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HomeMy WebLinkAboutNULL (582) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, APRIL 27, 2010 — 7:00 P.M. 1. Call to Order/Roll Call Mayor McElyea called the meeting to order at 7:00 p.m. Present: Mayor: C.K. "Mac" McElyea Vice-Mayor: Anne Castro Commissioners: Bob Anton Walter Duke Bobbie H. Grace City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Vice-Mayor Castro gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 1. Check Presentation from the proceeds of the 41h Annual Dania Beach Vintage Motorcycle Show- Clive Taylor, Sunshine Chapter of the Antique Motorcycle Club of America Clive Taylor presented a $2,000.00 check and thanked the Commission, and the Parks and Recreation staff, for the Motorcycle Show. 2. Commitment date of Saturday, January 29, 2011 for the 5a' Annual Dania Beach Vintage Motorcycle Show at Frost Park - Clive Taylor, Sunshine Chapter of the Antique Motorcycle Club of America Vice-Mayor Castro motioned to approve January 29, 2011 for the 5`h Annual Dania Beach Vintage Motorcycle Show; seconded by Commissioner Anton. The motion carried unanimously. 3. Special Event Relay for Life - Frost Park- 5/7/10 & 5/8/10 Vice-Mayor Castro motioned to approve the Special Event request for Relay for Life; seconded by Commissioner Anton. The motion carried unanimously. 4. Florida Hometown Democracy - Bett Willett Vice-Mayor Castro noted that she serves with Ms. Willett on the Broward County Planning Council and she does a lot of services for our community. She welcomed Ms. Willett to the City of Dania Beach. Bett Willett, a volunteer on behalf of Florida Hometown Democracy, thanked David Clarke for making the arrangements for her to be here tonight. She presented a PowerPoint overview of Amendment 4, which is attached to and incorporated into these minutes. 5. Vote NO on 4 - Bob Swindell, Interim President/CEO of the Broward Alliance Bob Swindell, President/CEO of the Broward Alliance, provided a PowerPoint overview of Amendment 4, which is attached to and incorporated into these minutes. Vice-Mayor Castro questioned who would vote for land use changes in Dania Beach, and if multiple questions would be listed individually. Ms. Willett responded that after moving through the entire process, the final approval would be with the City. Mr. Swindell responded his concern is that because we are a Charter County, there would be a County vote. Vice-Mayor Castro asked both Ms. Willett and Mr. Swindell to provide their respective sources of information. Ms. Willett noted that land use changes are the only things that will go before the electorate. Mr. Swindell noted we do not know how many land use changes there will be in the future. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Patrick Phipps, PO Box 897, 266 SW 5`h Street, congratulated Bobbie Grace for winning the election. He said that she caught his attention and changed his life. Mr. Phipps noted that Commissioner Duke did the same. Kurt Ely, 245 SW I" Avenue, addressed a problem with a canopy and canvas at a park used by the Optimist Club. He said that the metal frame was destroyed by bad winds and a new one is Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. needed. The replacement cost would be less than $5,000.00. Mr. Ely remarked that both problems have to be solved. He noted that May 15 is the critical date for the Optimist Club because they would give trophies to all of the various teams that they support. This year it will be done inside Frost Park. Mr. Ely asked the City Commission to replace the two items in time for the upcoming summer activities. Kristen Jones, Director of Parks and Recreation, noted that this was a claim from FEMA. She will check on the status and report back to the Commission. Director Jones further advised that the other canopy was stolen from the trailer but not reported at the time. Commissioner Anton noted we need replacement costs. Linda Sacco, 4481 SW 38`h Terrace, representing the Airport Advisory Board, noted we are entering a critical 45-day period for the Sound Mitigation Program. The Board voted on two recommendations to be approved by the Commission: 1) to continue funding the law firm of White & Case to allow us to continue with the Airport litigation; and 2) that the Commission provide a way to do artistic renderings to minimize the impacts from airplane noise, possibly to be performed by the Mellgren Planning Group. She noted the contracts for the Pilot Mitigation Program can be individual to each home. Ms. Sacco questioned if the City could provide a list of attorneys where the homeowners could get some advice. Commissioner Anton commented that he agreed with the recommendations of the Airport Advisory Board. He mentioned that last week he met with Kent George, Broward County Aviation Director, regarding