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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
JUKE 27, 1995
INVOCATION by Robert F. Flatley, City Manager
PLEDGE OF ALLEGIANCE
ROLL CALL
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Present:
Mayor: Bill Hyde
Vice Mayor: John Bertino
Commissioners: Albert Jones
Bob Mikes
City Manager: Robert Flatley
City Attorney: Frank Adler
Acting City Clerk: Marie Jabalee
Absent:
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Commissioner: Bobbie Grace
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j A motion was made by Commissioner Jones, seconded by Vice Mayor Bertino to excuse
Commissioner Grace from this meeting.
The motion passed on the following roll call vote:
Commissioner Jones- yes Commissioner Mikes-yes
Vice Mayor Bertino-yes Mayor Hyde-yes
PRESENTATIONS
*Plaque for Library to honor Women's Club
Mayor Hyde presented a plaque honoring the Dania Women's Club for their involvement in
sponsoring the construction of the first library building in the City of Dania that officially
opened on October 21, 1935. A member from the Dania Women's Club accepted the plaque
and Paul DeMaio expressed his appreciation to the City Commission for acknowledging the
Women's Club for their contributions to the community. Mayor Hyde encouraged the
public to visit the new library located at the Graves Museum on Federal Highway.
REGULAR MEETING 1 JUNE 27, 1995
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"General Employee of the Month (deferred to the next meeting)
,Night Out Against Crime, August 1, 1995 (B.S.O.)
Chief Frey, BSO, explained that more civic associations will be participating in the "Night
Out Against Crime" that is coming up. The Commission generally agreed that BSO could
hold the event at the City Hall parking lot on August 1, 1995.
Government Finance Officer's Award
j City Manager Flatley advised that there are only 3/o of the cities in the United States that
receive the Government Finance Officer's Award and that this award will be the 6th one
received for Dania.
Marie Jabalee, Acting City Clerk/Finance Director,explained that the City has received this
award since 1988 and that the award tonight is for the 1993 fiscal year. She anticipated that
the City of Dania would also receive the award for the 1994 fiscal year.
PULLED FROM THE CONSENT AGENDA.
City Attorney Adler pulled items 1.5 and 1.6 because the bid for these contracts must be
awarded before the contract can be approved. City Manager Flatley pulled item 1.8 and
Commissioner Jones pulled item 1.9.
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I. CONSENT AGENDA
Minutes
1.1 Workshop meeting of May 16, 1995.
Resolutions
1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING AN
' EXPENDITURE FOR THE EMERGENCY REPLACEMENT OF THE ROOF
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LOCATED AT THE NORTHWEST CORNER OF THE CITY ADMINISTRATIVE
CENTER IN THE AMOUNT OF $11,750.00, PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT BETWEEN CITY OF DANIA AND T. MALL CONSTRUCTION
COMPANY RELATING TO THE CONSTRUCTION OF A CONFERENCE ROOM
AT THE CITY OF DANIA ADMINISTRATIVE CENTER; PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
REGULAR MEETING 2 JUNE 27, 2995
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1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, INCREASING ITS
GENERAL FUND BUDGET FOR THE FISCAL YEAR 1994-95, FROM $14,172,347 TO
$14,349,847 BY INCREASING THE APPROPRIATED AMOUNT OF PRIOR YEAR'S
SURPLUS AND DEBT PROCEEDS; AND BY MAKING LINE ITEM CHANGES
BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(Staff)
1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
CONTRACT BETWEEN BERRY & CALVIN, INC. AND THE CITY OF DANIA TO
PERFORM THE NECESSARY WORK TO COMPLETE AN EVALUATION AND
' APPRAISAL REPORT OF THE CITY OF DANIA COMPREHENSIVE PLAN;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN 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, 1.6, 1.8 and 1.9.
The motion passed on the following roll call vote:
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u'L Commissioner Bertino -yes Commissioner Jones-yes
Commissioner Mikes-yes Mayor Hyde-yes
ITEM 1.5 WAS HEARD AFTER ITEM 3.1
1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT BETWEEN THE CITY OF DANIA AND MURPHY
CONSTRUCTION CO., RELATING TO CONSTRUCTION OF A BOAT DOCK
FACILITY AT WHISKEY CREEK; AND PROVIDING FOR AN EFFECTIVE DATE."
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A motion was made by Commissioner Mikes, seconded by Commissioner Jones to adopt the
resolution approving the agreement with Murphy Construction.
The motion passed on the following roll call vote:
Commissioner Jones-yes Commissioner Mikes-yes
Vice Mayor Bertino -yes Mayor Hyde-yes
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING CHANGE
ORDER SUBMITTED BY MURPHY CONSTRUCTION CO., RELATING TO
CONSTRUCTION OF A BOAT DOCK FACILITY AT WHISKEY CREEK, TO
REGULAR MEETING 3 JUNE 27, 1995
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REDUCE THE ORIGINAL CONTRACT PRICE FROM $80,027 TO $57,500; AND
PROVIDING FOR AN EFFECTIVE DATE."
~ A motion was made by Commissioner Jones, seconded by Commissioner Mikes to adopt the
resolution approving the Change Order by Murphy Construction Co.
The motion passed on the following roll call vote:
Commissioner Jones -yes Commissioner Mikes -yes
Vice Mayor Bertino-yes Mayor Hyde-yes
ITEM 4.1 WAS HEARD AFTER ITEM 1.6
ITEM 1.8 WAS HEARD AFTER THE CONSENT AGENDA
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA AND
DANIA PIER MANAGEMENT INC., RELATING TO BAIT AND TACKLE SHOP
LOCATED ON THE DANIA FISHING PIER; PROVIDING THAT ALL
F` RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH
i CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
City Attorney Adler explained that this item relates to item 8.3 listed on the agenda under
a Discussion.
Mike Smith, Personnel Director, advised that Tom Zannucci, President of Dania Pier
Management Inc., has requested to amend the lease agreement with the City by splitting the
monthly water bills which range from $25.00 to $65.00 per month.
Vice Mayor Bertino suggested to also change the agreement to include splitting the cost on the
maintenance around the facility that the City covers to stay consistent with a 50/50 split.
Commissioner Jones asked whether anything has been established on the fee to charge Dania
residents who use the Dania Pier. Mr. Smith stated that discussions have taken place with
Dania Pier Management, Inc. and the recent idea was to have a punch card issued to Dania
residents on an annual basis which would entitle them to a discounted admission.
Mr. Smith explained that Mr. Zannucci constructed a prototype of the sun shade which was
reviewed by the Building Official and once the revisions are made to the prototype then the
production of the other four shelters can be completed.
A motion was made by Commissioner Mikes to adopt the Resolution. The motion failed for
lack of a second.
REGULAR MEETING 4 JUNE 27, 1995
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A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to deny the
Resolution to amend the lease with Dania Pier Management, Inc.
The motion passed on the following roll call vote:
Commissioner Jones-yes Commissioner Mikes- no
Vice Mayor Bertino-yes Mayor Hyde-yes
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
INTERLOCAL AGREEMENT AMONG UNINCORPORATED BROWARD
COUNTY, CITY OF COCONUT CREEK, CITY OF COOPER CITY, CITY OF
CORAL SPRINGS, CITY OF DANIA, ET AL., TO SHARE THE RESOURCE —.
BURDEN OF THE SYSTEM WIDE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT REQUIREMENTS AND TO ALLOW BROWARD
COUNTY TO MONITOR DISCHARGES TO SEPARATE STORM SEWER SYSTEMS
BY THE BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE
PROTECTION; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
Bud Palm, Utilities Director, explained that the County has been revising this Interlocal
Agreement as part of the Clean Water Act and that it appears that the cities are agreeable to
the current version in the backup. Mr. Palm explained that the City is one step ahead of the
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requirements in the agreement with the recent purchase of the Sewer Vac Truck and that a
decision will have to be made on either purchasing a street sweeping truck or leasing the
equipment. Further discussion followed on Mr. Palm's intention to work with the City411
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;! Manager in requesting the Department of Transportation to address the storm water runoff
problem from US 1 that is impacting the southeast section of the City.
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t tir'fi A motion was made by Commissioner Jones, seconded by Vice Mayor Bertino to adopt the
Resolution approving the Interlocal Agreement regarding NPDES permit requirements.
n. The motion passed on the following roll call vote:
Commissioner Jones- yes Commissioner Mikes -yes
Vice Mayor Bertino -yes Mayor Hyde-yes
2. PROCLAMATIONS - none
3. BIDS
Addendum
3.1 Award of bid for construction of Whiskey Creek Dock.
REGULAR MEETING b JUNE 27, 199b
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Dan Oyler, City Planner, explained that Murphy Construction was the only bid received in
January for the construction of the Whiskey Creek Dock in the amount of$80,027.00 and
that the grant from the FBIF was only $50,000. Mr. Oyler advised that after working with
Murphy Construction, permitting agencies and the City's consultant that the price was
lowered to $57,500 . He explained that Murphy Construction was able to reduce their costs
because they will be working on removing the pilings at the Pier next month and will have
the proper equipment available to build the Whiskey Creek Dock. The other considerations
that reduced the cost was that bonding requirements were waived and that the permitting was
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waived for the hand rail requirement on the pier.
t!, A motion was made by Commissioner Mikes, seconded by Vice Mayor Bertino to award the -
"' bid to Murphy Construction as recommended.
The motion passed on the following roll call vote:
Commissioner Jones-yes Commissioner Mikes-yes
Vice Mayor Bertino-yes Mayor Hyde-yes
ITEM 1.5 WAS HEARD AT THIS TIME
4. PUBLIC BEARINGS
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4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
SECTION 1, ARTICLE 2 OF PART IX AND SECTION 1, ARTICLE 3 OF PART XI OF
THE CITY CHARTER TO ELIMINATE THE REQUIREMENT OF REAL PROPERTY
OWNERSHIP TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE "AIRPORT
ADVISORY COMMITTEE" OR THE "CITY PLANNING AND ZONING BOARD";
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE."
City Attorney Adler explained that this ordinance was prepared because it didn't make sense
to require property ownership on these boards when this requirement is not imposed when
running for Commissioner.
Commissioner Jones expressed his opposition to the Ordinance based on his feelings that this ?`
will reduce the standards on certain boards that deal with property.
Mayor Hyde opened the public hearing.
Alex Buchsbaum expressed his approval of the ordinance based on his feelings that people
who are not property owners, like himself, should have the same rights as persons who do '.
own property and that a precedent has been set nationally on this issue.
REGULAR MEETING 6 JVNE 27, 1995
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Hearing no further comments, Mayor Hyde closed the public hearing.
A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to adopt the
Ordinance on second reading.
Commissioner Mikes mentioned that there are many residents in the City who do not own
their property who live in mobile home communities who take a very active participation and
interest in the City.
Commissioner Jones felt that since this requirement has been on the books for so many years
that the City should not change it and that he understood that there are many people like , -
.z Alex Buchsbaum who care about the City who are not property owners.
The motion passed on the following roll call vote:
Commissioner Jones - no Commissioner Mikes-yes
Vice Mayor Bertino -yes Mayor Hyde-yes
5. SITE PLANS - none
6. CITIZENS' COMMENTS - Comments by Dania citizens or interested parties that are not a part of
the regular agenda should be given in writing or communicated verbally prior to 4:00 p.m. the
(2nd) 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 Tony Stevens
Mr. Stevens came forward to express his dissatisfaction with the Commission's action to
resolve the drainage problem in the southeast section of the City. He explained that the
City spent over $18,000 in 1990 to conduct a drainage study by Berry& Calvin that
provided seven options to resolve the drainage problem but no money was ever allocated
for the project. Mr. Stevens mentioned that the City spends thousands of dollars on the
airport litigation to protect some 4,000 residents and that there are other portions of the
City that need assistance.
6.2 Alex Buchsbaum
Alex Buchsbaum mentioned that Mayor Hyde's action to get citizens together to meet with
BSO to communicate their concerns about police protection in the Ravenswood area was
very successful and that there are better ways to get things accomplished by encouraging
public participation and taking a leadership approach.
7. EXPENDITURE REQUESTS
REGULAR MEETING 7 JUNE 27, 1995
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7.1 Approval of invoice from Bailey Hunt Jones & Busto for the period ending May 31,
RD 1995, in the amount of$2,008.68 for airport related services.
A motion was made by Vice Mayor Bertino,seconded by Commissioner Mikes to approve
the expenditure for Bailey Hunt Jones & Busto.
The motion passed on the following roll call vote:
Commissioner Jones - no Commissioner Mikes-yes
Vice Mayor Bertino-yes Mayor Hyde-yes
;r S. DISCUSSION AND POSSIBLE ACTION
8.1 Counter-offer for Seafair.
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City Manager Flatley reminded the public that FAU made a proposal in November of last
year for a possible purchase of the Seafair property. The Commission approved his s
recommendation to present a counter proposal for half the amount that Aragon Group
receives for the FAU purchase of the leasehold interest which would equal 2.6 million dollars.
Mr. Flatley advised that on June 16 the Aragon Group presented another proposal that is
provided in the backup and that his recommendation is to present another counter proposal
j rr;ai for a flat 2 million dollars which is in line with the two appraisals conducted by FAU.
Mayor Hyde expressed his dissatisfaction with the recommendation and the length of time it
has taken on the Seafair property. He stated his desire to work with FAU as long as it is
fFY:' ' equitable to the City but his feelings that the City Manager should not be negotiating back
7; and forth with the Aragon Group any longer since they do not present themselves before the
public for scrutiny of their proposal.
Commissioner Mikes mentioned that every year since he has been on the Commission he has
been frustrated with the Seafair facility as Mr. Steven Snyder has not maintained the facility
or treated the City fairly. Commissioner Mikes recommended to look into the idea of hiring
a lawfirm to break the lease with Seafair based on bad management of the facility.
Commissioner Jones agreed that FAU is not the bully in this situation and that there may be a
need to take legal action against Seafair in an effort to pursue a better opportunity for the
City.
Vice Mayor Bertino didn't believe that the negotiations should be handled in a public forum
and that there is a better way to negotiate this deal possibly by involving Broward County to
attract new business into the County. Mayor Hyde stated his opposition to conducting
business like this in an executive session format as the City Commission is a public entity and
must conduct business in the open.
REGULAR MEETING 8 JUNE 27, 1995
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Karla Coleman, FAU, mentioned that it takes time to negotiate these types of projects and
that it also took time to obtain the appraisals on the property. She suggested the idea of hiring
a third party to sit down with both sides, not the University, in a non-binding setting to see if
there is an offer to be made that both sides can agree on. If there is no offer, then FAU is
under pressure by Tallahassee to pursue another location for their facility.
A motion was made by Commissioner Mikes, seconded by Commissioner Jones to accept the
recommendation from the City Manager to present the counter offer for a flat 2 million
dollars and to present a 30 day time frame on the negotiations.
Vice Mayor Bertino suggested the idea of bringing in an arbitrator or professional negotiator
to work on the project and mentioned that there are many other considerations that need to
be negotiated.
Commissioner Mikes withdrew his motion.
A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to request City
Attorney Adler to request Attorney Karl Adler to act as a disinterested party on behalf of this
Commission to negotiate directly with Seafair and to come back within 30 days.
