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HomeMy WebLinkAbout36019 - AGENDAS - City Commission T 4 17 �n�onOF � u �►s 1 � q°► 5 ii �7;} i i I V r . ..... _ ...... __..-.. .. .._ _. n Y f kl r' r� MINUTES DANIA CITY COMMISSION WORKSHOP MEETING AUGUST 15, 1995 Present: Mayor: Bill Hyde Commissioners: Bobbie Grace 0 Albert Jones 4 Bob Mikes Interim City Manager: Mike Smith City Attorney: Frank Adler Acting City Clerk: Marie Jabalee ' Absent: Vice Mayor: John Bertino 1. Interlocal Agreement with Broward County regarding airport expansion. K Interim City Manager Smith advised that a letter was received today from K John W. Reynolds, Jr., Assistant Manager for the Orlando office of the f` 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 1 have ti been estimated by Berry & Calvin and those costs would be covered by the $1.6 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 iCity 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. WORKSHOP MEETING 1 AUGUST 15, 1995 R r r a 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, Melaleuca 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 0 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 I 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 Melaleuca Gardens residents. j 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 WORKSHOP MEETING 2 AUGUST 15, 1995 s E e :Ti i' 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 ,® continue. 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 Y Citydraft a document approved pproved by the Commission that would go directly to the County Commission. He requested direction from the Commission on their policies and guidelines for the following key points: • The three residential areas being impacted by the expansion must remain residential; • Will the city accept the 65 LDN as the standard; • Is the City satisfied with the monetary portions provided in the Interlocal Agreement Commissioner Mikes suggested to include the following g wordin 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. Include language requiring the County to fund any mitigation program funded by the Federal Government �• � 't and put binding arbitration back in the agreement. Commissioner Mikes stated his general opinion that the Interlocal 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 WORKSHOP MEETING 3 AUGUST 15, 1995 ,7, del r � F r»ffl,�t ti �t J 7 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 included in the agreement on the following issues: • Binding Arbitration • Purchase Assurance Appraised values based on comparables outside the airport affected a areas • Trails End property P; Mr. 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. " `' 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. i 2. Budget review FY 1995 - 1996. I Interim City Manager Smith mentioned that the changes from the July 21 I Budget Workshop are provided in the backup and that further discussion is j WORKSHOP MEETING 4 AUGUST 15, 1995 w { - - -- r+E? i needed on the BSO Contract, Fire Department and salary for Marie Jabalee as City Clerk. BSO Chief Frey explained that a 7% increase is being requested this year and that last year's contract provided for a 5% increase. The increase would provide salary increases plus retroactive costs to Dania Deputies. Marie Jabalee, Acting City Clerk/Finance 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 i Fire Department: Chief Grammer clarified that the request as listed in the Airport Interlocal 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 Interlocal 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 "J 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. I Street Lights: i Commissioner Grace recommended to remove the $7500 budgeted for the person checking street lights as the function can be handled under Public iWORKSHOP MEETING 5 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. City Clerk Department: Commissioner Grace recommended Marie Jabalee to be provided with the _ s same salary as the previous City Clerk, Wanda Mullikin. Marie Jabalee advised that the amount was $54,475. The Commission generally agreed �1 ut• with the salary for City Clerk. rY Y 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. Interim City Manager Smith agreed to go back and look at the overall expenditures and revenues in the budget to bring the millage rate to 6.28%. This meeting was adjourned. c MAY OMMISSIONER CITY CLE <-AUDITOR WORKSHOP MEETING 6 AUGUST 15, 1995 P; J �h f-e AGENDA DANIA CITY COMMISSION WORKSHOP MEETING AUGUST 15, 1995 7:00 P.M. 1. Interlocal Agreement with Broward County regarding airport expansion. 