Loading...
HomeMy WebLinkAbout37112 - MINUTES - City Commission s r,\48 lqgq R r t 7 MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING AUGUST 31, 1999 MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7.30 P.M. ROLL CALL Present: Mayor: John Bertino Vice Mayor: Charles McElyea Commissioners: John Etling Bob Mikes City Attorney: Thomas Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson Absent: Commissioner: Jim Cali (excused) A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to excuse Commissioner Cali from this meeting. The motion passed unanimously. 1. Presentation from Dania Beach Chamber of Commerce. Jan Davenport, Chair of the Chamber of Commerce, expressed appreciation to the City for its support of the Chamber. She presented the following requests of the City: :• Funding and distribution assistance for the Chamber's Directory; :• Establishment of a Transition Team Task Force to assist with determining the shared resources and legal aspects of the Chamber's move into the Nyberg/Swanson House. The members requested for the task force were representatives from Mainstreet, Chamber; City, and City Attorney; :• Support of the Chamber's goals for Economic Redevelopment and Tourism through the use of grant funds forthcoming from the Community Investment and Front Porch Grants. City Manager Smith appreciated the partnership established with the Chamber and commended Jan Davenport for her proposed program initiatives and leadership. Mr. Smith was concerned with making any changes in the City's control of the Nyberg/Swanson House, at this time, due to its recent designation as a historical structure. He added that the renovations are covered under a Historic Preservation Grant and that the City must be careful about the types and amounts of restoration to the facility. MINUTES-SPECIAL MEETING 1 AUGUST 31, 1999 CITY OF DANIA BEACH t r, ' r '1 Commissioner Mikes questioned City Manager Smith about when the City Commission discussed the inclusion of additional tenants, other than the Chamber, in the Nyberg/Swanson House. City Manager Smith advised that additional tenants were discussed with the City Commission at budget workshops and at the time the City applied for grant funding for the facility. His understanding was that the Nyberg/Swanson House was proposed to be a community facility representing the best that the City has to offer. Vice-Mayor McElyea explained that he was instrumental in getting the Nyberg/Swanson House when Mr. Sommers offered the house to him. He was pleased with the first idea to place the structure at Mullikin Park, but liked the final decision to move it down US#1 to its current location at Dania Beach Blvd/SW 1s'Avenue even better. The first thought was to use the house for the Chamber and possibly the Historical Society and he expressed his displeasure with the idea that commissioners would take a room in the house. Vice-Mayor McElyea commented on the plaques presented for the City's 901" Birthday event and his displeasure that his name was left off. As President of the Historical Society, Vice-Mayor McElyea explained that no discussions have taken place about moving into the house, however, he personally disagreed with the idea since most of the historians of Dania would not be able to climb the second floor of the house. City Manager Smith advised that the City has received a grant from the State of Florida, Bureau of Historic Preservation. The only hold up with going out to bid on the project is that the bureau is reviewing the architectural plans to ensure that they are historically significant. Mr. Smith advised that the Chamber will occupy some space on the lower floor, Mainstreet will have a small office, a conference area will be provided, and that the upstairs and porch are still open for exhibits. Mayor Bertino clarified that the City has budgeted funds to cover the directory for the Chamber and that distribution of the directory should be discussed with City Manager Smith, The City Commission generally agreed that a workshop meeting should be scheduled to discuss the placement of tenants in the Nyberg/Swanson House. 2. Recommendation by Ric Hutchinson, R.W. Beck, on awarding Solid Waste Disposal and Collection Contract. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA FOR RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." Ric Hutchinson, R.W. Beck, explained that a lengthy process was followed to prepare, advertise and receive RFP's for solid waste collection MINUTES-SPECIAL MEETING 2 AUGUST 31, 1999 CITY OF DANIA BEACH t- f L ' r Y 7 r services. The bids were evaluated based on the submitted price of services and completion of all necessary requirements. On behalf of R.W. Beck, Mr. Hutchinson recommended that the City accept the cost proposal form that had no rate adjustment on an annual basis, select the option of having the contractor pay the City 50% of all of the recycling revenues received each year, and accept the no annual adjustment option for the cost of the garbage collection containers and recycling bins. Mayor Bertino asked whether Mr. Hutchinson was satisfied that none of the proposers have projected service costs too low with the idea that they would come back with increased costs in the future. Mr. Hutchinson