the Sound Mitigation Program. Commissioner Anton advised that the County voted on it today and will forward it to the City for comments within 45 days. Mr. George is interested in meeting with each Commissioner individually. He strongly urged the Commission to take action tonight to set up a workshop in May for the public to come out and voice their opinion. Commissioner Anton suggested the week of May 10-14, during the evening hours. He noted that Mr. George would attend the workshop and provide a PowerPoint overview of the proposed program. Commissioner Anton provided a summary of some of the issues and locations identified in the plan. He distributed information to the Commission which is attached to and incorporated into these minutes. Commissioner Duke noted the information is available on the County website, and will be included on the City website as well. Vice-Mayor Castro commended Commissioner Anton for looking out for the best interests of the residents and the City. She spoke about the impact the Airport expansion would cause on the entire City. Vice-Mayor Castro noted that while we are fighting the Airport expansion, we have received funding from Broward County for the Library and the Parking Garage. She stated that every dime we have spent on the Airport issue has been worth it. Commissioner Grace noted she will also meet with Kent George. She said we all have to work together to make sure we do the right thing for our City. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. Robert Mikes, 601 NW 7th Street, distributed information to the Commission. He complimented everyone who is working on the Airport issue. Mr. Mikes noted that his brother was approached by Pratt & Whitney to design some equipment for them for a chemical test. He remarked that there are health impacts with emissions from the airplanes. Mr. Mikes suggested the Pilot Program include shutting down the ground water table in Melaleuca Gardens. We will need to purchase protection for families with small children or health issues. The County needs to live up to the agreement signed in 1995. He suggested a baseline health study be conducted in the areas surrounding the Airport, particularly in Dania Beach. Teddy Bohanan, SW 15th Street, said she was tired of the City not taking some initiatives. She said that her area is so blighted and it is all because of the landlords and the lack of control we have on them. Ms. Bohanan questioned what happened to the Nuisance Abatement Board. She stated that we should not reduce the fines or give them any amnesty opportunities. Ms. Bohanan thanked BSO for all their work. Vice-Mayor Castro noted she spoke with Hank Thomas and he told her that he has a contract on the Pirates Inn property. He has some exciting plans for the building and hopes to begin soon. Betty Sokol, 609 NW loth Street, noted that they purchased their home in 1999, however they were never told about the problems with the Airport. She said she was disappointed in the support for the Special Olympics dinner last week. Ms. Sokol thanked Commissioner Grace for her support. She advised that she and her husband belong to the COPS Program. The Fire Department CERT Program is also available for citizens wanting to participate. Ms. Sokol hoped the City could come together for the benefit of our community. 6. Public Safety Reports Donn Peterson, BSO Police Chief, was available to answer questions. He responded for Commissioner Grace that the Juvenile Assessment Center has been severely impacted by budget cuts. They now bring the kids back to their homes or school. Chief Peterson noted they released the information on the juveniles that were arrested. He indicated that the deputies are out there during school hours and we also have two School Resource Officers who are very much involved. Joe Fernandez, Fire Chief, noted he has met with all the firefighters and they have been supportive of his appointment. He was available to answer questions. 7. Consent Agenda Items added to Consent Agenda: #7.11 n : #7.3 7.10 and#7.11 Items removed from ConsentAge da , # 1. Minutes: Approve minutes of April 14, 2010 City Commission meeting Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. 