2. Budget review FY 1995 - 1996. r I i i i i i II Ir r'1'1 i 111 I�'1.{ ail+ I 'i.l rlyC U.S. Q0P©rtrr',anc of Transportation Orlando Airports Olavlar Offtre 9677 'nadeport Orive, Sulta 130 Admen tratiAVIa n Orlando, Florida 32827-53g7 Administration 407_848.8882 This Is in referents to UV proposed may F'idension to 90prr Of 3fi/271.at the Fort Laxterda}o International Airport(FLL). A short wh4e ego I had a eonvarsaiton with a gentleman on tha�alrpert WVI"y o+ rnm ttee now e I answered soma questfone and gave CIWWMl information. t haft that indicates(hat there may have been some mistommunitbtlon during that conservation I would like to derity sortie foots. H(A kGn HO to t%hi h approVed e;rport Irtyout plan them will be no need to S �which la on the approach end of Rey SR If the'mdansion isftrg are no the - Mquire the removAlsoal Of tha Hilton t{�ote operational eoanar►os p}et wears swats nth would 3.' I hope this clarifies the I= i w'• sincerely, V °'V ohn W. Reyno , Jr. j sistantiwanager XwrHolnrro.wBl•HtdriCowm,l �-- . arowrd4Jvwrh pay'WHrw,^,,SrntM Canary - .J Irk A ehgbnor ReAHLp ~� TON Y Snn7E Vfi S,ua. tWhr�GCNNVG 46 S.W. }p honeor Scryo 6, Da?0066 ride 33004 J'hone/F . (305) 620 In +-lS--i 5 cJaarJ : i to }?:3Y morrows afrao rts_ y 4dYrrp.Fg91 �Y` ' RUG-16-1995 15:40 P.01 I i i MBroward County Aviation Ueportment 1400 Lee Wagener Boulevard 6 Fort Lauderdale,FL 33315 ® (30.5)359-6100 August 10, 1995 The Honorable Bill Hyde Mayor of Dania 100 W. Dania Beach Blvd. -; Dania, Florida 33004 Dear Mayor Hyde: r ; Attached are ten (10) copies of a draft Interlocal Agreement. This draft does not include the legal descriptions of the ( tir, annexation/de-annexation parcels. However, we have attached a �. marked-up version of the exhibit generated when this matter was previously discussed. Adjustments have been made to reflect the {' present situation, especially the parcels previously intended for Dania, but subsequently annexed by Fort Lauderdale. As with placement of the ad addressed in my letter of August 8th ' to you, the County is proceeding with submittal of a draft annexation/de-annexation document to bill drafting in Tallahassee. Actions of the Dania and Broward County Commissions as well as decisions of the delegation will result in this submittal to bill drafting be modified or withdrawn as may be appropriate. The initial submittal is merely to meet time line requirements and is not intended to necessarily reflect the subsequent actions of the two Commissions. � = Very truly yours, - r f Geo . Spofford Dire J GES/erf Attachment cc: B. Jack Osterholt, C.A. HydeB.10 i jBROWARD COUNTY BOARD OF COUNTY COMMISSIONERS-An Equal Oppprtunity Employor and Provider of SwAces Soon I.Co an Sulann_e N .u•_urder Jo P.Hon Lon Nance Parosh syma Punier John E.Roamom Jr Gerold F Thompson IYe M eWldrnp A FWure Far Ywr Famrly.And ybUr CUFlneu I r Y D R A F T - August 9, 1995 INTERLOCAL AGREEMENT Between BRO14ARD COUNTY and CITY OF DANIA d pertaining to V Expansion and Jurisdiction of Fort Lauderdale-Hollywood International Airport This is an agreement between Broward County, a political subdivision of the State of Florida ("COUNTY") and the City of Dania, a municipal corporation, organized and existing under the laws of the State of Florida ("CITY") . SI WITNESSETH: aa{ WHEREAS, COUNTY owns and operates the Fort Lauderdale- Hollywood International Airport (the "Airport") , which is presently located within the jurisdiction of the COUNTY, the CITY and the City of Fort Lauderdale; and WHEREAS, to ensure efficient operation and management of the a Airport, in 19 the Legislature enacted a local"bill to exclude tr the Airport, as it was then configured, from municipal 4 - jurisdiction, but subsequent land acquisition for Airport expansion in the early 1980's resulted in portions of the Airport again falling within the jurisdiction of the CITY; and WHEREAS, COUNTY and CITY have authority to enter into Interlocal Agreements pursuant to §163.01, Florida Statutes; and ..-..-J WHEREAS, COUNTY and CITY desire by this Interlocal Agreement to provide for unified governmental services and regulatory control of the Fort Lauderdale-Hollywood International Airport, and to address the CITY's concerns regarding future expansion of the Airport; and WHEREAS, COUNTY has approved the study entitled "Technical Report: Fort Lauderdale-Hollywood International Airport, Master j Plan Update" dated March 1994 , hereinafter referred to as the "Master Plan, " which study recommends the widening of runway 9R/27L at the Airport to 150 feet and its lengthening to 9, 000 feet to i accommodate the projected capacity needs of the Airport (the "runway expansion") ; and i !i I if 1 ,1.'