explained that the proposers bid on a variety of costs: collection costs, replacement cost of bins, and disposal costs. In addition, the proposers supplied the generation factors. There were a wide range of numbers and the only thing that remained consistent was that all proposers selected Reuter Recycling facility as the disposal facility and quoted the same tipping fee. The generation factors had a wide spread. The contract was designed to maintain the generation factor that was bid for the life of the contract, unless there is a change in law or a change in program with the potential to materially affect the proposers generation factor. If that happens, a generation study would be performed to determine the affect and provide new generation numbers. Mr. Hutchinson was confident that the language in the contract protects the City, but couldn't say for sure that a proposer could not take the City to court for a generation study. Commissioner Etling questioned whether anything was provided in the RFP about past historical generation so that the bidders would have some framework for determining their generation factor. Mr. Hutchinson mentioned that Bud Palm, Utilities Director, was able to obtain some figures from Reuter Recycling on historical disposal, however, there was no way to ascertain that those figures related to waste directly from Dania Beach. The haulers were advised that they could not rely on those numbers for determining their generation factor. Commissioner Mikes questioned whether the contract covers control over residential dumpsters. City Manager Smith advised that family units covering 4 units and below are required to use 96 gallon roll-out containers as a way to reduce the number of dumpsters in the City. Commissioner Mikes questioned Mr. Hutchinson on whether he thinks there is any other issues in the contract that need further clarification? Mr. Hutchinson mentioned that there has been concern with how this contract fits in with the Reuter Contract. This contract has a specific built in CPI (Consumer Price Index)factor for waste disposal increases that limits the upward rate increase in any one year and the Reuter contract has a combination of a PPI (Producer Price Index) plus the CPI averaged together divided by 2 and multiplied by 75%. The concern was what would happen if the Reuter rate were higher than the allowable rate in the proposed contract. Mr. Hutchinson's experience was that historically the Reuter increase would not exceed the cap in the contract, but he could MINUTES-SPECIAL MEETING 3 AUGUST 31, 1999 CITY OF DANIA BEACH I L It-- r not guarantee that it couldn't happen. He suggested that the City might want a verbal acceptance from the successful bidder. City Manager Smith commended Mr. Hutchinson from R.W. Beck for putting the RFP together and evaluating the numbers. Mr. Smith explained the importance of not only selecting a firm with the lowest numbers but also a firm that will provide the City with the best service. He presented the following concerns: • Although, Waste Management Inc. of Florida is the lowest bidder, Mr. Smith was concerned with the financial stability of the company due to the recent acquisition of the company by US Waste. • The City has maintained a good working relationship with BFI and there will be a reduction in cost to the citizens whether Waste Management or BFI is chosen. However, the company that is selected has to be aware that the RFP represents a transition in the level of service in relation to curbside recycling, unification of service levels in both trash and garbage, which is not currently the case, and implementation of the 96 gallon roll-out containers. • Even though Waste Management, Inc. seems to be the lowest bidder, their generation factor appears to be understated based upon review and consistency in the second, third and fourth proposers figures. • The City must look at the whole relationship with the company and not just the collection proposal. The City's issues with the way the Reuter Recycling facility operated has gone unresolved by Waste Management even though they acquired the Reuter Recycling facility years ago and were recently acquired by US Waste. Mr. Smith was concerned with entering into another long-term contract with Waste Management Inc. of Florida when they have not satisfied concerns and components of the City's solid waste program. Tony Spadaccia and Bill Laystrom, Esq., Waste Management Inc. of Florida were present to respond to the City's concerns. Mr. Spadaccia stated that Waste Management is a financially stable company making 15 billion dollars a year and still is the largest company in the United States. Waste Management is bondable by an unlimited amount of money with a highly rated bonding company. The company has gone through some changes over the past year but is very stable and will continue to provide services in the area. Waste Management stands by its proposal submitted to the City of Dania Beach and desires to move forward with servicing the City and establishing a good working relationship. In regards to the City's issues with Reuter Recycling, Mr. Spadaccia was unable to comment, but did express a desire to resolve the matters. in regards to the waste generation factor, Mr. Spadaccia