The motion passed on the following roll call vote:
Commissioner Jones-yes Commissioner Mikes-yes
Vice Mayor Bertino-yes Mayor Hyde-yes
8.2 Request approval to send Letter of Intent to purchase a new 1996 Freightliner FL60
Chassis for rescue truck.
Jim Mulford, Battalion Chief, explained that it takes 7 months for delivery on the Freightliner
Chassis and that the Letter of Intent can include wording that the purchase is contingent upon
funding. Mr. Mulford advised that the Chassis should cost around $39,000 and that all of the
cities are putting together a CO-OPERATIVE bid to go with the Freightliner bid.
Mayor Hyde clarified that this is not binding and if the funds are not budgeted that the City is
" yg not under any obligation to purchase the Chassis.
A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to approve the
Letter of Intent to purchase a new 1996 Freightliner FL60 Chassis for rescue truck.
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The motion passed on the following roll call vote:
Commissioner Jones-yes Commissioner Mikes-yes
Vice Mayor Bertino-yes Mayor Hyde-yes
8.3 Discussion of amending lease with Dania Pier Management with regard to water bill.
REGULAR MEETING 9 JUNE 27. 1995
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Mike Smith, Personnel Director, advised that Tom Zannucci, President of Dania Pier
Management Inc, has requested to amend the lease agreement with the City by splitting the
monthly water bills which range from $25.00 to $65.00 per month.
Action was taken under item 1.8 to deny this request.
8.4 Reuter Recycling Plant purchase.
Marie Jabalee, Acting City Clerk/Finance Director, explained that Pembroke Pines has
officially notified Reuter Recycling, Inc. that they consider them in default of the agreement
because they have sold to Waste Management, Inc. Pembroke Pines is urging the other cities -a .
to notify Reuter of its default status based on the facility being a transfer station and Reuter
x not living up to the recycling arrangement in the agreement.
Emerson Allsworth, Waste Management, Inc., advised that Waste Management Inc. has signed
a contract to acquire the stock of Reuter Recycling of Florida, Inc. and the purchase of the
stock will mean that Waste Management, Inc. will in effect become Reuter Recycling, Inc. He j
J stated that it is his client's intention to honor all existing contracts and the City of Dania p
' contract will be undisturbed. Mr. Allsworth advised that Pembroke Pines is stating that the
four cities have a right of first refusal to buy the plant and that Reuter is in default because
they are not recycling. Mr. Allsworth requested the Commission to give them an
opportunity to work this situation out and to come back to the Commission with further
information since the stock purchase just took place.
The Commission agreed that the City does not want to get into the garbage business and that
they do not desire to send a letter to Reuter Recycling, Inc.
8.5 Establishment of a Charter Review Board Committee.
Mayor Hyde continued this item to the next meeting due to Commissioner Grace's absence.
8.6 Dania Airport Advisory Committee report.
Jay Field, Chairperson of the Dania Airport Advisory Committee, explained that the
Committee recommended to hire Robert Eisengrein who is a retired FAA attorney to
negotiate with the County in regard to the airport expansion litigation as a way to reduce legal
fees. Mr. Field also brought up concern by the Board that the City is compromising their
legal position when they are discussing legal strategies in public meetings as George Spofford is
requesting this information from the City after the meetings. Mr. Field recommended that
the Commission discuss legal strategies in executive sessions only.
Vice Mayor Bertino stated that it was his understanding that information from the closed
sessions was not to be released to the public until after the conclusion of the litigation.
REGULAR MEETING 10 JUNE 27. 1995
Mayor Hyde stated his feelings that negotiations should be out in the public and that he has a
problem with the $2,000 a month retainer requested by Mr. Eisengrein. Commissioner Jones
agreed that negotiations is a good way to go but did not agree to also continue to pay the
present attorneys.
Vice Mayor Bertino mentioned that negotiation may be the better way to deal with the
County opposed to fighting them in Court. He suggested to consider a small amount to be
allocated with a time frame attached to see what Mr. Eisengrein could do for the City.
Commissioner Mikes mentioned that Mr. Eisengrein's experience will be very valuable to the
City at this time and that his fee could probably be negotiated since he lives close by in
Pompano Beach. Commissioner Mikes stated that executive sessions protect the City and
residents from a legal disadvantage and suggested that there may be illegal polling of
Commissioners going on which is in violation of the Sunshine Law.
Vice Mayor Bertino suggested to have the City Manager meet with Mr. Eisengrein and discuss
his terms in order to have more information on whether it would be a good idea to hire him.
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A motion was made by Commissioner Jones, seconded by Vice Mayor Bertino to defer the
item until the City Manager can consult with Mr. Eisengrein and bring back a different
consulting agreement with the City.
I The motion passed on the following roll call vote:
Commissioner Jones-yes Commissioner Mikes-yes
Vice Mayor Bertino-yes Mayor Hyde-yes
8.7 Workshop scheduling.
Commissioner Mikes stressed the need to have more workshop meetings in order to conduct
city business based on the fact that the City Manager is leaving to go to Davie, the City Clerk
position has not been appointed yet and since the City Attorney is seriously ill.
Commissioner Mikes stated his feelings that the Commission needs to take a bigger part in
,- getting the work done and recommended to schedule workshops every other Tuesday.
Mayor Hyde stated that workshop meetings are scheduled every third Tuesday and have been
for years. He felt that the agendas seem to be very full which causes some items not to be
addressed and that agenda items for the workshop meeting should be set a week ahead with
no further additions.
8.8 Drainage in the southeast section of the City.
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Vice Mayor Bertino mentioned the terrible flooding recently in the southeast section and how
the Commission has been unable to solve the problem. He reminded the Commission of the
REGULAR MEETING 11
JUNE 27, 1995
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option of imposing a tax in the area like other cities have done to fund the drainage
improvements. Vice Mayor Bertino recommended to have the City Manager contact some
Engineers to get costs to conduct an engineering study and mentioned that the Sewer Vac
Truck has been helpful but something more is needed.
City Manager Flatley agreed that a study is needed and mentioned that $70,000 is being
proposed in the upcoming budget for the project. Commissioner Jones commented on how
information was received on a storm water utility fee from Pinellas County and that this item
should be placed on the next workshop meeting to see if it would be feasible. Commissioner
Jones stated that there are other areas of the city that need drainage attention besides the
southeast section.
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Commissioner Mikes mentioned that the City has spent money on the Sewer Vac Truck and
! b check valve improvements that probably came to over$200,000. He mentioned that the
drainage study conducted in 1990 needs to be reviewed and that there is a need to look at ways
to get more reservoir capacity to correct the drainage problem. Commissioner Mikes
mentioned recent property rights laws that benefit land owners by making them only
responsible for storm drainage on their own property and that another major problem for the
City is wellfields that don't have enough water.
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8.9 Discussion of process/procedures to hire or appoint replacement City Manager,
permanent or interim.
Commissioner Mikes mentioned the need to establish a procedure on addressing a
replacement for the City Manager and his concern that the City Clerk has not been appointed
yet and that the City Attorney is having serious illness problems.
City Manager Flatley explained that Davie will make a final decision on selecting him as
Town Administrator on July 5 and that they have suggested that he start his first day on July
24. Mr. Flatley stated that he will continue as City Manager through the Budget Workshop
Oil the 21st.
Mayor Hyde recommended to add an agenda item to appoint an Interim City Manager at the
next meeting following July 5. Discussion followed on the possibility of advertising for a
nationwide search for a City Manager and the idea of asking Wanda Mullikin, retired City
Clerk, to return to provide her expertise on the budget.
Commissioner Mikes suggested to have staff obtain copies of the resumes' of the candidates
that interviewed with the Town of Davie for the Commission to review.
City Manager Flatley recommended to allow Dick Black, ICMA, to make a presentation to
J the Commission since he has been utilized by other cities in assisting them in choosing a City
a Manager. City Manager Flatley stated that Mr. Black does not charge anything for his service.
REGULAR MEETING 12 JUNE 27, 1995 S.
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9. APPOINTMENTS
9.1 Appointment to Airport Advisory Board was continued to the next meeting.
9.2 Appointment of three members to the Dania Economic Development and Downtown
Redevelopment Board were continued to the next meeting.
9.3 Appointment of four members to the Human Relations Board were continued to the
next meeting.
9.4 Appointment of one member to the Marine Advisory Board was continued to the next
;. . meeting.
9.5 Appointment of one member to the Occupational License Review Committee was
continued to the next meeting.
9.6 Appointment of two members to the Parks & Recreation Advisory Board were
continued to the next meeting.
9.7 Appointment of one member to the Unsafe Structures Board was continued to the next
meeting.
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9.8 Appointment of one member to the Housing Authority.
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aJ n Mayor Hyde mentioned that since the City Attorney has confirmed that seven members are
legally acceptable on the Housing Authority, he appointed June Silvernale to replace Ann
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Winters who resigned.
;< A motion was made by Vice Mayor Bertino,seconded by Commissioner Jones to approve the
r' appointment of June Silvernale to the Housing Authority.
>� The motion passed on the following roll call vote:
Commissioner Jones-yes
Commissioner Mikes-voted no based on his feelings that there could be a potential conflict of
interest.
Vice Mayor Bertino -yes
Mayor Hyde-yes
Mayor Hyde advised that if there is a conflict of interest that June Silvernale will have to file
the conflict just like anyone else.
9.9 Appointment of 6 members to the Community Affairs Advisory Board were continued
to the next meeting.
REGULAR MEETIlVG 13 JUNE 27, 1995
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�a 10. ADMLVISTRATIVEREPORTS
City Manager
City Manager Flatley asked Will Allen to report on the status of emergency repair to the BSO
roof.
Will Allen, Growth Management Director, explained that there are some problems with the
BSO roof and that the repairs will probably exceed $15,000 and that a bidding process should
jbe followed.
A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to advertise
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for bids for emergency repair of the BSO roof.
The motion passed on the following roll call vote:
Commissioner Jones-yes Commissioner Mikes-yes
Vice Mayor Bertino-yes Mayor Hyde-yes
City Attorney -no comments
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11. COffi1 RWON COMMENTS
11.1 Commissioner Grace-ABSENT
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11.2 Commissioner Jones
Commissioner Jones mentioned the need for staff to make arrangements for mosquito
control to handle standing water areas in the City. Mayor Hyde mentioned that Broward
County Mosquito Control is very good about coming out and handling the problem once
f ' they are called.
Commissioner Jones stated the need for additional speed control on the waterways. Mayor
Hyde advised that the deputy who patrols has been on vacation the last two weeks and that
there is a $60,000 grant coming to the City from Broward County for a deputy to be
dedicated to Dania waterways.
Commissioner Jones thanked Mike Smith for his assistance in helping to obtain $150,000 in
funding from the Community Development Committee of Broward County for the 1st Street
Bridge.
Commissioner Jones expressed condolences to the Walden family and the Hadley family who
lost loved ones recently and wished David Peoples, city employee, a speedy recovery from his
recent surgery.
F
REGULAR MEETING 14 JUNE 27, 1995
J
Commissioner Jones commended Bud Palm and the Public Works employees on the
improvements that have been made to the public works complex recently.
11.3 Commissioner Mikes
Commissioner Mikes asked City Manager Flatley to be sure both lanes are opened going to
the beach for the upcoming 4th of July weekend due to increased traffic. He mentioned the
drainage and sidewalk problems that exist at the Publix Shopping Center on 5th Avenue and
the need to meet with DOT, Transflorida and city representatives to work out a solution.
Commissioner Mikes mentioned the need to have an office that is functional for the City
Commission and asked City Manager Flatley to update him on the beach grant. City
r Manager Flatley advised that the city will probably get 80% of the funds from the State on the
purchase of the two lots at the beach and that the City is going before the Hollyw
P ood City
a'
Commission on July 5 to get their conceptional letter of support. Mr. Flatley stated that
_ Attorney Karl Adler is doing the title and abstract work and that the survey has been
completed and that the appraisal is expected shortly. Mr. Flatley stated that the item then
goes before the Preservation 2000 Board. He advised the Commission that Nova University
provided four schematic concept designs for development of the two lots at no cost to the
City.
11.4 Vice-Mayor Bertino
Vice Mayor Bertino asked Bud Palm to explain the sewer connection charges that are being
imposed on the citizens. Mr. Palm explained that it is not sewer lines but water lines that are
being replaced since the old lines are leaking. The lines have to be laid down in front of the
homes and there is no cost for citizens to connect into the system. Mr. Palm encouraged the
public to let his department know whether their sewer cleanouts are broken in their yards to
help cut down on drainage problems.
f .
F : 11.5 Mayor Hyde
Mayor Hyde stated that he dislikes workshops because the agendas are very long and nothing
seems to get accomplished. He recommended that the administrative items be handled by the
City Manager and not the Commission.
This meeting was adjourned.
MAYO MMISWONER
✓CITY CLElik-AUDITOR p.
n
REGULAR MEETING 15 .NNE 27, 1995
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AGENDA
DANIA CITY COM USSION
REGULAR MEETING
JUKE 27, 1995
7:30 P.M.
1p
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND
FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS
V REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY
PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 0I-93. REGISTRATION FORMS ARE AVAILABLE IN THE -
``- CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
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#` INVOCATION
PLEDGE OF ALLEGIANCE {
i
ROLL CALL
PRESENTATIONS General Employee of the Month
L�> " Plaque for Library to honor Women's Club (Mayor Hyde)
Night Out Against Crime, August 1, 1995 (B.S.O.)