. D R A F T - August 9, 1995 WHEREAS, previous Master Plans for the Airport in 1972 and 1987 depicted the extension of runway 9R/27L to 6, 000 feet; and WHEREAS, the lands needed to complete the runway expansion are located within the CITY; and WHEREAS, COUNTY provides all necessary governmental services and oversight to the Airport, and, therefore, desires exclusive jurisdiction within the Airport; and WHEREAS, COUNTY and CITY recognize the benefit of the Airport _ S to the economy of Broward County and the City of Dania; and WHEREAS, COUNTY and CITY recognize the need for stability and 4 . commitment in planning; and WHEREAS, CITY desires the stabilization of its tax base in light of such planned acquisition of land for Airport purposes; and WHEREAS COUNTY and CITY recognize and agree that an interim 4 4 Y negative impact on the tax base of the CITY due to COUNTY's {! ; acquisition of land within the CITY for the runway expansion will "r be addressed by the CITY's annexation of certain land, as more fully described herein; and WHEREAS, COUNTY and CITY recognize and agree that any potential impact of the runway expansion on the residents in the vicinity of the Airport will be addressed by the runway use and noise mitigation programs addressed herein; and NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, and covenants set forth herein, COUNTY and CITY hereby agree as follows: k� I . AIRPORT EXPANSION AND RUNWAY RESTRICTIONS .1 ; 1. COUNTY and CITY agree that the Airport expansion proposed in the Master Plan, and the mitigation of the impact of the runway expansion, as further addressed by this Interlocal Agreement, is in the best interest of the residents of Broward County. 2. CITY agrees to cooperate with COUNTY in the preparation and approval of an amendment to the Airport DRI development order, land use plan amendments related to the Airport DRI , including the amendment to "transportation" of the land needed for the runway expansion, and an Environmental Impact Statement based upon the Master Plan for the Airport. _2- i y s't µl ,l ✓{ of F i,•1 4�• 1� D R A F T - August 9, 1995 3 . COUNTY agrees to: a A. Amend the Broward County Land Use Plan and Compre- hensive Plan to become consistent with the Airport Master Plan, to the extent the Comprehensive and Broward County Land Use Plans address the matters addressed by the Airport Master Plan Update; B. Restrict the use of proposed runway 9R/27L as follows: �! (1) At all times during phases 1, 2 and 3 of opera- tion, proposed runway 9R/27L shall be used only during the hours of 7: 00 a.m to 50:00 p.m. and only by Stage III aircraft. However, proposed runway 9R/27L may be used at any time in the event of an emergency or the closure of runway 9L/27R as hereinafter provided. (2) At the start-up of operation of the proposed runway 9R/27L, aircraft exceeding 58, 000 lbs. will land only to the } west and depart only to the east. However, proposed runway 9R/27L ? may be used unrestrained at any time in the event of an emergency y or the closure of runway 9L/27R as hereinafter provided. This level of use shall be referred to herein as "Phase 1. " (3) When the number of aircraft operations at the Airport require it, to avoid delay, aircraft exceeding 58,000 lbs. may land to the east or depart to the west using proposed runway 9R/27L only during IFR conditions during peak hours. However, proposed runway 9R/27L may be used unrestrained at any time in the event of an emergency or the closure of runway 9L/27R as hereinaf- ter provided. This level of use shall be referred to herein as "Phase 2. " COUNTY may proceed to Phase 2 use -of the proposed runway 9R/27L only if COUNTY has complied with the requirements of paragraph 4 , below, "Noise Mitigation. " (4) When the number of aircraft operations at the Airport require it, to avoid delay, aircraft exceeding 58,000 lbs. may land to the east or depart to the west using proposed runway 9R/27L only during peak hours. However, proposed runway 9R/27L may a be used unrestrained at any time in the event of an emergency or the closure of runway 9L/27R as hereinafter provided. This level of use shall be referred to herein as "Phase 3 . " COUNTY may proceed to Phase 3 use of the proposed runway 9R/27L only if COUNTY has complied with the