stated that Waste Management is prepared to live by the numbers that have been proposed and that the numbers are guarded and accommodated for in the City's agreement. City Attorney Ansbro clarified that there may be a MINUTES-SPECIAL MEETING 4 AUGUST 31, 1999 CITY OF DANIA BEACH t- f h ' r 7 need for further clarification and tightening of language and terms in some of the provisions in the RFP. Attorney Ansbro advised that Bud Palm pointed out that the provision for residential generation factor explains how to calculate it and what triggers a change, however, there is no explanation about what the parties do once the factor has been identified and a study conducted. He expressed concern with the phrase "the potential to materially affect this factor"which affects the residential monthly charge to residents. He suggested to include"if it's more than 25% over the number currently offered" or whatever the negotiable amount is to further understand what"materially affect" means. Attorney Ansbro was confident that the parties could work out the language concerns. He thought the generation factor offered for both the bulk waste and residential hauling could be defined better to ensure that it's the numbers submitted and that the contract could include a threshold amount to be reached if the proposer seeks a higher amount. Mr. Hutchinson agreed that the higher factor would be more advantageous to the City. However, in the case of the generation factor, he pointed out that it would virtually be impossible to say what that factor should be because you won't know what the change is for another year if there is a change in the law. Commissioner Mikes was concerned with the potential for future litigation with the difference in figures with Waste Management's 0.085 and BFI's 0.0159 on the "Monthly Unit Residential Waste Gen Factor" under the Disposal Element. Mr. Hutchinson was confident that the contract does not provide the contractor the right to come back later and change their numbers because of their miscalculation. The contract only gives them a right to request a generation study if there is a change in law or program. Attorney Laystrom, Waste Management, stated that Waste Management understands that the only two circumstances allowing a waste generation study are (1) a program change under the City's control; or(2) a change in law from Tallahassee. Attorney Laystrom restated that Waste Management stands by its numbers and that they fully understand the circumstances for change as stated. Attorney Laystrom agreed to work with City Attorney Ansbro in regards to clarification language being added to the contract. In regards to issues with the Reuter Recycling facility, Attorney Laystrom stressed Waste Management's desire to meet with the City to discuss the concerns as well as with the other three cities involved in the Reuter Agreement. City Manager Smith recommended authorizing staff to investigate the concerns that have been stated with Waste Management in an effort to see if they can be resolved before the first meeting in September. City Manager Smith questioned Mr. Spadaccia on whether the Reuter facility will be their Recycling facility and whether it is fully operational. Mr. Spadaccia, Waste Management, advised that Recycle America will be reopened in Pompano and that Reuter Recycling will also be fully operational. MINUTES-SPECIAL MEETING 5 AUGUST 31, 1999 CITY OF DANIA BEACH 4- f r _t Mayor Bertino opened discussions with all other proposers: John Ferguson, All Service Refuse, explained that his company is a division of Republic Services, a locally based company. He introduced Harold Carter, Governmental Affairs for Republic Services, and Attorney Howard Cusnick. Mr. Ferguson advised that All Service Refuse has been providing outstanding customer service to residents and businesses throughout Broward County and Dania Beach since 1954. All Service Refuse is a good corporate citizen and prides itself on having the highest supervisory to customer ratio in Broward County. Mr. Ferguson presented a handout that his company prepared showing an adjustment to the disposal amount for Form 1A and 1B. Attorney Ansbro clarified that the handout being presented is not part of All Service Refuse's bid, but, rather, a further clarification of its bid. Mr. Ferguson urged the City Commission to not only consider who has the lowest price, but also to select the lowest responsible supplier with the best customer service. Howard Cusnick, Esq., All Service Refuse, urged the City to obtain an affirmative waiver from Waste Management for filing a suit for Declaratory Judgment since the contract may be subject to other interpretations. He stated the All Service has been very active in community affairs in all the cities that they serve and that they have not sued municipalities that they service. He agreed that the disposal issues and proper and accurate billing of customers is a concern and assured the City that they would be available for future discussion if the City decides to consider them. Dan Pavone, Browning Ferris Industries, introduced Howard Bennett, District ManagerNice President of BFI, and explained that BFI is the City's current hauler. Mr. Pavone urged the City Commission to consider