Government Finance Officer's Award
x' 1. CONSENT AGENDA
;r Minutes
1.1 Workshop meeting of May 16, 1995.
Resolutions
*` 1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING AN EXPENDITURE
FOR THE EMERGENCY REPLACEMENT OF THE ROOF LOCATED AT THE NORTHWEST
+� CORNER OF THE CITY ADMINISTRATIVE CENTER IN THE AMOUNT OF $11,750.00,
PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT
BETWEEN CITY OF DANIA AND T. MALL CONSTRUCTION COMPANY RELATING TO THE
CONSTRUCTION OF A CONFERENCE ROOM AT THE CITY OF DANIA ADMINISTRATIVE
CENTER; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(Staff)
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, INCREASING ITS GENERAL FUND
BUDGET FOR THE FISCAL YEAR 1994-95, FROM $14,172,347 TO $14,349,847 BY
INCREASING THE APPROPRIATED AMOUNT OF PRIOR YEAR'S SURPLUS AND DEBT
PROCEEDS; AND BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE." (Staff)
1
t
CONSENT AGENDA(continued)
1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT
BETWEEN THE CITY OF DANIA AND MURPHY CONSTRUCTION CO., RELATING TO
CONSTRUCTION OF A BOAT DOCK FACILITY AT WHISKEY CREEK; AND PROVIDING
FOR AN EFFECTIVE DATE." (Staff)
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING CHANGE ORDER
SUBMITTED BY MURPHY CONSTRUCTION CO., RELATING TO CONSTRUCTION OF A
BOAT DOCK FACILITY AT WHISKEY CREEK, TO REDUCE THE ORIGINAL CONTRACT
PRICE FROM $80,027 TO $57,500; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONTRACT
4 BETWEEN BERRY & CALVIN, INC. AND THE CITY OF DANIA TO PERFORM THE
NECESSARY WORK TO COMPLETE AN EVALUATION AND APPRAISAL REPORT OF THE
CITY OF DANIA COMPREHENSIVE PLAN; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AMENDMENT TO
LEASE AGREEMENT BETWEEN THE CITY OF DANIA AND DANIA PIER MANAGEMENT
INC., RELATING TO BAIT AND TACKLE SHOP LOCATED ON THE DANIA FISHING PIER;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL
AGREEMENT AMONG UNINCORPORATED BROWARD COUNTY, CITY OF COCONUT
CREEK, CITY OF COOPER CITY, CITY OF CORAL SPRINGS, CITY OF DANIA, ET AL., TO
r
SHARE THE RESOURCE BURDEN OF THE SYSTEM WIDE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS AND TO ALLOW
BROWARD COUNTY TO MONITOR DISCHARGES TO SEPARATE STORM SEWER
SYSTEMS BY THE BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE
PROTECTION; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE." (Staff)
2. PROCLAMATIONS
3. BEDS
4. PUBLIC ITEARINGS
4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 1, ARTICLE 2
OF PART IX AND SECTION 1, ARTICLE 3 OF PART XI OF THE CITY CHARTER TO
ELIMINATE THE REQUIREMENT OF REAL PROPERTY OWNERSHIP TO BE ELIGIBLE TO
SERVE AS A MEMBER OF THE "AIRPORT ADVISORY COMMITTEE" OR THE "CITY
PLANNING AND ZONING BOARD"; PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE." (Staff)(Second Ordinance Reading)
2 K;
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5. SITE PLr-
s• CITIZENS' COMMENTS - Comments by Dania citizens or interested parties that are not a part of
the regular agenda should be given in writing or communicated verbally prior to 4:00 p.m. the (2nd)
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 Tony Stevens
6.2 Alex Buchsbaum
7. EXPENDITURE REQUESTS
7.1 Approval of invoice from Bailey Hunt Jones & Busto for the period ending May 31,
1995, in the amount of$2,008.68 for airport related services. (staff)
S' DISCUSSION AND POSSIBLE ACTION
} 8.1 Counter-offer for Seafair. (staff)
8.2 Request approval to send Letter of Intent to purchase a new 1996 Freightliner FL60
Chassis for rescue truck. (staff)
8.3 Discussion of amending lease with Dania Pier Management with regard to water bill.
(Staff)
8.4 Reuter Recycling Plant purchase. (staff)
8.5 Establishment of a Charter Review Board Committee. (Mayor Hyde)
8.6 Dania Airport Advisory Committee report. (Jay Field)
8.7 Workshop scheduling. (Comm.Mikes)
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9. APPOINTMENTS
9.1 Appointment of one member to the Airport Advisory Board.
9.2 Appointment of three members to the Dania Economic Development and Downtown
" Redevelopment Board.
9.3 Appointment of four members to Human Relations Board.
9A Appointment of one member to the Marine Advisory Board.
9.5 Appointment of one member to the Occupational License Review Committee
1 9.6 Appointment of two members to the Parks & Recreation Advisory Board.
9.7 Appointment of one member to the Unsafe Structures Board.
9.8 Appointment of one member to the Housing Authority.
9.9 Appointment of 6 members to the Community Affairs Advisory Board.
10. ADMIMSTRATIVE REPORTS
City Manager
City Attorney
11. COMMISSION COMMENTS
11.1 Commissioner Grace
11.2 Commissioner Jones
11.3 Commissioner Mikes
11.4 Vice-Mayor Bertino
11.5 Mayor Hyde
3
AGENDA
\ ADDENDUM
`\ DANIA cZTY COMMSSi N
:\ JUNE 27 lags
\\ 7a0P P.M.
3.
BIDS
3.1 Award y bid for construction a Whiskey Creek vc .m \ \
E Discussion (continued)
}
aB Drainage m Southeast Dania. ce-Mayorsi
a Discussion of pro_Arock_abkerappoimreplacement G¥
} Manager, permanent «interim. (Comm.Mikes)
. �
. . \
NATIONAL SHERIFFS' ASSOCIATION
I1450 DUKE STREET ALEXANDRIA, VIRGINIA 22314 703-836.7827
CHARLES "BUD" MEEKS
EXECUTIVE DIRECTOR
3 February 16, 1995
sy
:r• 6rt ..g._
Sheriff Ron Cochran
Broward County Sheriffs Office
P. O. Box 9507
Ft. Lauderdale, Florida 33310-9507
Re: Deputy Sheriff of the Year Award
Deputy Richard Tarrant and Deputy Ivan Pato
Dear Sheriff Cochran:
The committee appointed to judge the competition for the Deputy Sheriff of the Year
Award for 1995 has completed its review of all nominations and has selected Lt. Lloyd Prescott
(Salt Lake County, Utah) as the recipient of this most prestigious award.
{ This year, a record number of 67 nominations were received from sheriffs' offices across
k the United States, and Deputy Tarrant and Deputy Pato from the Broward County Sheriffs ;
t Office, was included in the final field of those candidates nominated for this award.
We thank you for submitting a nomination this year. Even though Deputy Tarrant nor
t, Deputy Ivan Pain were not selected as the"Deputy Sheriff of the Year," we feel that their
bravery, as well as their valuable contributions to their community and to the field of criminal
justice and law enforcement should not go unrecognized. Accordingly, Deputy Tarrant and
Deputy Pato have been awarded the prestigious National Sheriffs' Association Medal of Merit.
The medals as well as accompanying certificates will be sent to you in several weeks for
presentation to Deputy Tarrant and Deputy Pato. We certainly hope that you will express our
respect and admiration to both of these outstanding deputies.
1;.
1'
Serving the Nation's sheriffs since 1940
Sheriff Ron Cochran
Broward County Sheriffs Office
Page 2
Needless to say, if we can be of any additional assistance, please do not hesitate to call
upon us.
Most sincerely,
�4 V,
f!' Charles B. Meeks
� Executive Director
Copy to: Deputy Richard Tarrant
Broward County Sheriffs Office
Fr
Deputy Ivan Pato
Broward County Sheriffs Office
Mr. Buddy Phillips, Executive Director
Florida Sheriffs' Association
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CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT
•
To: Robert Flatley
City Manager
} From: Will Allen f �
Growth Management l u
RE: RESOLUTION APPROVING CONTRACT BETWEEN THE CITY OF
DANIA AND WHITE SEAL, INC.
Date: June 22, 1995
An item on the consent agenda deals with the ratification of the resolution for the
emergency repair of the roof at the northwest corner of the Dania Administrative Center.
This emergency expenditure was approved by the Commission at their June 13, 1995
regular meeting, and all that remains is for the resolution to be ratified.
Quotes were solicited from 7 roofing contractors, (see attached bid sheet) and the
r selection was based on lowest price and which of the contractors could perform the
work the most expeditiously.
�h The contractor chosen in this case was White Seal, Inc. who was the lowest of the 7
zT
quotes, and has agreed to start the work by Wednesday, June 21, (weather permitting).
Since weather has not permitted, he has confirmed that the job will begin on Monday,
June 26. A building permit has been obtained.
attachments -�
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CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT
To: Robert Flatley
City Manager
From: Will Allen
Growth Management W lAIXaT
RE: RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
DANIA AND T. MALL CONSTRUCTION COMPANY.
i Date: June 22, 1995
An item on the consent agenda deals with the approval of an agreement for the
construction of a conference room at the Dania Administrative Center. The a
e Commission at their June 13, 1995 regular meeting approved the selection of the h
Company to contractor T. Mall Construction
P Y Perform the construction.
i The attached agreement drawn up between the City of Dania and T. Mall Construction
r ` references the necessary items as stipulated in the project manual prepared by Jeff
c,t Gross and Associates on April 3, 1995.
attachments
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CITY OF DANIA
INTEROFFICE MEMORANDUM
•
TO: ROBERT FLATLEY, CITY MANAGER
FROM: MARIE JABALEE, FINANCE DIRECTORIP/
RE: BUDGET AMENDMENT
DATE: JUNE 22, 1995
tion amending the 94/95 General Fund budget on the
Please place the attached resolu
June 27 Commission agenda.
This resolution proposes to increase the General Fund budget by $177,500. The funding
source will be $117,000 from debt proceeds to cover airport related expenses and
$60,500 from prior year surplus for the following items.
t:
y.
3:; 1. 10 000 as matching Hazard Mitigation Grant for hurricane shutters. This item was
: approved at the June 13, 1995 meeting. The grant match was included in the
93/94 budget, but lapsed into surplus because the project was not begun prior to
( September 30, 1994.
2. $24,750 settlement to M. Harris approved April 25, 1995 plus legal fees in the
amount of $18.250.
3. $7,500 for Whiskey Creek Dock. Grant award was $50,000, bid is $57,500.
r.
A line item change will be made in the amount of $20,000 to repair the roof as `
d to do various electrical, phone and computer line
authorized on June 13, 1995 an
hookups in connection with the Growth Management move and other office space
relocations.
3�'
�t Y' OF DANIA
100 W. DANIA BEACH BLVD. Phone:
P.O. BOX 1708 Fax: (305) 921-2604
DANIA, FL 33004
•
CITY OF DANIA
INTER-OFFICE MEMORANDUM •
,i
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r To: Robert Flatley, City Manager
1 ,
From: Dan Oyler, Special Projects Coordinator L
Date: June 22, 1995
1. Re: Award of Bid, Award of Contract and Change Order for Whiskey
E
Creek Dock Construction
i
Bids were received and opened on January 17, 1995 for the above
amounin e
reference project.
t of$80 027.00.One bid
(City Commission elect d to postpone heron b d award
until a later date.
Since that time we have submitted permit modifications that will reduce
the cost of construction and have asked Murphy Construction to provide us with
a new proposal for the work. Attached you will find a new proposal in the
amount of $57,500.00. This price is based upon no bonding requirements, the
work to coincide with the debris removal at the Dania pier and the wire buoy
system intended to replace the hand railings be installed by the city.
Murphy Construction is scheduled to start debris removal the first part of
July and finish up at the end of July. They will then begin the construction of the
boat dock facility. No construction shall begin until the permit modifications have
been received and a notice to proceed is issued by the city.
The final agreements from the F.B.I.F. have not been received and will not
be received within the construction time frame. I have requested and have
received assurances that we may start construction and request a retro active
agreement from the state after construction is completed.
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i
Therefore I request the following be placed on the City Commission
agenda of June 27, 1995 the following Items:
s
1. Motion to award of bid to Murphy Construction
2. A resolution awarding the contract to Murphy Construction in the amount
of$80,027.00.
3. A resolution for a deduct change order reducing the contract amount by
$22,527.00 to $57,500.00.
By copy of this memorandum I am requesting the city attorney to prepare
ti the necessity resolutions.
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PROPOSAL - CONTRACT i� 4
�K
1815 CLARE AVENUE POST OFFICE BOX 3700
WEST PALM BEACH,FLORIDA WEST PALM BEACH,FLORIDA
33401 33402
PHONE(407)5555034 FAX(407)a00•JA7!
Itc/1h
paoro■w ■D■Nrrt■D 30 ySM DA17
City of Dania 305/661-3655 5-31-95
C/O Kevin McCabe roil agshu-u14
Coastal Systems International, Inc,
■:r■rr Jo■ I1A.s + .
404 South Dixie Highway Dock
„F CITY, ■TA I AND ITr Cope Jail LOCATION
Coral Gables, FL 33146 Dania - whiskey Creek
Mcniaor/■MaiWsr■ DIUNr■o MO./■AWN nos pp MUM
COagtal Systems International, Inc. #24050 5-31-95
I .
We hereby propose to furnish labor, equipment and materials as necessary
to construct a dock per the attached plan.
Notest
1 1. All permits and permit lees by others.
2. Bond not included in price.
3. wire buoy system not included in price.
4. work to coincide with debris removal.
Complete, as described above, for the total lump gum of:
- - - FIFTY SEVEN THOUSAND FIVE HUNDRED AND 00/100 della
$ 57.500.00),
THE C 8TR ¢TION CO. Accepted byt
By: Coastal SyM16ems Internet{�I+al Tar
■ "�""' (P
irm Name)
John 8. Murghy, president pi,t
Notes was prapaesi say be
ritedrarn by go is net as ortad Titlet
Wiehin - ID _ days.
Date:
ACCEPTANCE OF PROPOSAL_Tha abova prices and condition. era ntistaote rY or
both
side. .cord, ., fec era acthctl..
to do the cork a specified. The shore quotation L nhject to all Una and aooditione of botb ads. hone[. e,J Lwmce • e-ntrac
rh-n acceptance is signed by an aahhotis.d agent of each panr. payaent Will be sad. as actllnad in the Term and Contract an the reverse aide of this proposal. CondilSone t
1y
tt•sy. 6.
3
Aleao othorvilao indicatod in vritinq, thin quotation c:nixoo thix-ty days fz= Cato 04 quotas
..f not eccapted in writing before that ti.:o. At tho D❑lc option of M =Ipnr coua:StaC:Zp!a
c0. (h0ralaaft4r Mcc) , thin quotation .-..y bo o-tondod for additional periods of ti:..o.
It is axprensly agreed that thara are no promia■s, agreements, or understandings Sot met out
in thin contract. Any subsequent cancellations, or modificationa, must be zntually agreed
upon in writing.
L• Payment to be made an follows, No disoountmL no retaation allowed. Net 39 days after
invoice date. unless a lumpsum price in to paid far tha foregoing work cad is clearly ■o
stated it In understood and agreed that the quantities referred to ahmrs are sstlmataa only
and that payment shall be made at the stated unit price for the actual quantities of
material■ utilized and work performed by MCC as determined upon completion of work.
L• changes in labor classification or assignment of work by anyone other than MCC Will
establish a basis for renegotiation of prices set forth in this contrast. At the sole
Option of MCC this contract may be cancelled in the event that said changes or assignment
occur or in the event that Said renegotiation is doomed unsatisfactory by MCC.
L• All material is guaranteed to be an specified. All work to be oompLtad in a workmanlike
manner according to standard practices. Any alteration or deviation from specifications
involving extra costs will he executed only upon written orders, and will became an extra
charge over and above the estimate. All a sements contingent gr g upon ex non, accidents or
delays beyond our centres. Unlosa otherwise agreed, any additional ex non not
U vJe, bd by this quotation which is laeurrod by 14ee as a result o[ rarlesaiag work undsa fi conditions of or caused by adverse weather, will be borne by Customer. If for causes beyond
Mega control, its work is not completed within twelve months alter the date of aocsptanre
of this proposal, MCC may cancel this agraassnt at nay time thereafter on ton days written
notice.
). In the event of a misunderstanding or Conflict between the torms and conditions stated in
the plans and specification, this contract shall govern.
r �• MCC shall be provided with suitable access to the work area. If MCC's work is dopandont
upon or must as undertaken in conjunction with the work of others, such Work shall be
performed and completed so as to yyermit MCC to partorm its work hereunder in an
uninterrupted single shift opor&tiea.