requirements of paragraph 4, below, "Noise Mitigation. " (5) If COUNTY determines at any time that it is necessary or advisable to move to Phase 2, Phase 3 or unrestrained use of proposed runway 9L/27R, COUNTY may do so by notifying CITY in writing and preparing a projected 5 year 65 Ldn noise exposure i -3- 7. i i h,a A I D R A F T - August 9, 1995 map for the Airport and immediately commencing to comply with paragraph 4 , below, "NoiseMitigation. " (6) Unrestrained use of runway 9R/27L because of the closure of runway 9L/27R or due to the existence of an emergency condition at the Airport as declared by a pilot, Air Traffic Control personnel or the Airport operator shall be permitted at all times. (7) COUNTY agrees to supply CITY monthly reports of �! the Airport noise monitoring system. Such reports shall be provided in the form requested by the CITY, to the extent the form - y", requested by the CITY is within the standard existing capabilities of the noise monitoring equipment and software. CITY has the right to independently verify the accuracy of the Airport noise monitor- ing system. C. Not proceed with the construction of the proposed runway expansion unless the restrictions described above are t submitted to the Federal Aviation Administration ("FAA") , and the ' FAA has responded indicating that it did not object to the restrictions. { 4 . Noise Mitigation: , 1 t A. Starting in the calendar year during which construc- t tion of the proposed runway 9R/27L commences, COUNTY shall prepare -': annually a projected 5-year 65 Ldn noise exposure map-1 for the Airport and provide such map to the CITY immediately upon acceptance by the Hroward County Aviation Department. The base fitea'," year information shall be drawn from the best available data on actual aircraft operations at the Airport. Data from the COUNTY's i noise monitoring system shall be utilized to verify the accuracy of the computed base year contour. The projected 5-year noise 6 '!.r exposure map shall utilize the best available data to project the number and type of aircraft operations. The forecasts and all supporting data shall be provided to the CITY at CITY's request. At such time as a projected 5-year 65 Ldn noise exposure map shows that a portion of any residential area within the CITY will be exposed to 65 Ldn because of the operation of runway 9R/27L within such 5 years, COUNTY shall commence a noise mitigation program, as described below and as permitted by applicable regulation, in such area and shall substantially I Where the term "Ldn" is used herein, it shall mean an annual average Ldn contour. The term 1165 Ldn" shall mean the then- current applicable Federal Aviation Administration guideline for noise mitigation of residential areas. -4- i - -. MAW D R A F T - August 9, 1995 complete such mitigation, as described in paragraph S . C. below, prior to allowing the next phase of use of runway 9R/27L. CITY has the right to independently verify the accuracy of COUNTY's projected noise contours. However, COUNTY may commence use of runway 9R/27L or move to a higher phase without having substan- tially completed the noise mitigation program if, because of natural disaster or other force majeure, there is a drastic reduction in commercial airport capacity in the South Florida area, such as the long-term closure of a commercial aircraft runway, which causes an increased commercial demand at the Airport beyond reasonable projections. In the event this occurs and is expected to last longer than six (6) months, COUNTY shall immediately prepare a revised noise contour reflecting the increased use and immediately commence noise mitigation as defined below. � r = B. The COUNTY shall prepare and implement, as required by paragraph 4 .A. above, a noise mitigation program based upon then-current and applicable federal guidelines, which at the present time may include, at COUNTY's option, one or more of the following: purchase assurance or sales assistance programs; acquisition of fee title to all property (and relocation of property owners) within a defined area; voluntary acquisition and relocation; or, acquisition of avigation easements. Depending upon the desires of the affected residents, a variety of mitigation measures may be offered within the same area . The exact terms of any avi ation easements purchased will be subject to negotiation between theCOUNTY and the property owner. The g p p y primary concern in the preparation of a noise mitigation program will be the desires of the affected