staff's recommendation and BFI's past performance and responsiveness to the City when selecting a contractor. He mentioned that BFI has 31% of the market share of the franchises in Broward County. Mr. Pavone advised that he is a resident of Dania Beach and that he has a good working relationship with Bud Palm, Utilities Director, his staff and the city manager. He pointed out that if the City wanted a generation study in one year, BFI would agree to accept whatever the numbers are from the generation study and BFI would pay the City back whatever they owed if the numbers were lower. He pointed out that his company's disposal amount is more accurate since they know the exact tonnage going into the Reuter Recycling facility. In response to Commissioner Mikes, Mr. Pavone estimated it to cost $25,000.00 or$30,000.00 for a generation study and advised that Broward County can provide a history of BFI's complaint levels on pickup. Mr. Pavone was not aware of any litigation with any of cities that BFI services over the past five years. Commissioner Mikes recommended that staff go back 10 years on litigation on each proposer. Tony Spadaccia, Waste Management, appreciated the comments that were made and mentioned how easy it is to second guess or criticize or try to redo what was done in the RFP. He felt that all proposers had the MINUTES-SPECIAL MEETING 6 AUGUST 31, 1999 CITY OF DANIA BEACH t_ t f It-- t, ' r '7 same opportunity and that the agreement speaks for itself. The City is guarded in the contract and Waste Management is not a novice in solid waste collection. Waste Management provided the City with a proposal package giving its citizens the best opportunity for an outstanding service program at the best possible price with a viable and strong company who is prepared to fulfill the terms of the agreement. In addition, Mr. Spadaccia was confident that all issues would be worked out with the City in regards to the Reuter Recycling contract. City Manager Smith clarified that the City is not negotiating with the bidders, but addressing concerns that have been presented. Commissioner Etling suggested that all of the bids be re-examined with regards to the concerns that have been presented. Commissioner Mikes agreed that staff needs to review the RFP responses and asked City Attorney Ansbro to provide defensible language in the contract relating to the discrepancy in the amounts of garbage generated from the proposers. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, continuing the agenda item for two weeks so that City Manager Smith and City Attorney Ansbro can evaluate all the proposals further and clarify language concerns to ensure that the City has a defensible contract. The motion passed on the following roll call vote: Commissioner Etling-yes Commissioner Mikes—yes Vice-Mayor McElyea—yes Mayor Bertino-yes 3. Reconsideration of Santa's Magical Village operation at Grand Prix Race- O-Rama. (Commissioner Etling) Commissioner Etling requested reconsideration of the actions taken by the City on August 241h to deny Mr. Drybread's request to operate Santa's Magical Village at the Grand Prix Race-o-rama from November 11, 1999 to January 9, 2000. He felt that another opportunity should be granted to Mr. Drybread since the bulk of the problems were with the carnival operator and not Mr. Drybread's operation and since there is a new carnival operator with a number of significant endorsements from major state fairs and operators around the country. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to reconsider the item. Commissioner Mikes expressed his opposition to reconsideration due to Ed Tarmey's report about the electrocution of Ms. Kathy Keegan on December 2, 1998 and concern that the operation is not run safely. The motion passed on the following 3/1 roll call vote. Commissioner Cali was absent: Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea—yes Mayor Bertino-yes MINUTES-SPECIAL MEETING 7 AUGUST 31, 1999 CITY OF DANIA BEACH u I /f- r ' r Y r Mayor Bertino and Commissioner Etling mentioned their desire to have had Ed Tarmey, Fire Marshal, present to discuss his conditions to the event. City Manager Smith advised that there does not appear to be a dispute about the requirements in the Fire Marshal's report. Mr. Drybread must convince the City Commission that he will comply with the Fire Marshal's conditions. Don Drybread, Santa's Magical Village, agreed to consider everything outlined in Ed Tarmey's report dated August 16, 1999. He apologized to the City Commission for not having all of the information provided to the City Commission prior to the August 24'" meeting as it related to the ride company being used this year. He explained that an incident did happen last year, but he, nor his hired staff, was responsible. Mr. Drybread assured the City Commission that all required electrical, building and plumbing contractors were hired and that he complied with any new requirements asked of him by the City. Mr. Drybread reminded the City Commission that he is not able to respond further regarding the incident due to litigation. City Manager Smith clarified with Mr. Drybread that the carnival workers will not be living on site. Mr. Drybread advised that 12-16 persons will be living