1. Unless A time for the performance of MCC•s work is specified, MCC shall undertake its work
in the course of its normal operating schedule. MCC shall not be liable for any failure to
undertake or aozplote work due to causes beyond its control including but not limited to
fire, flood or other casualty, labor disputes, accidents cad Acts of God, Whether directly
or indirectly affecting this work or other operations is Which MCC is involved. Omer to
poMkmafixop t
tornado and pother necessary insuranea. Our workars are fully covered by
I. MCC shall not be responsible for, and customer agrees to bold MCC harmless for asp liability
resulting from damage to utilities, and/or damage to or detarioration of any of )ice's work,
resulting from causes beyond MCC•■ control, including but not limited tO miaialormation
supplied by Customer or its agents, failure of subgrids, and failure or inadequacy of any
labor or materials not furnished and installed by MCC. customer further &gross to pay any
legal fees incurred by MCC in defending against such liability.
L0. Balance overdue Will be subject to a service charge of 1.3% (annual percentage rate let) as
unpaid average monthly balance.
,?a Ll. Acceptance of this proposal includes agreement by the CUrtomor to pay all costs of _J
collection, in the avant of non-payment when duo for any materials, labor or other goods and
services furnished by MCC including interest tboraou and a roasoaable attorosy•■ fan,
Whether suit be brought or not.
L2. This quotation and agreement shall be governed by the laws of the state of Tlorida without
regard to principles of conflicts of laws, venue of all proceedings shall be in Palm zoaah
county, llorida cad customer vaives whatever rights it may have in the selection of venue
and hereby aoasants to jurisdiction.
L3. The Guarantor(s) , jointly and severally, guarantee customar•e prompt paymant .of all
obligations under tEhhSio agreement. MCC shall not be required to take llagal action against
customer or give notion o Guarantor before MCC has the right to demaad payment by the
Guarantor(A) upon default of customer. The auarantor(p), liability to MCC shall not be
Waived, d acharged or impaired by assignment by customer, forbearance by MCC are release or
bankruptcy of Customer.
=IT1
This quotation 'is subject to approval of the Credit Department as a condition to contract
acceptance.
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CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT
•
To: Robert Flatley
City Manager
From: Will Allen ''l
` Growth Management
RE: CONTRACT FOR EVALUATION AND APPRAISAL REPORT FOR CITY
OF DANIA COMPREHENSIVE PLAN
Date: June 21, 1995
Attached is a proposed contract to perform work necessary to complete an Evaluation
and Appraisal Report of the City of Dania Comprehensive Plan. This project is to
evaluate the comprehensive plan at this point in time in relation to when it was adopted
f Xy in 1989. It is the first step toward updating the plan which must be done next fiscal
year.
=r: This report is funded through a grant from the Department of Community Affairs. The
amount of the rant is $20,244. It is recommended that the contract be approved pproved with
Berry and Calvin, Inc. to accomplish this task. This firm in conjunction with Leigh
Robinson Kerr and Associates, Inc. prepared the 1989 plan. The contract is to
complete the scope of services for the Evaluation and Appraisal Report on an hourly
basis not to exceed $20,224. Leigh Kerr's rate is included in the rate schedule.
The task of preparing this document entails reviewing the data and analysis reviewed in
1989 and updating it to today. Therefore, the people who prepared the document in the
r 1980's are the logical people to do the update. City staff can assist in the preparation
of the report but there is not adequate staff to spend the time necessary to complete it.
The scope of the services is per the contract with DCA. Part of the report is due by
August 15, 1995. The City of Dania will then proceed to update the plan within the next
fiscal year.
Attachments
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CITY OF DANIA
INTEROFFICE MEMORANDUM
•
Date June 22, 1995
`} To: Robert F. Flatley, City Manager
From: Michael W. Smith, Personnel Director
SUBJECT: PIER BAIT SHOP LEASE AMENDMENT
The operators of the Pier bait shop have requested that their lease be amended with reference to water
bills. The bills currently are running $50 -$65 per month. The water is provided for the use of pier
patrons at the bait cutting tables and for cleaning of the Pier. The operators propose a 50/50 split on
this expense which is consistent with the arrangement we have with them for revenues.
I recommend this change which would cost less than $400 a year.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
DANIA AND DANIA PIER MANAGEMENT INC., RELATING TO
BAIT AND TACKLE SHOP LOCATED ON THE DANIA FISHING
PIER; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE AND THE SAME
ARE HEREBY REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That that certain Amendment to Lease Agreement for Fishing Pier
Bait and Tackle Shop by and between the City of Dania, a Florida municipal
corporation, and Dania Pier Management, Inc., a copy of which Amendment is attached
hereto as Exhibit "A", be and the same is hereby approved and the appropriate city
officials are hereby authorized to execute same.
Section 2. That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
I
PASSED and ADOPTED on this day of , 1995.
f.
.riYy.
Mayor- Commissioner
ATTEST.
Acting City Clerk -Auditor
APPROVED AS TO FORM & CORRECTNESS
By:
Frank C. Adler, City Attorney
Resolution No.
"au
F��Ye
AMENDMENT TO LEASE AGREEMENT
By this agreement, that certain Lease Agreement for Fishing Pier Bait and Tackle Shop dated
February 9, 1995, by and between the City of Dania, a Florida Municipal corporation, (hereinafter referred to
as the "Landlord"), and DANIA PIER MANAGEMENT CORP., a Florida Corporation,formerly known as PIER
MANAGEMENT, INC., (hereinafter referred to as the "Tenant"), a copy of which Is attached hereto and
made a part hereof as Exhibit"A", is hereby amended to read as follows:
"X.
UTILITIES
` !. The Tenant agrees to furnish, at his own expense, his own heat and air conditioning
(if desired) and to pay for all gas, electricity, sewer service and other utilities used or
.g consumed in or upon the demised premises during the term hereof,as and when the charges
for same shall become due and payable. However, payment for the use and consumption of
water In or upon the demised premises during the tens hereof, shall be equally divided
between Tenant and Landlord, with said payment to be made as and when the charges for
?3 same shall become due and payable."
s, Except as herein amended. all other provisions of said Lease Agreement shall remain in full force
and effect
Witness our hands and seals this day of June, 1995.
CITY OF DANIA,a Florida municipal
t. ;. Corporation, Landlord
" ATTEST:
By.
v�
Mayor-Commissioner
a Acting City Clerk-Auditor
By.
Robert F. Flatley, City Manager
DANIA PIER MANAGEMENT CORP.,a
Florida corporation, formerly known as
PIER MANAGEMENT, INC.,Tenant
By.
Thomas Zannucci,President
By:
Donald V. Streeter,Vice President
APPROVED AS TO FORM AND CORRECTNESS
By:
Frank C.Adler, City Attorney
i=XHIBIT "A"
I FA4F AGREEMENT °no ESHI Q PIER BAIT AND TACKLE SHOP
THIS LEASE AGREEMENT made and entered into this /S day of-
1995, by and between
CITY OF DANIA, a Florida municipal corporation (hereinafter referred to as the
ti
'Landlord's,
as and
PIER MANAGEMENT, INC., a Florida Corporation, (hereinafter referred to as
the"Tenant).
a WITNESSETH:
WHEREAS, for the purposes and intents of this Lease Agreement the parties
y'
hereto agree that abbreviated, shortened or informal names, words, phrases or
references may be sometimes used herein for the purposes of reducing the length of
this Lease Agreement and making its meaning clearer, and
nxw.
WHEREAS, the parties hereto further agree that such names, words, phrases or
L
references shall have, unless the context obviously requires otherwise, the following
meanings and definitions, to-wit:
'fishing pier": "fishing pier", as used herein, shall mean and refer to the
wooden and concrete pier structure which is owned by the Landlord at
Dania Beach, Dania, Broward County, Florida. extending from
approximately the mean high-water mark of the Atlantic Ocean, at the
westem extremity, in an easterly direction into the Atlantic Ocean for
Ff
EXHIBIT "All
1"wL,L3
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1:
T
approximately 922.3 feet and being constructed on approximately and in
part on the lands described as Lot 34, Block 207, Holly"vocd Central Beach,
according to the plat thereof recorded in Plat Book 4, Page 20, Public
Records of Broward County, Florida, as shown on sketch thereof attached
hereto as Exhibit"A'.
"fishing pier complex": "fishing pier complex", as used herein, shall mean and
refer collectively to the fishing pier and the restaurant pad.
4 "decking planks": "decking planks", as used herein, shall mean and refer to
' the pressure treated wooden planks which form the top of the fishing pier
t and which are more specifically defined as the wooden planks on which the
public walks when using the fishing pier.
"City Manager : "City Manager", as used herein shall mean and refer to the
City Manager, City of Dania, Florida.
"Lease Agreement": "Lease Agreement", as used herein, shall mean and refer
} to the within Lease Agreement; and
WHEREAS, the Landlord owns the fishing pier complex which is a recreational
facility that the Landlord owns in a proprietary capacity; and
WHEREAS, Article 4., Part XII., of the Charter of the City of Dania, a Florida
municipal corporation, authorizes the Landlord to lease its property; and
WHEREAS, the Landlord desires to lease space on the fishing pier complex to
the Tenant under the terms and conditions stated herein; and
WHEREAS, the Tenant is willing to lease the said space on the fishing pier
complex from the Landlord under the said terms and conditions.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS as follows:
2
`Y
I.
AGREEMENT TO RENT
That for and in consideration of the rent herein reserved to be paid by the
Tenant, and in consideration of the covenants herein to be kept and performed by the
Tenant, the Landlord does hereby lease unto the Tenant and the Tenant does hereby
take from the Landlord, the fishing pier complex, TO HAVE AND TO HOLD the same
for a term of twelve (12) months, commencing the day of 1995
1996, under the terms and conditions
and ending the day of
stated herein.
If.
RENT
The Tenant covenants and agrees to pay to the Landlord as basic rental for the
demised property (and for the aforesaid term of twelve (12) months), the total sum of
Twelve Thousand and no/100 Dollars ($12,000.00) plus Florida sales tax thereon,
r, payable in twelve (12) equal monthly installments of One Thousand and no/100 dollars
i
($1,000.00) each, in advance, plus Florida sales tax, with the first of said installments to
i be due on the 1st day of 1995, and with the remaining installments to be due
on the 1st day of each and every month in advance, thereafter, up to and including the
1st day of 1996. Said monthly rental payments shall be due and payable as
aforesaid without demand at the City Hall, Dania, Florida. The Tenant in addition to the
admission fees collected from the public for use of the pier complex as additional rental
with said additional rental to be paid by Tenant to Landlord on the fifteenth (15th) day
3
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f.
of each month following the end of each month in which such receipts were collected by
Tenant Sales tax to be included in admission fees.
In the event the fishing pier complex is determined by proper authorities to be
unsafe for public use, rental payments as hereinabove provided to be paid shall abate
and cease until said complex is determined to be safe for the public's use.
III.
t SECURITY DEPOSIT
(a) The Tenant, concurrently with the execution of this Lease Agreement, has
deposited with the Landlord the sum of One Thousand and no/100 Dollars ($1,000.00),
the receipt of which is hereby acknowledged by the Landlord, which sum shall be
retained by the Landlord, in an interest bearing account, as security for the payment by
the Tenant of the rents herein agreed to be paid by the Tenant and for the faithful
F` performance by the Tenant of the terms and covenants of this Lease Agreement It is
agreed that Landlord, at Landlord's option, may at any time apply said sum towards
the performance of each and every of Tenant's covenants under this Lease Agreement
but such covenants and Tenant's liability under this Lease Agreement shall be
discharged only pro tanto. The Tenant shall remain liable for any amounts that such
f sum shall be insufficient to pay. The Landlord may exhaust any or all rights and
remedies against the Tenant before resorting to said sum, but nothing herein contained
shall require or be deemed to require the Landlord so to do.
(b) At the end of the term of this Lease, the security deposit, together with the
accrued interest thereon, shall be returned by the Landlord to the Tenant if it has not
4
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been necessary (as of said date) to use any part of the security deposit for any of the
purposes set forth in paragraph (a) of the within article. That is, if the Tenant is not in
default in the performance of any of his covenants and undertakings at the time that the
refund of the security deposit is due, the parties agree that the security deposit of One
Thousand and no/100 Dollars ($1,000.00) plus the accrued interest thereon, shall be
refunded by the Landlord to the Tenant (or to the Tenant's assignee if the Lease
V Agreement is properly assigned during its term).
IV.
ASSIGNMENT
Tenant shall not assign or sublet the demised premises, or any portion thereof,
without the prior written consent of the Landlord, which consent shall not be
unreasonably withheld. In the event of such assignment, the assignee shall expressly
(`. consent in writing to the terms of this Lease Agreement and shall assume all of the
obligations of the original Tenant
V.
USE OF PREMISES
(a) The Tenant shall operate the bait and tackle shop located in the pier
building twenty-four (24) hours per day, seven (T) days per week, during each and
every week of the term of this Lease Agreement. The Tenant shall sell all usual and
ordinary types of bait used for sports fishing and shall further maintain a complete
inventory of all customary types of fishing tackle, fishing equipment, fishing supplies,
and related types of merchandise.
5
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(b) The Tenant shall also operate the fishing pier for the benefit of the public
generally and the fishing pier shall be open twenty-four (24) hours per day, seven (7)
days per week, during the term of this Lease Agreement However, during periods of
hurricane or storms, the City Manager shall have authority to approve the closing of the
fishing pier until such time as the hurricane or storms abate.
(c) Tenant shall have the right to operate a snack bar facility offering food,
y , beverages and other snacks commonly associated with such operation.
)R
w (d) In addition to the foregoing, Tenant shall properly maintain, repair and keep
in good operating condition all fixtures and equipment owned by Landlord and located
in and about the within leased premises. All costs of repair, maintenance, and
}. replacement of such fixtures and equipment, shall be done at the sole expense of
Tenant and shall be accomplished within a reasonable time after the need for the
r.
,5
repairs and/or maintenance becomes apparent. All fixtures installed by Tenant in or on
+1 the demised premises shall immediately become property of Landlord without any
compensation of any kind due Tenant
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VI.
K
T.
RIGHT TO CHARGE ADMISSIONS TO FISHING PIER
The Tenant shall have the right to charge reasonable admission fees to patrons or
spectators desiring admission to the fishing pier which shall be Three and no/100
Dollars ($3.00) for fishing, One and no/100 Dollars ($1.00) for sightseeing and no
charge for children six (6) years old and younger. In connection with such charges, the
Landlord shall install and maintain gates or other devices to control the flow of patrons
6
onto the fishing pier. It is understood and agreed by Tenant and Landlord that Tenant
shall not increase said fishing pier admission fees during the term of this lease except
r to reflect the cost of living increases as reported by the U.S. Department of Labor cost
of living indexes. Each such cost of living increase, if any, shall be submitted by
Tenant to Landlord for its written approval.
VII.
MAINTENANCE OF RAILINGS DECKING PLANKS, WATER FACILITIES LIGHTING
AND STRUCTURE OF THE FISHING PIER
(a) As of the beginning of this Lease Agreement and at all times during the
jterm of same and any renewal thereof, the Landlord shall have the sole obligation and
duty to repair and replace the vertical guard rails of the fishing pier. The Tenant shall
have no particular duty to become involved with the repair or replacement of the vertical
i guard rails except to notify Landlord of any such repairs or maintenance when needed.