residents. Mitigation programs shall be developed in coordination with the CITY, and shall be based upon a consider- ' ation of the consistency of such measures with 'then-current and applicable federal guidelines. However, the mitigation programs selected are not dependent on the availability of federal or state funding. At this time, the parties recognize that a purchase { assurance or sales assistance program will best achieve the goals GI of the parties where the affected residents desire to maintain the character of their neighborhood. C. Proposed noise mitigation programs prepared pursuant 1¢ to this agreement shall be submitted to the Dania City Commission for review and comment. CITY shall review such programs and may submit to COUNTY a counter-proposal within forty-five (45) days. Any counter-proposals made by CITY shall be based upon a consideration of the desires of the residents of the area and shall ibe consistent with then-current and applicable guidelines, including, at a minimum, federal regulations regarding grant eligibility and the expenditure of aviation funds. However, mitigation programs proposed by the CITY are not dependent on the availability of federal or state funding. The CITY's counter- proposals shall not address the subsequent use or disposition of -5- i I 1 • D R A F T - August 9, 1995 any propert:, acquired for noise mitigation purposes. COUNTY shall IP consider an.: such counter-proposals and respond in writing regarding each element of the counter-proposal . Should the COUNTY elect to pursue a mitigation program differing from that proposed by the CIT'i, the parties shall attempt to resolve their differences and, if necessary, utilize the services of a local, public-oriented organization to function as a mediator, such as the "FAU & FIU Joint Center for Environmental and Urban Problems. " COUNTY will not proceed to the next phase of runway `1 use unless there is a fully-funded noise mitigation program in place and CO-UNITY has substantially completed such noise mitigation, as more particularly described above. Notwithstanding the foregoing, the COUNTY may proceed with the next phase of runway use after a period of six (6) months has elapsed from the date the COUNTY funds and offers to initiate its program of noise mitigation. 5. C: NTY agrees that any fee simple condemnation undertaken as a noise mitigation measure will be conducted pursuant to the Federal Re_ccation Assistance Act. r II. ANNEXATION/DEANNEXATION 6. COUNTY shall prepare all necessary documents for annexation into the CITY of the parcels of land more fully described or. Exhibit 1, attached hereto and incorporated herein by reference, and sometimes referred to herein as the "Annexation S'. Parcels. " ` 7 . C__Y and COUNTY agree to support by all reasonable and )" legal means the annexation by CITY of the Annexation Parcels, which shall include supporting before the Broward County Legislative Delegation and the Legislature a local bill in substantially the form attac-ed hereto as Exhibit 3. S. COUNTY shall prepare all necessary documents for the deannexaticr from the CITY of the parcels of land more fully described cr. Exhibit 2, attached hereto and incorporated herein by reference, and sometimes referred to herein as the "Deannexation Parcels. " 9 . C:T'i and COUNTY agree to support by all reasonable and legal means the deannexation of the Deannexation Parcels, which shall inc:ude supporting before the Broward County Legislative Delegation, and the Legislature a local bill in substantially the form attaced hereto as Exhibit 3. -6- Ax z.'¢y !?CST r r `. Y D R A F T - August 9, 1995 10. The COC;:,Y and the CITY agree that the annexa_ion and deannexation of lands described herein, when considered together with the other crcvisions of this agreement, provide comparable benefits and oblications to each party. Therefore, if for any reason the Legislature does not enact a local bill in the form attached hereto as Exhibit 3, this Interlocal Agreement shall be null and void and of no further force and effect. Similarly, if for any reason an:: clause or paragraph of this Interlocal Agreement is not agreed tc and approved by each commission, then both the COUNTY and the CITY' shall withdraw support for a local bill. J III. PLATTING; AIRPORT-COMPATIBLE USES p~ 11. CITY agrees to support by all reasonable and legal means the platting, rezoning, and other such actions necessary to prepare h certain lands in the vicinity of the Airport for development or redevelopment for airport-related uses. The