in spots surrounding the site because of the need to care for the live animals at the site. Garbage will be picked up daily by BFI and a 1200 gallon tank crowd-pleaser will be provided and serviced daily. City Manager Smith stated that staff did not dispute the fact that Mr. Drybread complied with all violations, however, the Fire Marshal had to make repeated trips to the facility to conduct inspections. The City would prefer that the entire facility be inspected as a unit to decrease the trips by staff. Mr. Drybread explained that he obtained all permits, spent $3,000.00 putting in flame retardant on all the things inside the tent, and emergency lighting that was required. Mr. Drybread agreed to the following issues listed in Mr. Tarmey's report: 1. A Medical detail, unrelated to the Grand Prix detail, for all hours of operation. (Mr. Drybread advised that he provides this 7 days a week) 2. No"bunk house' living quarters on site. 3. A site plan for travel trailer and storage trailer parking showing proper distance separations and remoteness from the amusement area. (Mr. Drybread advised that there will not be any storage trailer parking on the premise as he has rented space in Davie and that there is no problem with the separations.) 4. A Certificate of Flame Retardancy or a Certificate of Flame Retardancy Treatment for all displays and materials used in the Magical Village attraction tent. (Mr. Drybread advised that he provided this last year and will provide again this year.) MINUTES-SPECIAL MEETING 8 AUGUST 31, 1999 CITY OF DANIA BEACH f ' r 7 5. A complete Midway site plan showing fire/rescue access. (Mr. Drybread advised that he has a preliminary plan, but does not set up the rides. He agreed to contact the ride person and present the plan to staff as soon as possible in advance of the opening on November 11, 1999. He reminded the City Commission that there will be semi's making deliveries and putting up the Christmas displays, but they will not be parked on site. Mr. Drybread agreed to make the site plan aesthetically appealing by adding the rides with the most lights towards 1-95. Mr. Drybread presented further information regarding the expensive portable office space and living quarters that will be on site.) 6. The hiring of a City approved, licensed electrical contractor to assure the electrical safety of the site for the duration of the event. (Mr. Drybread advised that this was supplied last year and will be supplied again this year.) Mr. Drybread explained the types of incidents that happened last year at the site and agreed to include two BSO deputies on site at all times, one paramedic/firefighter, and all required insurance. Mr. Drybread advised that he needs one tractor-trailer with tools to be allowed on the site. Commissioner Mikes questioned Mr. Drybread on why he did not donate to the Cerebral Palsy organization last year. Mr. Drybread advised that he provided rides instead to the children because profits were not that good last year. Mayor Bertino and Commissioner Mikes questioned Mr. Drybread on why he needs the carnival aspect of the operation. Mr. Drybread advised that he does not make any profit with the carnival, but that it provides an additional appeal to the event. Commissioner Mikes questioned Mr. Drybread about the electrocution of Ms. Kathy Keegan on December 2, 1998. whom was a carnival worker living on the site and his financial stability. Commissioner Mikes mentioned the need for the City's image to be upgraded and to deny these types of operations. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to approve Santa's Magical Village at the Grand Prix Race-o- Rama from November 11, 1999 through January 9, 2000 subject to the following conditions: ✓ All conditions listed in Fire Marshal Tarmey's memo dated August 16, 1999; ✓ Two (2) BSO Deputies; ✓ One (1) paramedic/firefighter; ✓ Limitation of 6.8 living quarters that are not"bunk house' style; ✓ Limitation of four(4) inspection visits and anything over the four visits would be cost recovered by the City; ✓ Inclusion of the City as"additionally insured" on all insurance policies; ✓ If negotiations fall through with the proposed carnival operator, Mr. Drybread will have to come back before the City Commission; MINUTES-SPECIAL MEETING 9 AUGUST 31, 1999 CITY OF DANIA BEACH f 7 ✓ No pony rides or petting zoo. City Manager Smith suggested Mr. Drybread postpone the opening of Santa's Magical Village, which conflicts with the opening of the City's Tomato Festival, The City Commission generally agreed that there would not be any interference with either event. The motion passed on the following 3/1 roll call vote. Commissioner Cali was absent: Commissioner Etling-yes Commissioner Mikes—no Vice-Mayor McElyea—yes Mayor Bertino-yes Commissioner Mikes asked City Attorney Ansbro to check Mr. Drybread's insurance policies. 4. Appointment of one member to the Code Enforcement Board to replace Peggy Breeschoten in the Businessperson position. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE CODE ENFORCEMENT BOARD IN THE BUSINESSPERSON POSITION; PROVIDING THAT THE MEMBER SHALL COMPLETE A THREE YEAR TERM ENDING NOVEMBER 11. 