(b) During the entire term of this Lease Agreement, or any renewal thereof, the
fishing pier complex shall be maintained by Tenant so that it is adequately lighted and
i
i
so that patrons of the fishing pier will have water available for the purpose of cleaning
lfish. Landlord will provide lighting supplies.
r
(c) In addition to the foregoing, Landlord agrees to maintain all sub-structures - -•
of the pier complex such as pilings, foundations, tie-beams, bracings and plankings.
(d) Tenant shall be responsible, at its sole expense, to promptly repair or
replace any part of the fishing pier complex that is damaged by the negligence of
7
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its employees, agents and assigns, with said negligence to be determined solely by
Landlord.
(e) Landlord shall not be responsible for the restoration of the fishing pier
complex, or any part thereof that may become damaged by fire, hurricanes, storms or
other acts of God.
(f) Notwithstanding anything herein contained to the contrary, all major
maintenance and repairs shall be done at the sole discretion of Landlord whose
z I
judgment as to the need for same shall be final.
Vill.
X
yr OF FISHING PIER AND PUBLIC RESTROOMS
(a) The Tenant shall clean the fishing pier at least once each 24 hours through
the use of water hoses and sweeping so that all garbage, bait and debris are removed
w• from the decking planks of the fishing pier at least once each twenty-four(24) hour day.
(b) The Tenant shall contract with a private firm for placement and periodic
pumping of temporary portable restroom facilities to be used by the public.
(c) The Tenant shall clean the public restroom facilities at least once each
eight (8) hours during each and every day of this Lease Agreement and shall keep the
said restroom facilities stocked with soap, towels and related supplies. The Landlord -••��
shall have the right to make periodic inspections of the public restroom facilities from
time to time, and the Landlord (acting through the City Manager) shall have the right to
demand that the Tenant properly clean and maintain the restroom facilities at all times
during the term of this Lease Agreement. Specifically, if the City Manager
8
receives any complaints about the cleanliness of the restroom facilities and if his
investigation indicates that the facilities are not being cleaned and maintained on some
0
systematic basis, the City Manager shall have the right to instruct the Parks and
Recreation Department of the Landlord to make periodic inspections of the restroom
facilities during ordinary patrols of the public beach area. If the inspections of the
„M
employee of the Parks and Recreation Department show some condition that should be
i immediately remedied, the Tenant agrees that whatever person is in charge of the
fishing pier complex (as the agent of the Tenant) shall immediately accept any
statements or recommendations of the employee making the inspections and shall do
whatever is necessary to correct the condition in the public restroom, to the satisfaction
of the employee.
(d) The Tenant shall keep the public restrooms at the pier building open
+ twenty-four (24) hours each day for use by the public generally and the Tenant shall
not have the right to restrict the use of said public restrooms to patrons of the fishing
pier.
IX.
ALTERATIONS
.; The Tenant will make no alterations, additions or improvements in or to the
premises without the written consent of the Landlord, except only furniture and fixtures
which shall be readily removable without injury to the premises.
X.
UTILITIES
The Tenant agrees to furnish at his own expense his own heat and air
9
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y.
conditioning (if desired) and to pay for all water, gas, electricity, sewer service and other
utilities used or consumed in or upon the demised premises during the term hereof as
and when the charges for the same shall become due and payable.
XI.
GARBAGE DISPOSAL
1
The Landlord, as a municipality, shall have no obligations whatsoever to furnish
f ,.• any type of garbage collection or garbage disposal service to the fishing pier complex
T or to any type of business operation conducted on said fishing pier complex.
Specifically, the Tenant agrees to furnish all types of garbage disposal services
required at the fishing pier complex at his own expense and shall provide suitable
garbage cans and garbage containers. As to the type of garbage collection and
garbage disposal service furnished by the Tenant, the City Manager shall have the right
to approve the quality and frequency of same.
COMPLIANCE WITH PUBLIC AUTHORITIES
Gy
Tenant agrees to comply with all rules, regulations and requirements of any
federal, state, county, or municipal authority or governmental agency and with the final -
orders for the local Board of Fire Underwriters or similar organization affecting the
demised premises insofar as the same may relate to Tenants use of said premises
during the term hereof.
10
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XIII.
OBLIGATION OF TENANT TO PAY TAXES
The Tenant shall pay each and every type of real property tax, personal property
tax, sales tax, admission tax, ad valorem tax and excise tax assessed, levied or
imposed against any part of the fishing pier complex or against the business operated
by the Tenant on the fishing pier complex.
XIV.
' I INSURANCE
Tenant shall purchase insurance coverage in the amount of One Million Dollars
($1,000,000.00) per occurrence insuring the Landlord for product liability, public and r
general liability and property damage, and for any injuries which occur in or on the
r
' ? •� leased premises. Further, Tenant agrees to indemnify Landlord from any and all
claims, causes of action or judgments arising out of the Tenants operations on the
leased premises and pursuant to this Lease Agreement. On the yearly anniversary of
this Lease Agreement, Tenant shall provide Landlord a Certificate of Insurance
rl.
indicating insurance coverage for these purposes for the amount of One Million Dollars
($1,000,000.00) in the aggregate. The Landlord shall be named insured on said
policy. Tenant will also provide for employee workers' compensation insurance with
employer liability in the standard amount as determined by the State of Florida. A copy
of said Certificate of Insurance will be furnished naming Landlord both as a certificate
holder and an additional insured entity.
11
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Xv.
INSURANCE COMPLIANCE
r
Tenant agrees not to do or permit anything to be done on said premises, or keep
anything therein, which will increase the rate of hazard insurance premiums on the
'1 improvements, or any part thereof, or on property kept therein, or conflict with the
1 regulations of the fire department or with any insurance policy upon said improvements
or any part thereof. In the event of any increase in insurance premiums resulting from
I
Tenant's occupancy of the premises, or from any act or omission on the part of Tenant,
Tenant agrees to pay said increase in the insurance premiums on the improvements or
contents thereof as additional rent. Tenant agrees to maintain, for his own protection,
such fire insurance on his own personal property as he may desire; and to indemnify
and hold harmless the Landlord from and against any claims whatsoever for any
L
damage to or loss to Tenant's personal property from fire resulting from any cause
g' whatsoever.
XVI. R
` DESTRUCTION OF PREMISES
It is understood and agreed that in case of damage by fire, storm, hurricane or
other e!ements, Tenant will give immediate notice thereof to Landlord and if only a part
of said premises shall be damaged, but not so as to render the premises wholly
untenantable, the rent shall abate proportionately and the Landlord shall commence
within reasonable time after notice, to repair the same at its own cost and expense and
12
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complete said repairs with due and reasonable diligence. If the damage shall be so
extensive as to render the said premises wholly untenantable, the rents shall cease
from the time Landlord shall be notified by Tenant of such damage until said premises
are restored to a tenantable condition, at which time the rent shall begin to run again
and be payable as before the damage; provided however, that if damage is so
extensive as to render the premises wholly untenantable, or to necessitate the
rebuilding of the entire fishing pier complex or erection of a new fishing pier complex on
• 9 9 P� P 9 P� P
the site, the Landlord may terminate this Lease Agreement upon written notice to the k
Tenant.
XVII.
< LIENS
Tenant covenants and agrees that he has no power to incur any indebtedness
giving a right to a lien of any kind or character upon the right, title and interest of
Landlord in and to the property covered by this Lease Agreement, and all persons
contracting with Tenant, or furnishing materials or labor to Tenant, or to his agents or
servants, as well as all persons whomsoever, are herewith put on notice of Tenant's
lien limitations. In the event any mechanic's lien is filed against the premises as a result
of repairs, alterations additions or improvements made by Tenant, Landlord, at its
option, after thirty (30) days' notice to Tenant, may terminate this Lease Agreement,
may pay the said lien without inquiring into the validity thereof, and Tenant shall
forthwith reimburse Landlord total expense incurred by Landlord in discharging the
said lien, as additional rent hereunder.
13
FINE
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XVIII.
CARE OF PREMISES
Tenant further agrees: (a) that all repairs and/or alterations and improvements
which he is obligated or permitted to make shall be made in a good and workmanlike
manner; (b) to keep the premises in good healthful and clean conditions; (c) to keep
the public areas and approaches to the fishing pier complex free from all boxes,
cartons, merchandise, rubbish or materials of any description; (d) not to burn any
t
j rubbish or materials of any description upon the leased premises.
BANKRUPTCY
Tenant agrees that if Tenant shall make any assignment for the benefit of
creditors or shall be adjudged bankrupt, or if a receiver is appointed for Tenant or his
assets or of Tenant's interest under this Lease Agreement and the appointment of such
y,
receiver is not vacated within five (5) days then Landlord may, upon giving Tenant ten
i (10) days' notice of such election, terminate this Lease Agreement as in the case of a
i
violation by Tenant of any of the terms, covenants or conditions of this Lease
i E^
Agreement as hereinafter provided.
XX.
DEFAULT
It is understood and agreed that in the event Tenant violates any of the terms,
covenants or conditions in this Lease Agreement on his part to be performed, and such
violation continues for five (5) days after written notice to Tenant in the case of non-
14
payment of rent, or ten (10) days after written notice to Tenant in case of any other
violation, then, at the option of Landlord, Tenant's right to possession of the demised
premises shall thereupon terminate upon Landlord giving Tenant ten (10) days' notice
of election to exercise such option. Thereafter any retention of possession by Tenant
shall constitute a forcible detainer of said premises, and Tenant hereby grants
Landlord full and free entrance to, into or upon said premises or any part thereof, to
�, •.j take possession thereof, with or without process of law, and to expel and remove _
Tenant or any other person occupying said premises or any part thereof, and Landlord
i may repossess itself of said premises as of its former estate, but said entry of said
_ premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a
i forfeiture of rent due by virtue hereof nor a waiver of any covenant, agreement or
promise in this Lease Agreement contained to be performed by Tenant.
i
XXI.
INDEMNIFICATION AGAINST COSTS AND CHARGES
In the event the Landlord is compelled to incur any expense in collecting any
't
k sum of money due under this Lease Agreement for rent, or otherwise, or in the event
suit shall be brought by the Landlord for the purpose of evicting or ejecting the Tenant
may'•
from the leased premises, or if suit be brought by the Landlord for the purpose of
compelling the payment of any other sum which should be paid by the Tenant under
the terms hereof, or for the purpose of enforcing performance by the Tenant of any of
the several agreements, conditions and covenants contained herein, the Tenant
covenants and agrees to pay to the Landlord all expenses and costs of litigation,
15
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including a reasonable attorney's fee for the Landlord's attorney, provided such suit
terminates in favor of the Landlord. Any sums due under the terms and provisions of
this paragraph shall constitute a lien against the interest of the Tenant in the premises
and his property thereon to the same extent and on the same conditions as delinquent
rent would constitute a lien upon said premises and property.
XXII.
` HOLDING OVER '
In the event that Tenant shall remain in the demised premises after the
expiration of the term of this Lease Agreement without having executed a new written
Lease Agreement with Landlord, such holding over shall not constitute a renewal or
extension of this Lease Agreement. Landlord may, at its option, elect to treat Tenant
iy
t: as one who has not removed at the end of his term, and thereupon be entitled to all the
remedies against Tenant provided by law in that situation, or Landlord may elect, at its
r ;
option, to construe such holding over as a tenancy from month to month, subject to all
the terms and conditions of this Lease Agreement, except as to duration thereof, and in
° that event Tenant shall pay monthly rent in advance at the rate provided herein as
F effective during the last month of the demised term.
.J
EMINENT DOMAIN
If the property or any part thereof wherein the demised premises are located
shall be taken by public or quasi-public authority under any power of eminent domain or
condemnation, this Lease Agreement, at the option of Landlord, shall forthwith
{
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terminate and Tenant shall have no claim or interest in and to any award of damage for
such taking.
XXIV.
NOTICES
Any notice required to be given by the Landlord may be served on the Tenant
' personally or by certified mail addressed to the Tenant at the fishing pier complex,
Dania Beach, Dania, Florida, or such other address as the Tenant may from time to
time designate in writing.
Any notice required to be given by the Tenant may be served on the City
Manager personally or by certified mail addressed to the Landlord at the City Hall,
A
Dania, Broward County, Florida.
w XXV.
NO WAIVER BY LANDLORD
A waiver by the Landlord of any breach or breaches by the Tenant of any one
or more of the covenants or conditions of this Lease Agreement shall not bar the
�i
{- enforcement of any other rights or remedies of the Landlord for any subsequent
breach of any such or other covenants and conditions.
XXVI.
SPECIAL PROVISIONS
(a) Tenant agrees that residents of the City of Dania will be given the right of
first refusal for employment in the business to be operated by Tenant in and about the
17
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fishing pier complex; however, Tenant shall not be required to hire any particular
person or persons regardless of residence.
no
(b) Tenant understands and agrees to provide free parking for fishing patrons
with bait and poles, line in water. Free parking shall also be provided for six (6)
employees of Tenant in the parking spaces approved by the City Manager. Patrons
who enter the fishing pier for the purpose of fishing and who have their fishing gear in
4+ hand, shall receive a free parking permit from the pier manager to cover the time the _
patron is engaged in fishing. The form of the permits and the method of controls over
same shall be in strict compliance with the instructions of the City.
(c) Tenant shall not dispense alcoholic beverages of any kind except beer and
wine for consumption only on the leased premises. No beer or wine shall be consumed
i
on the beach area beneath the pier.
(d) Tenant may not change the name of the subject facility except by written
approval from the Landlord.
(e) Tenant shall purchase for sale to the public only fresh foods of a quality
generally accepted in the marketplace and which meet all the standards of each
i. regulatory agency. All foods and merchandise shall be purchased from or through
insured and bonded suppliers. J
(f) Notwithstanding anything herein contained to the contrary, Tenant shall
furnish to Landlord a copy of Tenants annual audit on or before the 30th day of June
1996. In addition, Landlord shall have the right to conduct its own audit at any time
Landlord desires to do so during the term of this Lease Agreement.
l:
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XXVII.
ENTIRE AGREEMENT
s
It is agreed that the within provisions constitute the entire agreement between
the parties, and no modifications, amendments or changes therein shall be valid unless
the same are in writing attached to this agreement and duly executed by all of the
parties herein.
XXVIII.
LANDLORD'S RIGHT TO TERMINATE LEASE AGREEMENT
Notwithstanding anything herein to the contrary, Landlord expressly reserves
the right to cancel this Lease Agreement in its sole discretion and without cause upon
giving written notice to Tenant at least one hundred twenty (120) days next preceding
the effective date of such cancellation.
reto have caused these presents to be
IN WITNESS WHEREOF,.die-parties he
executed the day and year first above written.