lands to which this ;f. paragraph applies are included in the following plats or proposed plats: "Runway Lakes FLL Airport Plat 3; " "Trails End FLL Airport C .Plat 5; " "S.W. 277:h Avenue FLL Airport Plat 7;" "Ravenswood 32nd - Street FLL Airport Plat 8;" and, "N. E. 7th Avenue FLL Airport Plat 9 . " COUNTY agrees , following approval and recordation of Plats 3, + 7 and 8, to offer Plats 3, 7 and 8 for sale or exchange in n, accordance with the requirements of Florida statutes, so that such lands may be returned to the tax roles of the CITY. It is the parties' intent that t such lands be offered for sale as so on as practicable after plat recordation, considering the prevailing market conditions. When used in this agreement, "airport-related uses" or "airport-compatible uses" shall mean uses and facilities that are related to the Airport or aviation, or that provide support services to the Airport, its tenants, users, concessionaires and F employees, and which may, by the application of reasonable site- plan, zoning or similar regulations, be conducted on a proposed site in a manner that is compatible with existing, non-airport uses in the vicinity of the site. Without in any way limiting the _ generality of the foregoing, "airport-related uses" and "airport- compatible uses" include: rental car facilities and storage lots, long-term passenger parking facilities, employee parking facili- ties, airline in-flight services, air cargo services, specialized aircraft and ground transportation equipment repair and maintenance excluding aircraft engine testing, and aviation-oriented training facilities. -7- h I r+i D R A F T - August 9, 1995 IV. S==TIEMENT OF LITIGATION 12. It is the inter.= and desire of the parties to resolve by this agreement all of their disputes regarding the proposed runway expansion as described in the Airport Master Plan. Therefore, based upon the mutual benefits and obligations set forth herein and the framework for cooperation provided by this agreement, the parties desire to resolve a:l pending litigation, as follows: A. CITY agrees to enter into a Stipulated Final Judgment in the case stv_ed City of Dania v. Broward County, Case No. 93-18222 (05) , pending in the 17th Judicial Circuit, Broward County, Florida, which Stipulated Final Judgment shall incorporate the terms of this agreement, and CITY agrees to dismiss the non- final appeal styled City f Dania v. Broward County, 4th DCA Case No. 95-01238 . B. CITY agrees that, by entering into and executing this agreement, Resolutic- No. 26-95 of the City Commission of the City of Dania is hereby rescinded. COUNTY agrees, therefore, to dismiss the case styled ==c::ard County v. City of Dania, Case No. 95-04167 (05) , as soon as practicable after execution of this agreement. t C. As soon as practicable after execution of this agreement, CITY agrees that it will withdraw any and all pending motions to intervene in eminent domain actions filed by COUNTY to acquire land for Airport purposes, and voluntarily dismiss any and t all appeals and proceedings currently pending regarding the CITY's intervention or participation in such eminent domain actions, t including but not limited tc the following cases: - City of Dania v. Broward County and Powell, at al . , 4th DCA Case No. 95-01223 [L.T. � ? Case No. 95-001848 (07) : ; City of Dania v. Broward County and Powell, et al . , 4th DCA Case No. 95-01428 [L.T. Case No. 95-01847 > (14) ] ; City of Dania v. Broward County and Lancaster Steel Co. Inc., et al . , 4th DCA Case No. 95-01213 [L.T. Case No. 95- 01565 (07) ] ; City of Dania v. Broward County and Kurz Associates, L.P., et al . , 4th DCA Case No. 95-01748 [L.T. Case No. 95- 01562 (13) ] ; City of --a::ia v. Broward County and Peerless Investment Co., et al . , 4th DCA Case No. 95-01747 [L.T. Case NO. ' 95-01842 (05) ] . Thereafter, both parties agree to withdraw or dismiss any ancillary motions or proceedings, including any motions for attorney's fees. V. OTHER PROVISIONS 13. COUNTY agrees tc acquire from CITY certain infrastructure improvements on the land being acquired for the runway expansion, for an amount equal to the costs expended by the CITY, excluding -8- I , D R A F T - August 9, 1995 grants received or other amcu::ts advanced or reimbursed by any other entity, for the installation of such infrastructure improvements, not to exceed Cne Million, Six-Hundred Thousand Dollars ($1, 600, 000.00) , which costs the CITY shall demonstrate and document to the COUNTY'S satisfaction. The CITY shall provide