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Commissioner Etling, seconded by Vice-Mayor McElyea, to adopt the resolution appointing Pat Flury to the Code Enforcement Board. The motion passed on the following 4/0 roll call vote. Commissioner Cali was absent Commissioner Etling-yes Commissioner Mikes—yes Vice-Mayor McElyea—yes Mayor Bertino-yes The meeting adjourned at 9:35 p.m. c�- ���� R—COMMISSIONER ACTING CITY CLERK Respectfully submitted by Charlene Johnson Deputy City Clerk MINUTES-SPECIAL MEETING 10 AUGUST 31, 1999 CITY OF DANIA BEACH w ' r Y r AGENDA DANIA BEACH CITY COMMISSION SPECIAL MEETING AUGUST 31, 1999 7:30 P.M. (WORKSHOP MEETING TO FOLLOW) 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 BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT SHERYL CHAPMAN,ACTING CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004,(954)921-8700,EXT.202,AT LEAST 72 HOURS PRIOR TO MEETING. CALL TO ORDER ROLL CALL: 1. Presentation from Dania Beach Chamber of Commerce. 2. Recommendation by Rick Hutchinson, R.W. Beck, on awarding Solid Waste Disposal and Collection Contract. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA FOR RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE." 3. Reconsideration of Santa's Magical Village operation at Grand Prix Race-O-Rama. (Commissioner Etling) f L r, ' r y ADDENDUM DANIA BEACH CITY COMMISSION SPECIAL MEETING AUGUST 31, 1999 4. Appointment of one member to the Code Enforcement Board to replace Peggy Breeschoten in the Businessperson position. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE CODE ENFORCEMENT BOARD IN THE BUSINESSPERSON POSITION; PROVIDING THAT THE MEMBER SHALL COMPLETE A THREE YEAR TERM ENDING NOVEMBER 11, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDIING FOR AN EFFECTIVE DATE. _f I- Sun-Sentinel DANIA B E A C H "We have to getaway from the J.�a11ta)s old Dania reputation that if you can't put it somewhere else Dania will take it.This is not the image we w• ant for the city going into the mil- Village gets lenniu Mikes said. Santoa''s Magical Village is a Broward County tradition that has green light attracted thousands of children and their parents over the 30 years that Drybread has put on his light shoCommissioners. with tw houseybread son hised hoshow with two houses an his block. It Problems fixed grew to a 12-acre theme park and carnival at the Race-O-Rama. In other action, Dania Beach By MAYERLINE MICHEL City Commissioners voted to study STAFF WRITER and clarify a recommendation by an independent consultant to DANIA BEACH—City com- award acontract to Waste Manage- Fit issionersonTuesdayapproved mentInc.,oneoffourcompanies the second request by the owner of b idding for Dania Beach's garbage San ta's Magical Vil[age to operate and recycling services. in Dania Beach this Christmas sea- The consultants,R.W.Becker son. Inc.,recommended that the city of- Commissioners said Dan Dry- fer a five-year contract to Waste bread,who last Christmas operat- Management lnc.,a garbage haul- ed the show and a carnival at the ing company.Commissioners were Grand Prix Race-O-Rama, con- not convinced that Waste Manage- vinced them that fire-code viola- ment Inc.was the best company to tions that were found during last do thejob,theysaid.They wanted year's showwould not recur. the city to reconsider the other Last week, commissioners threebidders. turned down Drybread's request In June,commissioners hired forbuilding permits for his carni- R.W.Becker Inc.for$18,656.The val,fearingsafetyissues. consultant is a West Palm Beach Among fire-code violations cited fi ran that has worked for more than by the city last year:Travel trailers 800 cities nationwide. t hat we re too close to each ot her; Ina workshop after the commis- attractions With missing smoke-de- sion meeting,commissioners also tection and emergency-lighting finalized a proposal for a two-story systems;and new rides that were restaurant on Dania Beach Pier not reported to the fire marshal to that will incorporate Dania Beach's be inspected.Also,a carnival work- historical architecture.Real estate er was electrocuted there Dec.2 developer Benjamin Wohl,general when she stepped on an electrical coat Facto r Joseph Stadlen and or- wire. chi tect Darius Zub rows ki propose Not all com missioners were sat- payi ng the c ity$3 0,000-a-year fo r isf ied with Drybread's proposal. 20 years to lease part of the pier for Co mm ission e r Joh IT Mi kes said he the restau rant.Dania Beach would had no objections to Santa's Magi- provide$400,000 for the project cal Village,but the carnival would and free parking for restaurant pa- not be in line with the city's goal to trans. attract large investors for develop- ment. f- r ' r-- C 'r 7 r the�ierula WEDNESDAY,SEPTEMBER 1,1999,THE HERALD Dania Beach about-face: Santa's village is welcome to return Ey SIEVE NAMSON hundred of tbousands o(lighis. t1arW Stan Wdta bread's rcqucsi a wok ago.The Commissioner Bob Mikes voted John Bertino agreed to vote for mission t t ll wont co In 1990,Drybread rentedd,space Santa's Magical Village is com- Dania Beach Fire Department against it and Jim Cali wasabsent. the village only if Drybread Mika still wasn't convinced the from the Seminole Tribe west of in back to Dania Beach. had cited the carnival for Homer- Although the village would be removed those attractions. carnival would