CITY OF DANIA, a Florida municipal
Corporation, Landipt _
ATTEST: :BY
1 %Rort
-Co mi ioner
ActinCity lerk-Auditor
By:
F. Flatley, City Me r
PIER MANAG INC., Tenant
APPROVED AS TO FORM AND
CORRECTNESS B
Zannucci, President
By: v
Frank C. Adler, City Attorney Donald V. Streeter, Vice President
19
TTTT.ltV��j
AME QMENT TO LEASE AGREEMENT
By this agreement, that certain Lease Agreement for Fishing Pier Bait and Tackle Shop dated
February 8, 1995, by and between the City of Dania, a Florida Municipal corporation and Pier
Management, Inc., a Florida Corporation, a copy of which is attached hereto and made a part hereof
as Exhibit"A", is hereby amended to read as follows:
"THIS LEASE AGREEMENT made and entered into this 8th day of February, 1995, by and
between
CITY OF DANIA, a Florida municipal corporation (hereinafter referred to as the "Landlord',
and
DANIA PIER MANAGEMENT CORP., a Florida Corporation, formerly known as PIER
MANAGEMENT, INC., (hereinafter referred to as the "Tenant")."
Except as herein amended. all other provisions of said Lease Agreement shall remain in full
force and effect.
Witness our hands and seals this day of March, 1995.
CITY OF DANIA, a Florida municipal
Corporation, Landlo
" ATTEST:
By:
_ Ma or- COn1miS51oneF
Adfing City Clerc-Auditor �1
By:
j
Robe F. Flatley, City Manager
DANIA PIER MANAGEMENT CORP., a
I Florida corporation, formerly known as
PIER MANAGE INC., Tenant
By:
, oma nucci. P sident
Donald V. Streeter, Vice President
APPROVED AS TO FORM AND CORRECTNESS
By: Goa
Frank C. Adler. City Attorney
v XHIBIT "A"
i � ,
j I
A1UtiAOR � NDUM
DATE: June 20, 1995
TO: Robert Flatley, City Manager
FROM: Marie Jabalee, Finance Director/Acting City (�Vre
RE: NPDES Interlocal Agreement
\S l
Broward County Water Resources Division has submitted a proposed interlocal
agreement between the County and 25 local municipalities to share the resource
burden of the system wide National Pollutant Discharge Elimination System permit and
granting Broward County the legal authority to monitor discharges to separate storm
sewer systems to be performed by the ONRP.
To help track the City's involvement in the NPDES permitting process so far, I have
outlined the following events:
July 2, 1991, Broward County passed resolution 91-1189 establishing a voluntary
ki participation program for all municipalities in the County to participate in the NPDES
Permitting Application Process for Storm Water Discharges.
i! July 24, 1991 the City received a letter from ONRP advising us that EPA had
-' designated all municipalities in the County as part of a Broward County separate storm
plication process for storm water discharges.
system for NPDES permitting ap
August 13, 1991 the City adopted Resolution 85-91 approving a request for
participation in the Florida Association of Counties (FAC) Group NPDES Stormwater
Permit Application. This was an EPA requirement to comply with NPDES industrial
activities program. The City's maintenance garage is an identified activity under this
program. (Category #1 permit- Municipal Industrial Discharges Permit.) Fee paid t,
approximately $1,850.
August 27, 1991 the City adopted Resolution 91-91 notifying ONRP that the Dania
wishes to be a co-permittee with Broward County in the NPDES permitting application
for storm water discharge. (Category#2 permit-Discharges from Municipal Separate
Storm Sewers Permit.) Fee paid approximately $4,200.
1 :F
I ,
4 e -
yr
October 22, 1991 the City Commission approved a $15,000 contract with Berry &
Calvin, Inc. to fulfill the technical requirements of Part 1 of the Category #2 permit. The
study was to provide the following information:
1. Develop base maps for the City's stormwater drainage system in conjunction with
previous S.E. drainage area study.
2. Research as-built drawings and existing permits (SFWMD) to determine existing
drainage facilities and outfalls.
3. Create an existing Facility Stormwater Drainage Identification Map.
is•':"' 4. Field verify these facilities.
5. Create a data base for all outfalls, catch basins, etc.
t 6. Create a City of Dania Drainage Master Plan. .
Y_a
We have requested comments from John Calvin's office regarding the proposed
Interlocal Agreement.
LY
d.
2
7
':l'
�r
4
17 MAi 2 2 1995
-'WA Department of Natural R.`-.0.: �: 6
c� Water Resources Division
BROWARD COUNTY 218 _W. Is', Avenue
Fort Lauaerdale FL33301
(305)519-1270 • FAX (305)519-1496
s
May 18, 1995
Mr. Robert J. Palm
100 West Beach Boulevard
} Dania, FL 33004
Re: NPDES Stormwater Co-applicants Draft Interlocal Agreement
Dear Mr. Palm:
Please find enclosed a final copy of the revised interlocal agreement through which
unincorporated Broward County is proposing to enter with the twenty-five co-applicants for the
NPDES Stormwater Permit for Broward County. The final copy incorporates a chance in the fee '!
schedule and scope of services.Please have this document executed by the appropriate parties within
your municipality and return it to us within thirty days. Because the NPDES MS4 permit is based
on all submittals as contained in 40 CFR 122.26(d)(2), finalization of the Broward County interlocal
I
agreement is required before issuing the Broward County MS4 NPDES permit.
{ Enclosed are the comments submitted by Broward County concerning the NPDES draft
permit changes. Additionally the letter sent from Broward County to the E.P.A. is also attached,this
x letter lists the various items submitted including the co-applicant comments and their inventories.
MLY
F' Due to the large number of proposed changes for the NPDES permit, Broward County has
requested an additional thim.days to evaluate a final draft of the permit. E.P.A.has verbally granted
this request.
If you have any questions, please do not hesitate to call Ms. Carol Milman of the DNRP
Water Resources Division.
n el
r SI
r
David M. Lee.��Director
Water Resources Division C^,LVIN
Enclosures
cc: Steve Somerville
Carol Milman
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal O000nunlly Emolover and Provider at SRrv¢Rt
SAC'- _ Su:annp N Gur;aurgo• ---- -art Lon Nana,n•nrn - •w a Oad;uo— c fhamDSan
Were 9u:Amg A Future For Your Famil,And Yaur Buemeas-
it----- _
st
CITY OF DAN[A
INTER-OFFICE MEMORANDUM
To: Robert Flatley, City Manager
From: Dan Oyler, City Planner
Date: June 26, 1995
Re: Award of Bid,Award of Contract& Change Order for Whisky Creek
1 ,
Boat Dock.
At a previous meeting of the City Commission the award of bid for the above
referenced project was tabled indefinitely due to the high cost of the project.
The item is scheduled for the Commission meeting of June 27, 1995. The proper
procedures that need to be followed to in order to award a contract to Murphy Construction
are as follows:
1. Award the Bid to Murphy Construction,the only bidder under Agenda Item#3 BIDS.
2. Pull items 1.5 and 1.6 from the consent agenda and place them after the award of bid
under Agenda Item #3 BIDS.
r,
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CITY OF DANIA
INTEROFFICE MEMORANDUM
TO: ROBERT FLATLEY, CITY MANAGER
FROM: MARIE JABALEE, FINANCE DIRECTOR
RE: ATTACHED INVOICES - BAILEY HUNT JONES & BUSTO
DATE: JUNE 14, 1995
-!. This item should be placed on the June 27 regular agenda for Commission approval.
Attached is an invoice from Earl Gallop of Bailey Hunt Jones& Busto for the period
::... ending May 31, 1995 in the amount of $2,008.68. These expenditures are for services
rendered per resolution 113-93 adopted July 13, 1993.
Earl G. Galloo
$115,000.00
Previously Expended 59,387.32
$ 55,612,68
,I Current Invoices 2,008.68
Bal. on Agreement $ 53,604.00
The City Commission authorized the execution of a $400,000 note with Family Bank on
July 27, 1993. This will provide the funding for payment of this invoice.
I
" BAILEY & .JONES $ ?
A PRO'ESSIONAI ASSOCIA1IC4
ATTORNEYS AT LAW
RAUL A ARENCIBIA COURVOI$IER CENTRE . SUITE 3CO O C'J UNSE,
GUY B EA.LCY, JP
ELIZABETH 5 BAKER 501 BRIC BELL KEY DRIVE LAwRENCE 5 EVAN$
KATHY J BIBLE MIAML FLORIDA 33131-2623 J. BRUCE IRVING
SCOTT L CAGAN TEL (J OS)3)<-5505 ROBERTE SCHUR
TIMOTHY CONE VAX(305)374-6715 SENIOR COUNSEL
STEVEN CARLYLE CRONIG wM R DAwES
JAMES C CUNNINGHAM,JR.
RICHARD M DAVIS
EARL G. GALLOP
JUDITH B GREENE
JE55E C JONES
KARIN B MORRELL
June 12, 1995
Robert F. Flatley,
City Manager,
' City of Dania
100 West Beach Boulevard
P.O. Box 1708
Dania, FL 33004
Re: STATEMENT FOR PROFESSIONAL SERVICES e.
City of Dania v. Broward County Aviation
Our file no. 9356-00 F
I
Dear Mr. Flatley:
Enclosed is our statement for professional services rendered
and for costs advanced for the period ending May 31, 1995 in the
amount of $2, 008 .68. There is a previous balance due of $6, 082.24
for a total amount due of $8,090. 92.
J 'S
{4 " The Actual Cost/Cost Estimate Tracking table presents
r - information concerning the charges for professional services in the
current statement in relation to (a) cumulative charges and (b) the
�. original estimated charges, by work task.
ACTUAL COST/COST ESTIMATE TRACKIN
4. G
Current Cost Cumulative Est.Min./Max.
Task 1. Analyze planning documents and development
orders.
$ 0 $ 2,765.00 $ 3,500/5,250
Robert F. Flatley,
June 12, 1995
Page 2
Task 2 . Evaluate the proposed runway extension and the
county commission authorization to condemn
property with the consistency requirement.
$ 0 $ 2,415.00 $ 2,625/3,500
Task 3. Commence a civil action to require Broward
County to amend its comprehensive plan.
. `` $ 2,008.68 $53 841.41 q
w• $35,000/50,000
" Task 4 . Conduct local government DRI development
e
review and permitting of the runway extension.
0 $ 0 $17,500/26,250 Y
f k i
dp Task 5 . Participate in the wetlands permitting
processes.
$ 0 $ 682.50 $10,000/15,000
Task 6 . Assist with challenging the eminent domain
proceedings.
$ 0 $ 0 $10, 000/15,000
TOTALS: $ 2,008.68 $59,703.91 $78,625/115,000
Please do not hesitate to call me if you have any questions
regarding this statement.
Very truly yours,
-Earl G. Gallop
EGG:sgs
Enclosures
cc: L/4s . Rhona Lipman
Ed Curtis, Esq.
9356coat.mem
li
I
BAILEY & JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
f
BAILEY HUNT JONES
_c �L ..
City of Dania
100 W. Bch Blvd. Box 1708
Attn: Robert Flatley
Dania, FL 33004
i
SCR PROFESSIONAL SERVICES RENDERED
June 9, 1995
Matter: 935600
Dania, City of v.
-� Broward County Aviation Department
----------------------------------
05/03/95 EGG Reviewing proposal for preparing 0.50 $ 87.50
t enhanced interlocal government
coordination element
y 05/09/95 EGG Preparing for and attending meeting 4.50 787.50
between Earl G. Gallop and Mr. Curtis
and attending status conference with
city commission; travel to and from Ft.
Lauderdale
05/10/95 EGG Receipt and review of motion to dismiss 0.35 61.25
+. ' Broward County's petition for certiorari
and final order of dismissal of case by
J. Moriarity; notice of intent to rely
on additional authorization
r' 05/17/95 EGG Reviewing airport DRI amendment 0.30 52.50
05/17/95 EGG Telephone conference between Earl G. 0.60 105.00
:-' Gallop and Mr. Terrell Arline, Assistant
General Counsel, DCA, about intervention
in the review proceeding by the
appellate court; telephone conference
between Earl G. Gallop and Mr. Curtis
regarding consenting to intervention
05/17/95 EGG Analyzing private property rights act 1.00 175.00
05/18/95 EGG Reviewing Broward County's briefs in 2.50 437.50
appellate review proceedings regarding
denial of intervention in eminent domain
proceedings; telephone conference
between Earl G. Gallop and Mr. Curtis;
telephone conference between Earl G.
Gallop and Mr. Walsh; assembling
documents and preparing letter to Mr.
Terrill Arline; preparing letter to Ms.
Walsh
(continued) ��
r
a`
Matter: 935600 - June 9 , 1995 -------------------
Page-2
i ----------'---------------------------------------
-- Y
05/23/95 EGG Reviewing city 's reply brief; preparing 1.25 218. 75
letter to Ms. Walsh; preparing
memorandum regarding airport DRI
amendment
Q -----------
Total Professional Services $ 1925.00
For Disbursements Incurred:
--------------------------
05/31/95 Photocopies (in-house) for the month $ 43.40
of May
05/31/95 Facsimile charges for the month of May 6.00
05/31/95 L/D telephone charges for the month of May 31.67
`ry 05/31/95 Postage for the month of May 2.61
f • P
Prior costs and disbursements not completely processed in our records
will appear in subsequent invoices.
Recapitulation
i --------
At 175. 00 per hour EGG worked 11.00 Hours
For Professional Services 11.00 Hours $ 1,925.00
For Disbursements Incurred 83.68
i Current Balance $ 2 008.6
Previous Balance 08 .2
------
}" Bill # 21507 Total Due $ 8,0
To be properly credited lease indicate Bill Number on F p p y p your remittance check.
I
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P
j
BAILEY HUNT & JONES
A RRores SIGNAL ASSOCIATION
ATTORNEYS AT LAW
P
CITY OF DANIA
INTER-OFFICE MEMORANDUM
TO: Mayor & Commissioners /r
� '7 FROM: Robert F. Flatley, City Manager K�
t .r RE: Counter-Offer for Seafair
DATE: June 23, 1995
j
On December 13, 1994, you approved an offer regarding Seafair
requesting that the City of Dania receive one-half of the amount Aragon
would receive from the FAU purchase of the leasehold interest of Seafair.
This request would have totaled $2.6 million to the City.
t;
Attached is a June 16, 1995, counter-proposal from the Aragon Group that
I find not acceptable. As a counter-offer to continue negotiations, I
propose that we revise our request to $2 million. I recommend approval by
the City Commission of this counter-offer.
Attachments
nd
i
s ,
r
n� Basic Elements of SeaFair Transaction
Proposal June 16, 1995
• FAU acquires all of Aragon's interest in SeaFair
• City of Dania enters into a new lease with FAU extending
the term of the lease to fifty (50) years
• In consideration for the new lease, FAU makes a lump sum
payment to the City of Dania for five hundred thousand
rt dollars ($500,000)
FAU enters into an agreement with the City to make annual
i_ payments for city services
ro-
FAU enters into a lease with the City of Dania to lease the
w. northern two-thirds (2/3rds) of the marina and the 115 parking
spaces adjacent to the marina back to the City of Dania for$1
`y per year
.?S4
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i
I,
01,
c.
,ANNUAL REVENUES[
250
200
I �
i
150
FONET
OME FROM $.5 MILLION
k
LIEU OF TAXES PAYMENT
F I FROM MARINA
' 1 00
PARKING REVENUES
i figp
I ,.
i �
i 50
0 -
EXISTING LOW HIGH
iy
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S. DISCUSSION AND POSSIBLE ACTION
8.1 Bud Palm, Utilities/Public Works Director, explained the need to construct new water
lines (6") along SE 2 Street. He advised that property owners were given six months to
connect and that no hook up fees were imposed.