2. Travel Requests: None 3. RESOLUTION 42010-060 Continued until May ]], 2010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A WATER CONSERVATION PLAN; MAKING FINDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-060. Vice-Mayor Castro explained that she has met with the City of Hollywood, Broward County and the South Florida Water Management District (SFWMD) in an effort to resolve our water issues. She commended Bertha Henry, Broward County Administrator, for trying to find a solution to our future water problems. Vice-Mayor Castro noted that the SFWMD is concerned with saltwater intrusion in our wells. She advised that although the SFWMD gave us most of the wording included in the Water Conservation Plan, they have not yet had a chance to do a final review. Vice-Mayor Castro requested continuance of Resolution#2010-060. Vice-Mayor Castro motioned to continue Resolution #2010-060 until the May 11, 2010 City Commission meeting at 7:00 p.m.; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 4. RESOLUTION #2010-061 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) FORD F-250 VEHICLES FOR THE PUBLIC SERVICES DEPARTMENT IN AN AMOUNT NOT TO EXCEED FIFTY-EIGHT THOUSAND NINE HUNDRED THIRTY SEVEN DOLLARS ($58,937.00); AND THE PURCHASE OF EXTENDED WARRANTIES FOR THE VEHICLES IN AN AMOUNT NOT TO EXCEED FOUR-THOUSAND NINE HUNDRED SEVENTY DOLLARS ($4,970.00) FROM GARBER FLEET SALES, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, USING FLORIDA SHERIFF'S OFFICE CONTRACT PRICING; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION 42010-062 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A MODEL 4720 JOHN DEERE TRACTOR AND A MODEL 400-CX LOADER FOR THE PUBLIC SERVICES DEPARTMENT IN AN AMOUNT NOT TO EXCEED THIRTY-SIX THOUSAND FOUR HUNDRED SIXTY THREE DOLLARS AND 50 CENTS ($36,463.50) FROM JOHN DEERE COMPANY, UNDER THE ORANGE COUNTY SCHOOLS CONTRACT NUMBER 07-07-04 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, April 27,2010—7:00 p.m. 6. RESOLUTION 42010-063 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FINANCE DIRECTOR TO TRANSFER AN APPROPRIATION OF FUNDS FROM THE GENERAL FUND CONTINGENCY ACCOUNT TO THE CAPITAL PROJECT FUND FOR THE C.W. THOMAS PARK AND P.J. MELI PARK CONCESSION STANDS IN THE AMOUNT OF SIXTY-THOUSAND DOLLARS ($60,000.00); PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7. RESOLUTION#2010-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2009-222, PERTAINING TO SPECIAL EVENT APPLICATIONS TO ESTABLISH REGULATIONS PERTAINING TO BEACH WEDDING EVENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTION 42010-065 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE APPROPRIATION AND USE OF LAW ENFORCEMENT TRUST FUNDS IN THE AMOUNT NOT TO EXCEED $4,690.00 FOR THE PURCHASE OF WIRELESS TRANSMITTER AND RECEIVER FOR UNDERCOVER USE BY THE BSO SELECTIVE ENFORCEMENT TEAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION #2010-054 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRI-PARTY INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE SCHOOL BOARD OF BROWARD COUNTY PERTAINING TO AN EDUCATIONAL MITIGATION AGREEMENT FOR THE CITY OF DANIA BEACH REGIONAL ACTIVITY CENTER(RAC); PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION 42010-055 A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH, FLORIDA, REQUESTING A TRANSMITTAL HEARING BY THE BROWARD COUNTY COMMISSION ON OR BEFORE THE AUGUST 10, 2010 COUNTY COMMISSION MEETING, TO CONSIDER LAND USE PLAN AMENDMENTS PCT 10-5- DANIA BEACH REGIONAL ACTIVITY CENTER (RAC); PC 10-9-LOCAL ACTIVITY CENTER MAP AMENDMENT; AND PCT 10-4-DANIA BEACH LOCAL ACTIVITY CENTER (LAC); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-055. Vice-Mayor Castro noted that the City's future depends on this. She explained that the Regional Activity Center (RAC) gives us flexibility in land use, which allows us to improve the quality of life for our residents. Vice-Mayor Castro commended Bob Daniels, Community Development Director, for moving this forward. She further thanked the community for their participation and input. Vice-Mayor Castro motioned to adopt Resolution #2010-055; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes Addendum 11. RESOLUTION #2010-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT FUNDING AGREEMENT ON BEHALF OF THE CITY WITH BROWARD COUNTY PERTAINING TO THE FLORIDA INLAND NAVIGATION DISTRICT PROJECT FOR THE DREDGING OF A PORTION OF THE DANIA CUTOFF CANAL; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-068. Vice-Mayor Castro noted that Dania Beach has been in line for the dredging of the Dania Cut- Off Canal for several years. She indicated that we are ahead of the County on this project. Vice- Mayor Castro advised that this is important to the marine industry and to our residents for the use of the Canal. Vice-Mayor Castro motioned to adopt Resolution #2010-068; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes Commissioner Anton motioned to adopt the Consent Agenda, with the addition of Item #7.11, and the exception of Items #7.3, #7.10, and #7.11; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 8. Bids and Requests for Proposals 1. RESOLUTION #2010-059 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING SUNTRUST BANK AND TD EQUIPMENT FINANCING,AS THE MOST RESPONSIVE AND RESPONSIBLE RESPONDERS TO THE CITY'S $3.5 MILLION REQUEST FOR LIBRARY LOAN FINANCING AND $1.896 MILLION FIRE EQUIPMENT FINANCING, RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. NEGOTIATE FINAL