the COUNTY with an itemized description of the locations, types and characteristics of the infrastructure for which costs are to be paid by the COUNTY. Simultaneous with the payment by the COUNTY to the CITY of the costs of such infrastructure improvements, the CITY shall provide the COUNTY with a Bill of Sale, in recordable form, J transferring all rights, title and interest in said improvements to the COUNTY. The Bill of Sale transferring all rights, title and interest in said improvements tc the COUNTY shall be in recordable r{_ Iry form. COUNTY shall bear any expanse of recording the Bill of Sale, and CITY shall be responsible -or sales taxes, if any, that are i payable in connection with this transaction. 14 . COUNTY agrees to initiate amendments to the Broward County Comprehensive Plan and Land Use Plan to reflect this $}}' Interlocal Agreement, and dilicently pursue such amendments. 1 f ! 15. The parties agree, to the extent permitted by law, that, as between CITY and the COUNTY, COUNTY shall be the local government with exclusive -urisdiction over the Airport. "Exclusive jurisdiction" shall be construed to include, but shall not be limited to, power to issue any development order pursuant to Section 380. 06, Florida Statutes, or any local program established to replace the DRI program, for lands within the planned Airport boundary, as depicted on Exhibit 4 . 16. Any notice required hereunder shall 'be provided in writing by certified U.S. Mail, return receipt requested, addressed as follows: FOR THE COUNTY: County Administrator Broward County Governmental Center 115 South Andrews Avenue, Suite 490 Fort Lauderdale, FL 33301 FOR THE CITY: City :tanager City cf Dania 100 K. Dania Beach Blvd. Dania, F! 33004 17 . This agreement shall be construed in its entirety and no portion thereof is severable. Each clause is dependent on the remaining clauses and common tc the entire contract. The parties agree that the entire agreement is void should any clause or provision herein fail or be stricken. -9- D R A F T - August 9, 1995 18. COUNTY agrees to approve, cr support the granting by the appropriate agency of, an easement to allow the continuation and maintenance of CITY's entry sign on the traffic island at U.S. 1 and Griffin Road (S.R. 818) , provided CITY agrees to maintain said entry sign. 19. COUNTY agrees that at such time as COUNTY no longer provides fire and/or rescue services from Fire Station #32 (located on S.W. 31st Avenue) , CITY shall be given first consideration to purchase such fire station for the purpose of providing its fire v rescue services. 20. The parties hereto agree that all legal requirements or prerequisites pertaining to the execution of this Agreement have been performed. 21. This Interlocal Agreement shall be governed by and construed in accordance with Florida Law, supersedes all prior written or oral agreements between the parties, and may not be modified or amended unless in writing following approval by both the Board of County Commissioners of Broward County and the Dania City Commission. IN WITNESS WHEREOF the, parties have made and executed this jr ?:y Interlocal Agreement on the respective dates under each signature: ' BROWARD COUNTY through its Board of County Commissioners, signing �? by and through its Chair or Vice Chair, duly authorized to execute same by Board action on 1995, and the CITY OF D;.NIA, signing by and through its duly authorized to execute same. r: rc4�' COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-officio Clerk of the Chair Board of County Commissioners of Broward County, Florida day of , 1995. -10- x; D R A F T - August 9, 1995 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNT': AND CITY OF DAIJIA PERTAINING TO EXPANSION AND JURISDICTION OF THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT Apprcved as to form by Office of the County Attorney, Broward County, Florida, JOHN J. COPELAN, JR. , County Attorney, Governmental Center, Suite 423 , 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 f. c By Tracy H. Lautenschlager Assistant County Attorney x CITY CITY OF DANIA, FLORIDA WITNESSES: Fa By 4( , Name: ^F Title: r day of 1995. SEAL Approved as to form: ATTEST: �1. { 7 City Attorney City Clerk C1ty Manager THL/Wp #93-890 08/09/95 dania. 10d -11- �t j} *3 ail i i 5 D R A F T - August 9, 1995 EXHIBIT LIST R Exhibit 1 Annexation Parcels Exhibit 2 Deannexation Parcels Exhibit 3 Proposed Local Bill Exhibit 4 Airport Boundary, including south runway expansion area and Master Plan p a✓" f i f it li .. -12- `2 I s IVAIMVAt 7V1-4VOON3,Iljt v l I t H ✓ i' ru r 1 t { orn-PT1(��..