8.2 Dan Oyler, City Planner, reported that the lighting for Modello and Meli Park has
been advertised and are expected to be received on January 17. He mentioned that nothing
has been done with the dock on NW 14 Avenue as it was not included in the budget. He
stated that Coastal Technology has submitted a proposal for the design, permitting, bid
documents and specifications for $3500 which could come from the engineering account and
that the dock is expected to cost around $10,0CC. Mr. Oyler advised that there does not s_
4 ' ` appear to be any grant funds available at this time and that there may be a possibility through
FIND in March.
i
City Manager Flatley advised that$35,000 is needed for the lighting and $13,000 for the dock
and that this could come from the $50,000 reserve from last year. Mayor Mikes felt that a
workshop meeting should be scheduled to discuss the use of these funds based on other
projects needing attention.
8.3 Fire Chief Grammer explained that Dania adopted a Resolution on November 8
supporting the rights of municipalities to establish and operate Advanced Life Support (ALS)
Emergency Medical Service Systems within municipal Fire Rescue Departments. The City of
Dania is now joining seven cities seeking legislative relief from the requirements to obtain a
Certificate of Public Convenience and Necessity from the Board of County Commissioners
rS'J
for delivery of advanced life support transport emergency medical services.t't�
City Manager Flatley requested the Commission to approve his letter dated December 6 that
1',;., was sent to Steven L.Josias opposing the County Commission's new proposed conceptual
plan for EMS.
The Commission ratified the December 6 letter written by City Manager Flatley.
8.4 City Manager Flatley reminded the public of the proposal that was presented on
ovember 15 by FAU and Aragon on the proposed use of the Seafair site. He advised that
the Negotiating Committee (Ed Houston,John DeVries, Will Allen, Frank Adler, Mike
Smith & City Manager Flatley) suggests a counter proposal requiring one-half of whatever
`Steve Snyder receives from FAU. The amount would be around 1.4 million dollars for Steve
Snyder to buy out the remaining 18 years on the current lease payments and that half of Steve
Snyder's deal with FAU should be around two million dollars. Mr. Flatley recommended to
invest the two million in Treasury Notes that are currently paying 7.8% which would return
$150,000 every year for 18 years.
REGULAR MEETING 16 DECEMBER 13, ISS4
a
YY -
Mayor Mikes opposed the idea of taking any action on this issue without a public hearing in
full view of the citizens of Dania. City Attorney Adler clarified that the Committee is only
asking for approval to negotiate along the lines as explained by City Manager Flatley. Mayor
Mikes felt that the Seafair proposal should be placed on a straw ballot in time for the
upcoming elections so that citizens can express their opinions.
A motion was made by Vice Mayor Grace, seconded by Commissioner Jones to direct City
Manager Flatley to pursue further negotiations with the counter proposal with FAU and
Steve Snyder and bring back to the City Commission.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Hyde-yes
Commissioner Jones-yes Vice Mayor Grace-yes
Mayor Mikes-yes .
A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to extend the
Commission Meeting. The motion passed unanimously. ;
9. APPOINTMENTS
9.1 Commissioner Hyde appointed Kathryn Fritz and Commissioner Jones reappointed
Luck-Williams to the Airport Advisory Board.
A motion was made by Commissioner Hyde,seconded by Commissioner Jones to approve
the appointments to the Airport Advisory Board. The motion passed unanimously.
9.2 Appointment to the Unsafe Structures Board was continued to the next meeting.
9.3 Appointment to the Downtown Redevelopment Agency was continued to the next
p.i meeting.
9.4 Vice Mayor Grace appointed Diane Curry and Jim Prescott to the Cultural Affairs
Committee.
A motion was made by Commissioner Hyde,seconded by Commissioner Bertino to approve
the appointments to the Cultural Affairs Committee. The motion passed unanimously.
9.5 Mayor Mikes continued his appointments to the Dania Housing Authority to the next
meeting.
Commissioner Jones suggested that the Mayor consider Jimmy Peterman for appointment to
the Housing Authority and the Mayor agreed to think it over.
REGULAR MEETING 17 DECEMBER 13, 1994
i
.ram yfpgG�l
CITY OF DANIA
FIRE/RESCUE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: Thomas D, Grammer, Fire Chief
FROM: James Mulford, Division Chief
. `-� RE: Letter of Intent
DATE: June 22, 1995
I request a letter of intent to purchase a new 1996 Freightliner FL60
Chassis from National Ambulance Builders be placed on the June 27,
1995, agenda for Commission action.
r „t, This does not commit the City Commission to purchase the new vehicle.
`3 That decision to purchase will be made during the normal budget review
process next month. A.
k4 Because of recent decisions by several cities to begin their own EMS
service, these units are in such demand that there is a waiting list for this '
chassis. National Ambulance will not hold us to a purchase commitment
j as there are other cities that would take delivery of the chassis intended for
Dania.
nd
R
JW
yr�S[
ik[,A
CITY OF DANIA
® INTEROFFICE MEMORANDUM
TO: ROBERT FLATLEY, CITY MANAGER
' FROM: MARIE JABALEE, FINANCE DIRECTOP�4
y
at
RE: REUTER RECYCLING
I a
DATE: JUNE 22, 1995
-------------------
The attached letter was sent to Reuter Recycling, Inc. by the City of Pembroke Pines after
w' a recent meeting of the four Cities involved with the Reuter Solid Waste Disposal
r�.
,,•��.. agreement.
Pembroke Pines was officially notified on June 13, 1995 that an agreement had been
executed with Waste Management, Inc.
I' This letter declares Reuter to be in default of the agreement. No reply has been received
as of June 22, 1995.
The Cities are urged to notify Reuter of its default status.
i f-
i
I
f+
1
City of Pembroke Pines _
1()LV fIS A�'ll
1`NIX�N f-SS
N'TI f13
G.
Fek
Alec o endin, Mayor William B. Armstrong,Commissioner
Ben Firendio, Vice-Mayor Mike Rubinstein,Commissioner Charles F. Dodge,City Manager Katherine "Miller"Thibault,Commissioner
June 15, 1995
VIA CERTIFIED MAIL/RRR
Reuter Recycling of Florida, Inc.
C/O Reuter, Inc.
410 - 11th Avenue South
Hopkins, MN 55343
Attn: President
Dear Mr. President :
In 1988, the four Cities entered into the Solid Waste Disposal
Agreement ("Agreement") as amended by the Consent and Agreement
("Consent") with Reuter Recycling of Florida, Inc. , for two
reasons. First, the City signed the Agreement in order to maintain
a lower tipping fee than that available at the County sponsored
incinerators. Second, the City believed strongly in the
environmental benefits of recycling. That is the reason the Solid
waste Disposal Agreement clearly defines the facility as a
"resource recovery and compost facility,, . It was critical to the
i City's Agreement that it would be operated in the most innovative
Imanner to recover recyclable materials and produce compost . Absent
the assurance that the maximum amount of recycling would occur, the
f City would not have signed the Agreement .
rr
The City has more than patiently cooperated with Reuter with the -J
y expectation that the facility would once again resume its intended
recycling operation. With that in mind and being aware that
millions of dollars were being expended to retrofit the facility,
The City chose at that time not to declare you in default .
However, pursuant to Section 6.5 of the Agreement, the City has not
waived our rights to declare the company in default.
To this date, the City has not been provided with any detailed
documentation by U.S. West Financial Service, Reuter Recycling, or
Green Isle Environmental Services concerning the proposed sale. At
this time, the City does not have a clear picture of exactly what
operations are planned. On June 13, 1995, the City was officially
10100 Pines Bt)Ulevnrd • PCtnhrt,ke Pines, Fluricln 330:!(1 • 305-431 --F9Oh
i�
✓A
F
^`l yf�t Sx f
Reuter Recycling of Florida, Inc.
C/O Reuter, Inc.
Page 2
June 16, 1995
notified by US West Financial Services, Inc. , Waste Management
Inc. of Florida, and Green Isle Environmental Services, Inc. , that
an agreement has been executed with Waste Management, Inc. Based
on our preliminary discussions with representatives of Waste
Management, Inc. , it appears that there are no plans for any
substantial increase in recycling of materials under their
ownership. Rather, it is presumed that they intend to use this for - '�-
y.
a transfer facility rather than the intended use. Long term use as
y. a transfer stations is not acceptable to the City of Pembroke
Pines, and does not comply with the terms of the Agreement .
The City has no firm commitment for the Reuter Recycling Facility
to be operated in accordance with the Agreement. Therefore, the
5 , 's City is providing you with this written notice, in accordance with
sub-section 10 . 1 of the Agreement. The City hereby declares you in
f. default, pursuant to Section 6 .2 of the Agreement and Section 2 (e)
of the Consent .
ncerely
1
,°r- Charles F. Dodge
City Manager
y.
C CFD/ps
CC : U.S . 'West Financial Services . Inc. '
Green Isle Environmental Services, Inc.
Honorable Mayor and City Commissioners
City Attorney Steven Josias '
City of Dania, City Manager .
City of Hallandale, City Manager
City of Pompano Beach, City Manager
CFD/R=ER/DEFAULT
1
DANIA AIRPORT ADVISORY COMMITTEE
DANIA Cl I Y I IAL1.
�./�— IUU KTtif UANL4131(ACIl iinlll I!l'AItU
s
DANIA,11. II(XI I
MEMO
June 23, 1995
10: THE DANIA CITY OMMISSION
1
]AY FIE1 n
CHAIRPERSON OF THE DANIA AIRPORT ADV S RY CQMMITTEE
RECOMMENDATIONS FROM THE DANIA AIRPORT ADV Snay
OM
UN 7 19QS MTTTFF MEETING
j
RECOMMENDING THE HIRING Or A ONSU TANT 1
The Dania Airport Advisory Committee heard a presentation from
Robert F. Eisengrein and reviewed his resume and other backup material .
'y' Because Mr. Eisengrein is a former employee of the FAA and is familiar
with the personnel in that department, he could greatly assist the City's
efforts on the airport runway extension issue. His approach is
1 negotiation with legal action a last resort. Therefore, if the issue
could be resolved to Dania's satisfaction with the FAA, the z.. future legal costs could be greatly reduced. potentially
RECOMMENDATION: That the city hire Robert Eisengrein as a consultant with
the terms of employment to be discussed with the City Manager and City
x Commission.
CQNCENS ABOUT, OUR PUBLIC DI51=51ONS POTENTrA1 1 v pA��rn c
i LECALRPOSITION VERSUS BROWARD CnL�Nry eun OMPR MISTNr
AND THE AVIATION DEPARTMENT, A There was a discussion about how some of our public comments are
being taken out of context to give aid to Broward County's legal team on
the airport runway issue.
RECOMMENDATION: That the Commission and attorneys reserve their legal
comments for executive sessions.
incerely,
p
Iy Veld
Chairperson, Dania Airrt Advisory Committee
cc: Dania City Manager Robert Flatley
1
COMMENTS OF ROBERT F. EISENGREIN
AVIATION CONSULTANT
BEFORE CITY OF DANIA AVIATION ADVISORY COMMITEE
JUNE 2'S, 1995 AT 7:30 P.M.
Introduction/Background
I will just give you a thumbnail sketch of my experiences, past
record, qualifications, since all appear in furnished materials.
I've been an attorney for 41 years; 23 years were spent in the
legal office of the FAA in Washington, D.C.; I am regarded as
one of the few FAA retirees to possess an expertise in
environmental law (includes noise law) and airport financial
assistance (includes airport grants) ; several years with FAA
. � included being the only attorney for Washington National and
Dulles International Airports; and my corporate law background
includesd working for three of the top 50 companies, the last
one being Assistant to the General Counsel of Martin Marietta's
` Aerospace Group where I was instrumental in setting up an
air-land-sea subsidiary corporation at the Glen L. Martin
Airport.
F..` Why I am Here Tonight
r�4 I was invited by your airport advisory committee; originally
s e contacted attorney, Ed Curtis; then by happenstance met Dr. 4
Robert Harris in Valdosta, Georgia, and sent him copies of
materials given to Mr. Curtis, including oral advice recently
given to Mr. Curtis that both the FAA Airport Layout Plan (ALP)
conditional approval and the FAA approval for Broward County
to use its passenger facility charges (PFCs) for the proposed
airport expansion are absolutely no basis for Broward County
to conclude that the financial resources will ultimately be
available for use if Broward County does not receive final
federal regulatory approvals for the entire proposed airport
expansion program, along with the total financial resources
to accomplish its proposed expansion plan. Both Dr. Harris
and Attorney Ed Curtis forwarded copies of the materials that
( many of you have received along with the Agenda of this meeting.
If Dania elects to retain me as a consultant, I would plan to
meet often with FAA staff and officials to help them understand
Dania's concerns and areas of opposition with the airport
expansion plans. FAA staff and management always welcomes
constructive advice and suggestions, since it helps them in
reaching correct approval decisions.
Bear with me as I read my script tonight, because I understand
this is a public meeting, and I don' t want to be misquoted later
on the critical issues addressed tonight. My goal tonight is
to afford you an opportunity to meet me and get to know me well
enough that the City of Dania will want to hire me to advise
and educate the City on a myriad of ongoing issues that have
arisen and will continue to arise during the formulations and
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completion of all state and federal approval requirements be u:e
the airport .expansion program begins in its—entirety (emphasis
added) .
Before I get too far along with my presentation, I would like
to say that it is my ,considered opinion that Dania officials
have an obligation to Oppose the airport expansion if that is
the wish 'of its residents. I appreciate the financial -costs
involved in keeping abreast with events as they arise, especially
litigation costs, and, if hired, I will do my best to keep costs
down. One thing you need to know is that, my style of
confrontation with my adversary is to always avoid litigation
�� if at all possible. My proposal contemplates egerything but
litigation, and my charges for the contemplated services should "-
°i be vastly lower costs. . :But, regardless, I. believe the city
needs to "stay in the game, " "pick carefully its 'fights," and
do 'so in a wav: that conserves its resources. I believe my ,
- z proposal fits ;such an approach.
I have read the minutes of the recent Commissioner's Meeting
on the agtivities of outside attorney Ed .Curtis on behalf of
the City of Dania., I have only a few comments. From these
meetings. I conclude that the existing litigation addresses .
the issue of the right of a superior political body (here Broward
County) to condemn property in a municipality (here' City. of
Dania) ; it addresses the right of the municipality to intervene
in 'pro,tectinq its vital interests, namely, protecting its tax
base and assuring its continuation as a "hqme rule" government;
and it. addresses; the right to challenge a condemnation .of '.
property within its -Jurisdiction where no reasonable expectation x
(guarantee) can be shown that all regulatory approval can be
expected:.