LOAN AGREEMENTS WITH EACH COMPANY; PROVIDING FOR CONFLICTS, FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-059. Mark Bates, Director of Finance, introduced our financial advisor Damon Adams. Damon Adams, Dunlap and Associates, noted he evaluated the proposals and added that the City should be pleased to see several financial institutions interested in providing funds for these projects. He advised that he shared his results with these institutions and they all agreed with their recommendation. Vice-Mayor Castro motioned to adopt Resolution #2010-059; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 2. RESOLUTION #2010-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $3,500,000 CITY OF DANIA BEACH, FLORIDA GENERAL OBLIGATION BONDS, SERIES 2010 PURSUANT TO A BOND REFERENDUM HELD IN THE CITY FOR THE PURPOSE OF FINANCING OF A PORTION OF A PARKING GARAGE AND AN ENTRY ROAD WITH ASSOCIATED INFRASTRUCTURE RELATED TO A DOWNTOWN LIBRARY FACILITY AND PAYING COSTS OF ISSUANCE OF SUCH BONDS; PLEDGING THE CITY'S FULL FAITH, CREDIT AND TAXING POWER TO THE PAYMENT OF SUCH BONDS: AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; PROVIDING FOR CERTAIN DETAILS OF SUCH BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE BONDS TO SUNTRUST BANK, AS THE PURCHASER OF THE BONDS; APPROVING THE COMMITMENT LETTER SUBMITTED BY THE PURCHASER; DIRECTING THE APPLICATION OF THE PROCEEDS OF THE BONDS; APPOINTING THE CITY AS THE INITIAL PAYING AGENT AND BOND REGISTRAR FOR SUCH BONDS; PROVIDING FOR PARTICULAR COVENANTS RELATING TO THE BONDS; AUTHORIZING OTHER REQUIRED ACTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-066. Mark Bates, Director of Finance, introduced Denise Ganz, Bond Counsel. Denise Ganz, Bond Counsel, Ruden McClosky, noted this authorizes the issuance of the bond and incorporates the commitment letter from Sun Trust Bank. Vice-Mayor Castro motioned to adopt Resolution #2010-066; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes Minutes of Regular Meeting $ Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. 3. RESOLUTION#2010-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE MAYOR, CITY MANAGER AND OTHER APPROPRIATE CITY STAFF MEMBERS TO EXECUTE NECESSARY LOAN CLOSING DOCUMENTS WITH TD EQUIPMENT FINANCING TO SECURE $1.896 MILLION FIRE EQUIPMENT LOAN FINANCING AS PLANNED AND APPROVED IN THE CITY BUDGET;PROVIDING FOR CONFLICTS, FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-067. He noted a subsequent resolution will be brought forward at a future meeting. Mark Bates, Director of Finance, noted the financing on the Library and Parking Garage will require additional funding which he will bring forward at a future date. Commissioner Anton asked staff to work with CRA Director Earle and Broward County to look for funding opportunities as opposed to allocating more money from our budget. Vice-Mayor Castro motioned to adopt Resolution #2010-067; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 9. Public Hearines and Site Plans 1. ORDINANCE #2010-006 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3177, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2010-006. Leigh Kerr, Planning Consultant, noted this is our annual update. He advised that the improvements guarantee the required level of service is achieved and maintained over the planning period. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Ordinance #2010-006, on second reading; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 2. ORDINANCE #2010-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN TO AMEND THE REGIONAL ACTIVITY CENTER("RAC") LAND USE CLASSIFICATION AS DESCRIBED IN EXHIBIT"A"ATTACHED TO THIS ORDINANCE,BY INCREASING ACREAGE FOR COMMERCIAL AND EMPLOYMENT CENTER USES; PROVIDING FOR TRANSMITTAL TO THE BROWARD COUNTY PLANNING COUNCIL AND STATE AGENCIES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; REQUESTING RECERTIFICATION FROM THE BROWARD COUNTY PLANNING COUNCIL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2010-007. Corinne Lajoie, AICP, Principal Planner, noted this is an amendment to the previously approved Regional Activity Center (RAC)to allow for commercial and employment center uses. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Ordinance #2010-007, on first reading; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 3. RESOLUTION#2010-056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26, "LANDSCAPING", ARTICLE IV, "VEGETATION", FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2010-056 and Resolution #2010-057 because they are related. Corinne Lajoie, AICP, Principal Planner, noted that Camp Dresser and McKee (CDM), consultant on behalf of the City, is requesting variance and site plan approvals for the construction of a new water processing plant to be located where the existing garage building is Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. today. She provided an overview of the project. Ms. Lajoie advised that the Planning and Zoning Board is recommending approval of both applications. Staff recommends approval of the variance request. As regards the site plan, staff is recommending approval, provided the variance is granted and the applicant addresses staffs comments prior to the issuance of a building permit. Mayor McElyea opened the Public Hearings. David Clark, 411 SE 5' Street, questioned how this project contemplates the elimination of the irrigation system while the Linear Park was built and required irrigation. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearings. Commissioner Duke motioned to adopt Resolution 92010-056, with the inclusion of the 6' concrete wall and a new hedge; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 4. RESOLUTION#2010-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt Resolution #2010-057, with the inclusion of the 6' concrete wall and a new hedge; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 10. Discussion and Possible Action 1. Auditor Engagement Proposal Mark Bates, Director of Finance, noted the representative from Keefe McCullough would like to address the Commission. Cindy Calvert, Keefe McCullough, introduced Bill Benson. She reviewed some of their opinions offered in the Comprehensive Annual Financial Report (CAFR). Ms. Calvert noted they did not Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. identify any deficiencies in internal control over compliance. She provided a handout with financial indicators which is attached to and incorporated into these minutes. They had two comments for improvements in the City: 1) to establish a separate bank account to track the funding for the funds received through the Interlocal Agreement with Broward County for eligible projects in the County redevelopment capital program; 2) the development of a plan to deal with the Marine Fund deficit and the management of the Marina. Ms. Calvert noted it was a difficult year due to the new Finance Director. Commissioner Duke asked if Undesignated Fund Balance was taken into consideration. Director Bates responded no. Vice-Mayor Castro noted she is concerned with the City's debt ratio. She asked Ms. Calvert if they had any recommendations on this issue. Ms. Calvert responded each city has to look at it individually. Mr. Benson responded that if the Commission wants them to look at it, he will be happy to do so. Vice-Mayor Castro suggested asking the auditors to provide us with updated information based on the current projects and the upcoming budget framework. She would like to hear their opinion with each specific project on whether it is better to fund it from cash or to borrow. Vice- Mayor Castro recommended a proposal for consideration at a future meeting. Mr. Benson noted this would be a $2,000.00 cost. Commissioner Duke noted we are an old city, but we have revenue from various locations. It was the consensus of the Commission to request Keefe McCullough to bring a proposal for consideration. Director Bates commended Nicki Satterfield, Assistant Finance Director, on the audit preparation. Director Bates noted Keefe McCullough has requested a continuation for their auditing services with the City. He advised that they are proposing an additional three-year contract with a two- year optional extension. Director Bates noted this item could be brought forward at a future meeting. Commissioner Anton noted he is pleased with the services provided by Keefe McCullough. Mr. Benson noted the original contract allowed for an extension. The proposed contract would include no increase for this year. He asked for Commission consideration of their request. Vice-Mayor Castro noted she is comfortable with Keefe McCullough staying for another three years because we now have a new Finance Director. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. Commissioner Grace requested that this item be brought back at a future meeting. 2. COPS Hiring Recovery Grant Program Mayor McElyea noted this item is continued until the May 11, 2010 City Commission meeting. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton mentioned that Public Works worked on the repairs of the Seawall on 3`d Street and 2"d Avenue and the total cost was under $8,000.00. He noted that Jose Urtecho did a good job in finding a contractor and he is very pleased with the results. Commissioner Anton advised the community that if you do not live in the 65 DNL contour, the sales assistance and purchase assurance program would not apply. He further noted that County Commissioner Ilene Lieberman encouraged staff and her colleagues to move forward with the purchase assurance and/or the sales assistance rather than waiting until the runway is over. Commissioner Anton noted the canvas top discussed earlier is important and should be replaced. Commissioner Anton requested a consensus for the Airport workshop to be held, if possible, during the week of May 10-14. He would like staff to coordinate with Neal McAliley and Kent George to make the presentation. Commissioner Anton noted that we need to get the information to our residents. He suggested using the BSO smart cart and remarked that it is important to have the areas west and east of the Airport involved. Commissioner Anton asked City Manager Baldwin to set the workshop as soon as possible. 