHITE A CASE 0p tions for Movinq Forward . FAA . Aggrieved persons have the right to seek judicial review of ROD by filing a petition in the U.S. Court of Appeals [49 U.S.C. g 46110(a)]. . Petition must be filed "not later than 60 days after the order is issued" . Other Agency Approvals . Broward County . 1995 lnterlocal Agreement . U.S. Army Corps of Engineers . Army Corps must issue permit to allow filling of wetlands east of the Airport WHITE & CASE LLP PRESENTATION IO CITY OF DANIA BEACH COMIVlISSION CONCERNING THE FORT LAUDERDALE.HOLLYWOOD INTERNATIONAL AIRPORT WH ITE 6 CASE