5 I believe at some appellate level, Mr. Curtis will be proven
t ,a correct. ' However, to what extent continued appeals should be
processed because of the financial costs to the city is .a matter
for the Dania- Commissioners to decide. But, I offer tlie9e
comments for their consideration: (1 ) It has always been my
understanding that all political bodies in a state'are co-equals
under the law and the spirit of the applicable state
constitution. (2), Assuming the Dania located land Condemned
by Broward County ts: for a projected new runway extension that
may ne, gr •pe bu11t; ,I ,question whether Broward, County .has met.
the "publ-ic need" and "public purpose" legal tests for taking
property located in a jurisdiction of co-equal control? What
is the "public need" or "public purpose" if the extended runway
Is not extended? An argument that it is needed to ,comply with
existing FAAR Part 77 "clear zone" regulations (now called in
the FAA airport construction stanrds handbopk "!runway protection
zone" or RPZ) would be baseless and simply not ,correct. I
believe Mr. Curtis• is on to something, and needless to say,
I have great respect for Mr. Curtis. Not to be
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overlooked is the language in the draft Interlocal Agreement
of last March where the county finds it necessary for the city
a to undertake deannexation. Either the county is worried that
the litigation ultimately will favor the city, or the county
fears the public outcry to the FAA or Congress over Broward's
condemnation of city located property for its runway extension
before receipt of all required governmental approvals)
What Will I Do For Dania If Hired
1 . I see myself as an on-going advisor, counselor, investigator,
supporter, and communicator to the Mayor, the Commission, the
City Manager and staff, as well as this Airport Advisory s
Committee, on all issues arising from efforts to expand the
airport -- including financing the expansion; justification
for expanding the runway and adding infrastructure; and
finalization of the entire federal approval process that
principally involves economic and environmental impact
statements.
tr 2. I will review carefully all documents and correspondence
in the possession of the City Manager, and provide appropriate
comments.
3. I will review and investigate all FAA files in its Orlando
Office, and provide appropriate comments.
4. I will continue to review and investigate the above files
on a continual basis, and provide appropriate comments.
S. I will draft, as appropriate, correspondence for Dania
officials to send to Broward County; to the FAA; and to all
other state and federal officials.
6. I will communicate with any Dania citizen who has particular
concerns with the airport expansion, including issues governed
n '
by the Relocation Assistance and Real Property Acquisition Act.
i`e J
7. I will meet with or arrange meetings with federal and state
officials, including the FAA Administrator and the Assistant
Administrator for Airports on matters germane to the proposed
airport expansion.
8. I will continually review and comment on applicable federal
requirements, including airport noise (FAR Part 150 and 161 ) ;
land acquisition and relocation assistance for airport
development projects (FAA Order 5100.37) ; 'airport environmental
handbook (FAA Order 5050.4A) ; policies and procedures for
considering environmental impacts (FAA Order 1050.1n) ; airport
compliance requirements (FAA Order 6190.6A) ; and airport
improvement (AIP) handbook (FAA Order 5100.38A) .
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9. I will draft and share with local and national airports .
media, as appropriate and approved by Dania officials, any public
o statements that raise questions of fairness for Broward County
through its airport expansion programs to systematically destroy
the state-created municipality of Dania, based on a projected
capacity needs determination by the FAA bureaucracy in
Washington, D.C. Even if true on the basis of calculations
of airport capacity needs developed using existing FAA criteria,
I ask how good is the criteria in view of fast changing events
in this world like Internet marketing", which could adversely
affect passenger capacity needs. The publicity I propose also
will ask whether it is fair to extend one runway by little over
3, 000 feet that extends outside the airport jurisdiction and
costs $300 million dollars, while at the same time the FAA has
imposed a passenger cap on the similar sized Washington National
r Airport!
tc
10. I will review and comment on significant aspects and interest
to the city of financial and environmental assessment documents,
including their compliance with various applicable federal and
state laws and regulations.
11 . I will support Mr. Curtis as appropriate in any litigation
and interlocal agreement efforts.
j Any Problems for Broward County in Funding $1 Billion Expansion
i
In my opinion the county is vulnerable with regard to financing
the estimated $1 billion airport expansion.
i
1 . The likelihood of FAA ultimately funding a runway extension
costing $300 million and that is vehemently opposed by the city
is unlikely, especially since Congressional authorized grant
moneys are becoming very scarce. If the need exists for
j € substantial new airport capacity in southeast Florida, FAA
certainly can get a lot more "bang for the buck" by giving its
F, support to building the 22,000 acre airport a friend I've been
working with wants to build in Martin County, substantially with private capital.
2. Of course, if all else fails, Broward County could attempt
to finance project costs or payments due on general obligations
bonds from real property tax revenues, and then you and I are
sources for the taxes! Voter resistance would be loud and
deafening in opposition to issuance of general obligation bonds
to meet airport needs.
3. If the county in desperation decides to issue revenue bonds,
the underwriters likely would reject the effort in view of the
risks I am citing. All one has to do is look at the junk bond rating of the revenue bonds for the new Denver Airport. The
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Denver Airport is a financial basket case that will only yet:
worse. It received federal funding in the first place only
because the Secretary of Transportation knew his chances to
get a new runway at Chicago O'Hare Airport, his hometown area,
depended upon that commitment to Denver. Well, the new runway
has still not been built because of nearby local governments
ardent opposition.
4. If the county is determined to use PFC funds for a
questionable runway extension at very high costs, a public
outcry could result among the airlines to request repeal of
the PFC collection authorization. Anyway, continued collection
of PFC revenues is not at all a certainty. Airlines may look
askance at PFCs lining the pockets of airports while they must -
reduce ticket prices to get passengers. Airlines may soon begin
' to realize the PFCs add an amount to ticket costs that marginally
may be the difference between profit and loss to the airline.
A bright airline attorney in his efforts to undue existing PFC
L legislation may finally recognize what a PFC is -- nothing but
another name for illegal "head taxes." PFCs sounded like "user
costs, " and since the airlines didn't oppose PFCs because of
a tradeoff with the airport people, Congress went along with
F: issuing what I believe to be an unconstitutional act. A PFC
to be other than a head tax must reflect amounts that approximate
the services provided by the airport to passengers. Before
:a the time of PFCs, the carriers negotiated all user fees with
xr-•�t airport operators. Sound familiar?
5. I believe there is a very high probability that the number
of air carrier ma passengers y go down for a long time in the
{y future. Why? I ask you whether you've heard about the impact
on commerce the "internet" communications revolution will be
.i having by the turn of the century. I just read about one
organization that has 4,000 salesmen flying weekly, who will
now use exclusively the internet for marketing its products.
Also, let us not forget, Orlando is where the future action
will be, not Ft. Lauderdale!
6. The chances of Congress passing special legislation to fund
this airport expansion is highly unlikely in view of voter
efforts to get Congress to wAae the budget.
7. The county and its bankers cannot overlook the possibility
of tort litigation being brought by disgruntled Dania residents
adversely affected by single event noise caused by changing
the runway from general aviation to air carrier. The DNL metric
required for determining noise in airport noise civil litigation
generally may carry little weight with a local judge hearing
a tort litigation case! Even in the case of the new Denver
Airport, which considered noise using the DNL metric, it
recently had to shut down one of its new runways because of
excessive aircraft noise to nearby residents!
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7. Not to be overlooked if the expansion gets delayed long
enough, we might see in this country a wave of airport
privatization takeovers, as is now occurring all over the world.
Palm Beach County looked at privatization briefly several years
ago, and may revisit it in view of Donald Trump's recent $75
million damage suit against the county over airport noise.
There are others waiting in the wings to see what happens.
Summary
In summary, I believe it is in the best interests of the City
of Dania and its residents to keep a watchful eye out on the
progress the county's airport expansion efforts take, of course, ,...
always shying away from the use of litigation wherever possible.
I believe Dania should present its concerns with the projected
airport expansion to the FAA, and continually keep after the
FAA to look out for those concerns.
I will take any questions you may have.
•za_
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CONSULTING AGREEMENT
This agreement is between Curtis & Curtis , P.A . , 1828 So . E.
1st Ave . , Ft . Lauderdale , Florida , hereinafter referred to as
"Law Firm, " and Robert F. Eisengrein , 3502 Dunes Vista Drive,
Pompano Beach , Florida 33069 , hereinafter referred to as
"Consultant".
A. Law Firm represents City of Dania in opposition to major
expansion of Ft . Lauderdale-Hollywood International Airport
(Airport) , and wishes to hire Consultant , whose qualifications
appear in attached resume, to provide consultant services as
may be requested by the Law Firm and the City of Dania , Florida ,
as follows:
1 , Research all files in the possession of the Federal
cox..
Aviation Administration (FAA) to study and/or obtain copies
of all correspondence, documents , and Federal determinations
dealing with the present and past airport expansion plans of
the Airport , including master plans , environmental and other
studies , FAA findings and determinations , data on extent of
_ "conditional approval" of the airport layout plan by the FAA ,
and FAR Part 150 studies (along with noise data) and resulting
�-. FAA findings .
2 . Assemble all data obtained in such research effort
for the purpose of compiling a comprehensive "full case" file
useable for determining Dania 's further actions in the current
matter of land condemnation , opposition to expansion program,
or acceptable mitigation of the airport expansion , including
possible litigation . r
3. Catalogue , review, and assemble all data gathered as
appropriate.
EA
Gt:
-" 4 , Update the above efforts from time to time.
S5:
5. Attempt to obtain above data from FAA voluntarily,
or request such information under the Freedom of Information
Act (FOIA) .
.J
6. Review FAA actions in approving the Airport 's
acquisition by condemnation of Dania 's property , to determine
if such Federal action constitutes a taking in violation of
the takings clause of the Constitution of the United States,
and determine the impact of condemnation on the real property
tax base of the City of Dania .
7. Review approval actions by FAA to previous airport
expansion to determine any conditions foreclosing the new planned
action.
8. Request FAA to issue a letter to the Airport finding
that Airport 's new expansion plan is highly controversial and
Page 2
is involves major Federal actions requiring preparation of a full
Environmental Impact Statement (EIS) pursuant to the National
Policy Act (NEPA) , including all required public hearings .
9. Attend public hearings and other meetings .
10. Provide the City of Dania and Ed Curtis , Esq. with
periodic briefings .
11 . Critique and furnish opinions on all of the above.
t4 ;v, 12 . Review the work of Dania 's land-use planning contractor
' to determine and assist in the direction being taken under the
1?�y, contract.
13. Organize a Citizens Against Runway Expansion (CARE)
. group to oppose the planned airport expansion , and assist them
in developing publicity on the extensive "cumulative impacts"
Ne
. , t (including noise) the expansion will cause on the quality of
life for the City 's residents; the existence of available EIS N
4 '. alternatives" available to meet the needs of southeast Floridians
(new major airport in Martin County) ; and the severe encroachment
of the Airport on residents of the City, which will result if
the expansion program is allowed to proceed .
14. Develop a strategy on how to block the airport
expansion; to extract favorable concession from the Airport ;
#' and to mitigate adverse environmental and economic impacts.
s
E'. 15. Review, analyze , and furnish reports on Federal and
6 state laws and regulations applying to the airport expansion
program on the environmental and financial assistance (including
FAA approval to use passenger fees acquired by the Airport
pursuant Federal law, and Federal property acquisitions
requirements and practices that may impact City homes because
of Airport acquisition of City homes.
16. Review Federal law on airport zoning issues. - •-�
17. Interface periodically with Federal and state officials
involved in the airport on issues arising from the proposed
airport expansion plans.
B. Law Firm agrees to pay Consultant a monthly retainer fee
of $2,000, and Consultant agrees to provide advice ,
investigation, research, and attendance at public and private
meetings as requested -- up to 20 hours per month. Hours of
services shall be computed as follows: consultation by
telephone, investigation efforts, and research shall be computed
in increments of quarter hours ; consultation services at
meetings within Broward County shall be computed in increments
of 4 hours; travel to locations outside Broward County shall
F;
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be computed as 2 hours each way , including auto and air travel ;
and all business conducted at locations outside Broward County
shall be computed in increments of 4 hours .
C. Consultant agrees to have FAX machines available
at both his residences in Pompano Beach , FL. and Annapolis,
MD.
D. Reimbursement for travel costs incurred by Consultant on
behalf of Law Firm shall be limited to actual costs of
�.'•` transportation (except a 26 cents per mile for auto use, not
exceeding the combined cost of air travel and rental auto) ,
lodging (except none in Washington , D.C. area) , and meals
incurred outside Broward County.
E. Consultation services requested by Law Firm exceeding
20 hours per month shall be reimbursed at the rate of $120 per
hour , subject to prior approval of Law Firm.
F. As may be approved by the Law Firm, Consultant may engage
another person to assist Consultant in consulting services,
and such other person shall be of equal talent and previous
Federal employment as Consultant, and other person shall be
paid at the same reimbursement terms as above, except the hourly
rate for such other person shall be $120 per hour.
G. This agreement shall be for a two year period , with the
minimum monthly retainer of $2,000 payable, unless during that
time period the Airport abandons plans for the airport expansion.
H. Terms of this agreement shall commence upon execution of
the agreement; except, Consultant services before first full i .
o: J _
month shall be computed at the rate of $100 per hour.
;rP I. Appropriate individual monthly bills shall be submitted
to the Law Firm by Consultant or other person performing
s consultant services .
r
Y AGREEMENT EXECUTED THIS day of 1995,
IN BROWARD COUNTY, FLORIDA.
CONSULTANT
LAW FIRM
It
MEMORANDUM
s
TO: MAYOR AND COMMISSIONERS
FROM: MARIE JABALEE, FINANCE DIRECTOR/ACTING CITY CLER
4
SUBJECT: BOARD APPOINTMENTS
�t DATE: June 16, 1995
Attached for your information is a list of board appointments that still need to be made.
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APPOINTMENTS 8EEQINTMENTS NEEDED
AIRPORT ADVISORY BOARD (2 year terms) I appointment needed
Vice-Mayor Bertino: 1 appointment
DANIA ECONOMIC DEVELOPMENT BOARD AND DOWNTOWN R DEVFI OPMENT
AGENCY (2 year terms)
3 appointments needed
G Mayor Hyde: 1 appointment
Comm. Mikes: 2 appointments
�a?
HUMAN RELATIONS BOARD (2 year terms) 4 appointments needed
Mayor Hyde: 2 appointments
f s r Comm. Mikes: 2 appointments
,F
MARINE ADVISORY BOARD (2 year terms) 1 appointment needed
` Comm. Grace: 1 appointment
iz
OCCUPATIONAL LICENSE REVIEW OMMITT (2 year terms) )appointment
needed
Comm. Mikes: 1 appointment
PARKS AND RECREATION ADVISORY BOARD (2yei3[terms) 2 appointments
needed
Vice-Mayor Bertino: 1 appointment
Comm. Mikes: 1 appointment
UNSAFE STRUCTURES BOARD (year terms)
Appointment of A Real Estate Appraiser to replace Keith Pfenninger.
3
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HQUSING AUTHORITY (4 year terms)
Mayor Hyde:1 appointment
Ann Winters term to expire 6/1/95
COMMUNITY AFFAIRS ADVISORY BOARD (2 year terms
10 members) 6 appointments
-N
Mayor Hyde: 1appointments
Vice Mayor Bertino: 1 appointments
Commissioner Grace: 2 appointments
Commissioner Mikes: 2 appointments
i
If you are appointing a new member, please use the attached Board Appointment form
and include a home and business phone number if possible. For your convenience,
I this form will be provided in your agenda backup for future appointments.
i
Thank you for your assistance.
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