-� 1 �;dFFr;, i tmi:Tr O l� t o rC17 I IJI �gt1F "-.� cY 1 L,A` m I is x1u erg _t ' , S p CwC 'ryFy�w.f� 14...'-c � . I'L� Ii i•� 'j I, Inlr� jF 7 I' �- •. w ,'. �xt{�•�l,It .I N r:4 Li ir�.l. } pgaULP 0 r sey ZY 741 r, r ..cot., 1 f Li F ti.-_ ..rxy. {1- ON " F r -�a I • . FP: ! , , p I U !' MEMORANDUM DATE: August 11, 1995 TO: Mayor, Commissioners and City Manager 1 FROM: Marie Jabalee, Finance Director/ City Clem RE: 1995/96 Budget The following changes were made to the Preliminary _ Budget per the Commission's direction at the July 21, 1995 workshop: , Comm; aG;on �@ 1) Increase salary 5%- 2) Transfer $6, 000 from expense account to salary account . NET CHANGE; $2, 830 Cj-t.y Manacre 1) Decreased salary from $73, 780 to $65, 000 2) Decreased expense account from $6, 000 to $3, 000. NET CHANGE: ($11,780) Adminicr,-a 'on 1) Increased professional services from $11, 500 to ` $16, 500 _J 2) Increased engineering fees from $35, 000 to $85, 000 (for drainage study) 3) Reduced dues & subscriptions from $4, 625 to $1, 900 by eliminating membership in Broward County and Florida League of Cities 4) Added $10, 800 to Contingency NET CHANGE: $68,525 hi c _j 1. Personal Services, 1) Reduced accrued leave from $284 , 500 to $219, 500 NET CHANGE ($65, 000) Fire Department : 1) Deleted machines & equipment �r NET CHANGE: ($5, 575) EMS: 1) Reduced professional services from $42, 200 to $40, 200 2) Added $15, 000 for debt service to purchase rescue vehicle NET CHANGE: $13, 000 Boisey Waiters Center: 1) Reduced budget from $4, 150 to $2, 150 h NET CHANGE ($2, 000) For accounting purposes, $571, 046 for fire fees to be ! � paid to Broward County, and $84, 500 for the new rescue vehicle were added to the Fire and EMS Departments. The funding for these items was also added to the revenue and is reflected in the "Debt Proceeds" line item. Since these H.�. items offset each other there is no net effect . ra7j� y,`u v •-s. 2 i 3 �r! ACt 1^� .0 X` 1• —` Pu+l 017 irc Bm 45117 - 10 Purl L"Idcrdalc. Florida 333111 August 14, 1995 95-484 Mike Smith, City Manager Dania City Hall Dania, FL 33004 Dear Mr. Smith, At the budget workshop held July 21,1995, the Commission asked that I make recommendations to reduce the cost increase BSO is requesting for the FY 95/96 contract. i To meet the Commission's goal of $150,000, the following are my recommendations for reduction in staffing levels: :. POSITION RESPONSIBILITIES COST 1. Secretary Assigned to road patrol clerical $39,000 } ; duties. r : !sr4 2. CSA Assigned to afternoon shift front desk/walk up window $39 000 a 3. Deputy Sheriff Uniform road patrol $72,000 Total Cost: $150,Oo0 ;r If the Commission chooses to reduce the contract by the above listed positions, there will be an associated cut in services. The secretary listed performs a variety of clerical duties which will be shifted to the other secretary and one of the day shift CSA's. The CSA currently handles walk-up reports and some minor calls via the phone. If the CSA is busy, the situation must be handled by calling a deputy in from his or her patrol zone. The one CSA listed represents the relief factor for the position at our walk-up window after 5:00 PM. There may be occasions after hours where the walk-up window may be closed. The CSA at the window also handles a large number of minor reports, allowing the Deputies to remain in their patrol zones. 1 r The Deputy Sheriff is the last position I would recommend the Commission cut. As you are aware, the citizens in our community constantly ask for greater presence by our Deputies. Cutting any Deputy Sheriff position will certainly make it more difficult to provide the level of service they request. If it becomes necessary, these are the cuts I recommend. I understand the fiscal restraints placed upon the City of Dania but hope that funding can be allocated to retain all existing Positions in the current contract. Please contact me if I can provide further information regarding this matter. Sin r , Chief Rick Fr Broward Sherif s Office Dania/Distric II RF:fl cc: Mayor Bill Hyde Vice-Mayor John Bertino Commissioner Bobbie Grace r-- Commissioner Albert Jones r` Commissioner Robert Mikes r .J T, f 1 d � ':<f• 3 ] I I f 1 3Kr{: I 1 r I, - 1[1 tl 1 4 n Y'T i l� 5 h f t These images were produced in the normal course of business by: The Microfilm Depot/Advanced Imaging Solutions 1213 South 30 Avenue, Hollywood, FL. 33020 Brow: (305) 927-4404 Dade: (305) 625-0509 4 a 1 -