be safe. What U.S. 441 near Hollyppod, and g ous fire code violations, and an operating on private land,it still •It's a moral thing;' Bertino happened last year,there's a good added a peltingzoo and such rides One week after denying Don outoftowm carnival worker was needs pertnits from the city. said."I don't like how the animals possibility of happening this as a Ferris whel to the iltiaction. Dry request to bring his e ry ear,' Mikes said."1 don't think He also charged admission, with famed village end carnival back to xnously.m umd is m electrical During from the presentation were treated." Grand Prig Race•G•Ral back the amidenl i¢ mbar, TueW , 6e said 6e has a new D bread said he didn't have e's qualified to do this safely," mine of the proceeds going to Dania Beach Commission But after Drybread made a sec: mmpeny to operate[be carnival the information yabout the new 11.'y "d started his magma) chanty. g reversed itself Tuesday oieLt and and presenlauon Tuesday — in and 6e also agrad to several con- carnival com in time for last 29ingCourtto 19n HoBhi ood uTour• Sa¢ta's Magical Village moved 6 O'dwhi he said he has wnectcd the cessions the wmmission asked week's mating. �p r to Grand Prix Race-O-Rama Lot welcomed the Broward oliday flaws of last year's carnival the for, 1 believe in giving le a sea isls and it would wander .fixture back to town. commission voted ro3. 'I allow Among the mocessions:no pet- and chance;'said Commissioner through his yard,which was cov- ya►malt•shvrWn rald.eem Citing safety concerns,the com- him to return. ling zoo or pony rides. Mayor John Etling,who asked the Will- mission with Christmas displays and mission voted 5-0 to reject Dry- 4- f a-- I ` I ; � w�c 's �hl0rk5 � o� rn � � � I31I � 999 r 7 MINUTES DANIA BEACH CITY COMMISSION WORKSHOP MEETING AUGUST 31, 1999 The meeting was called to order by Mayor Bertino. ROLL CALL Present: Mayor: John Bertino Vice Mayor: Charles McElyea Commissioners: John Etling Bob Mikes City Attorney: Thomas Ansbro City Manager: Mike Smith Deputy City Clerk: Charlene Johnson Absent: Commissioner: Jim Cali 1. Presentation by Pier Pointe, Inc. on restaurant proposal for Dania Beach Pier. Joseph Statlen, Vice-President, Pier Pointe, Inc., explained that his partner, Benjamin Wohl, President, Pier Pointe, Inc. and he were asked to revise the proposal they prepared and presented to the City Commission: Mr. Statlen explained that the lease term was shortened to 20 years and the lease amount was changed to $30,000 per year. His firm would be designing, building and leasing a restaurant with a panoramic observation tower on the retail pad. His firm will manage and maintain the improvement for the duration of the lease and will advertise and promote the pier and surrounding Dania Beach area to establish a large amount of good will. Construction will not commence until the Dania Beach City Commission fully approves a lease with a sub-tenant. They will build into the lease a percentage from income. Above and beyond a certain profit level for the restaurant, the City would participate in the upside. The City would provide a $400,000 construction grant and limited free parking for the restaurant patrons. The original proposal was for two restaurants and it was scaled back to one restaurant. The same design concept will be used, but a modified version, which would be more in line with the image that the City Commission desires. They would only be dealing with the 6,000 square foot retail pad, not the pier. In response to Commissioner Etling, Mr. Wohl stated that they have some perspective tenants, however, his firm will not go forward with the project until a tenant is approved by the City Commission. When a commitment is made for Pier Pointe to move forward, they would submit a few tenant choices for approval within one month of commitment. WORKSHOP MINUTES-CITY OF DANIA BEACH 1 AUGUST 31, 1999 f 4 R ti. t 't City Manager Smith stated that the original proposal provided less of a guarantee in the base lease, this proposal provides more of an annual dollar guarantee with the potential of additional rent income from profits over a certain level. This proposal does not provide for the construction of restrooms, improvement of lighting on the pier and the construction of a bait shop as well as shelters on the end of the pier. The new proposal would not include the management of the pier, only the retail pad. In response to Commissioner Etling, City Manager Smith stated that the projected cost for the City to build the bait shop and restrooms would be $180,000. In response to Commissioner Mikes, Mr. Wohl stated that until a tenant is chosen the hours of operation could not be determined. In response to City Manager Smith, Mr. Wohl explained that the proposal states that whatever percentage rent they negotiate, based on industry standards, with a tenant, will be split with the City. Mayor Bertino asked what staffs recommendation was. City Manager Smith felt that the rent income was nebulous at this point and he was not entirely comfortable with it. Mr. Wohl offered to build the bait shop for the City on the retail pad at their cost, but did not feel it was their responsibility to construct community restrooms and would require the City to construct the restrooms. Commissioner Etling suggested that the restrooms be incorporated into the design of the proposed building on the pad, rather than on the ground. Mr. Wohl stated that it was his firm's recommendation to build the restrooms underneath the pad and would build it if it was the City's desire to hire them. He stated that their goal is to eventually take over the management and operation of the pier, so that their restaurant patrons could feel proud and safe. Mr. Wohl stated that they were not asking for a financial commitment at this point, but for the opportunity to continue working and to bring back a proposal that the Commission would agree upon. Commissioner Mikes stated that he would like to see a community type of restaurant built that would build character to the beach. He asked staff to determine what it would take for the City to complete what needs to be done on the pier so that the Commission could compare the two approaches. The meeting adjourned. ATTEST: MAYOR—UUMM ISSIONER� µ J ACTING CITY CLERK Respectfully submitted by Nanci Denny. WORKSHOP MINUTES—CITY OF DANIA BEACH 2 AUGUST 31, 1999 I a r 7 r� AGENDA DANIA BEACH CITY COMMISSION WORKSHOP MEETING AUGUST 31, 1999 (FOLLOWING 7:30 P.M. SPECIAL MEETING) 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 BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT SHERYL CHAPMAN,ACTING CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004,(984)921.8700,EXT.202,AT LEAST 72 HOURS PRIOR TO MEETING. CALL TO ORDER ROLL CALL: 1. Presentation by Pier Pointe, Inc. on restaurant proposal for Dania Beach Pier. t R IVEU,u ESUAT,SEPTEMBEa 8, 1999 l r LOOKING FORWARD:Francoise Led u,51,who has been fishing off the Dania Beach Pier for eight years, city would have a choke ofhavintenant:an upscale restaura a restaurant hereto eat nt oraa famllyer the style eatery.developers'proposal,the Dania Beach officials balk at helping pay for project N PIER °"' 9; ml "We didn't know we COWINUED f ADM PeGE I B would have to put up structure and tried to repair it.Hur. 4" more money after we ricane Andrew destroyed it in 1992. repaired the pier...If The city rebuilt the pier about five years ago.Since then,commission- . they want that much, erS have gone back and forth about they raise the issue— what to do with it. III. . .The building Wohl and Stadlen 1 can we do itourselvesr' Proposed would cost$850,000.The developers have asked that the city ., COMMISSIONER BOB MINES .provide them with a$400.000 grant ® I . .t tohelp with construction costs. swrp,epMua"dpo"esIawumo, They proposed renting out the "We didn't know we would have property for$30,000 a year for 20 years and sharing profits equally browski to build the two-story res. to put up more money after we re. withm city.The city would have a taurant soon after they bid for the paired Mikes thesai per they million," ant that choice of tenants—an upscale res- project last year, taurant or a family style eatery, We want to capitalize on the much,they raise the issue—can Wohl said. city's history.The design had to wedolt0urselves?" fine building proposed by Wohl flow with what the city is trying to Wohl and Stadlen say the city and Stadlen isan elegant design accomplish In preserving itshlsto- can't do the Job any better or that combines Dania Beach's old. ry,"said Stadlen,who was born cheaper. gtyle farmhouse architecture with and reared In Dania Beach. "Cities aren't usually good at do. Victorian-style architecture,said Most commissioners saw nolh ing these things themselves,"Wohl architect Darius Zubrowski, of in' wrong with the plans, but said."When they finish looking at Tamara Peacock Co.of Fort Lau. balkedat the suggestion that the all their options,they'll come back derdale,The developers hired Zu. city help with construction cost to us." L 1 o< 7 Restaurant envisioned on the pier in Dania 2 developers present plans But city may opt to take over project By MAYERLINE MICHEL STAFF WRREN DANIA BEACH—When Jo- seph Stadien was achild,he end his father would go fishing on the Dania Beach Pier. They would fish,walk around and grab something to eat. Stadler,a general contractor, wants to recapture that part of his childhood.He and business partner Benjamin Wohl,a real estate investor and president of Dania Beach's downtown revi- talization program, want to build a restaurant on the pier. The two presented theirplans to the City Commission at a spe- cial meeting last week,about a year after they responded to a city request for bids.But now Dania Beach commissioners have a different Idea about who should build the restaurant on the 5,700-square-foot concrete pier—the city. "I think we could build It our- selves and run the restaurant," Commissioner Bob Mikes said. Other commissioners see the city building the restaurant and rentingit. `We'd like to keep complete control of the property,"Mayor John Benino said. Commissioners hope to de- cide on Tuesday whether to give Wohl and Stadlen the OK to build the restaurant orconstruct it themselves.They have asked city officials to determine whether it would make econom. Ic sense for the city to build the restaurant and rent it. Years ago,the city ran a small restaurant on the pier.In I990, the city closed the crumbling ■PIER continues on ie L j 1 f