11.2 Commissioner Duke Commissioner Duke noted Jose Urtecho and his crew did an excellent job on the Seawall. He said Jose is probably overworked. Commissioner Duke noted that Thunderboat Marina was sold to a new owner. They will clean up the property for the benefit of our residents. Commissioner Duke noted that the Canal is not dredged properly therefore the boats cannot move up the river. Commissioner Duke noted that the budget process is coming to an end in Tallahassee. He commented that some items will positively impact our local economy, including the Indian compact. Commissioner Duke further said that the marine industry is considered a targeted industry therefore our marine operators and boatyards would be eligible for tax credits. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. Commissioner Duke spoke about the possible use of the Seminole Gaming funds. He would like City Manager Baldwin to look into the possibility of converting the clubhouses for Ravenswood Estates and the Estates of Fort Lauderdale into an Emergency Operation Center (EOC) for them to use during hurricanes. Commissioner Duke noted that we currently have a number of time sensitive projects in progress. He hopes that staff is up to the task and that they ask the Commission for help if needed. Commissioner Duke remarked that redevelopment is a dangerous game and we all have to work together. He recognized that staff is doing a great job, and he is proud of all of us. Commissioner Duke advised that the Corridor of Crime will soon be closed. Commissioner Duke noted that the potential purchase of the Pirates Inn is amazing news. It will be exciting to see the building come down and redeveloped. Commissioner Duke noted that we have some new board appointments tonight. He asked City Clerk Stilson to make arrangements for another round of Sunshine Training classes. Commissioner Duke advised that he will attend the Institute of Elected Municipal Officials (IEMO) in August. 11.3 Commissioner Grace Commissioner Grace noted she is delighted to be aboard. She said that campaign promises are easy to put in place if you are sincere about what you do. Commissioner Grace thanked the residents of Dania Beach for allowing her to serve on the Commission again. Commissioner Grace noted that she has two conflicts on May 7: Relay for Life and the Broward League of Cities dinner. Vice-Mayor Castro noted she will attend the Broward League of Cities dinner. Commissioner Grace noted she is happy to see that solar lights have been installed at C.W. Thomas Park. Commissioner Grace agreed that we need to replace the canvas at Frost Park for the Optimist Club. Commissioner Grace thanked staff for bringing her up to speed on what is going on in the City. Commissioner Grace noted she participated in the activities of the American Legion. She hopes that there will be more people attending next year. Commissioner Grace asked everyone that has a project that is completed, to have a workshop to insure that Dania Beach residents will be considered for the jobs that will become available. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. 11.4 Vice-Mayor Castro Vice-Mayor Castro commented the Seminole Indian compact legislation was interesting. She advised she immediately reached out to Bertha Henry, Broward County Administrator, to find out what was happening. Vice-Mayor Castro noted it was good to have a lobbyist in the room to represent the City. She noted that Dania Beach received ten percent which is good for the City because we are directly impacted by that site. Vice-Mayor Castro indicated that we will need to address the traffic again and use some of these funds for improvements to the surrounding neighborhood. Vice-Mayor Castro advised that the Linear Park irrigation system is required by code. She further noted that the irrigation system will be capped off once the plants are set. Vice-Mayor Castro referred to the comments made by Commissioner Duke regarding converting the Ravenswood Estates and Estates of Fort Lauderdale clubhouses into an EOC. She noted this issue has been discussed several times and added that the Red Cross is the only governed body to declare a specific location as a shelter. Vice-Mayor Castro explained some of the requirements for a site to be used as an EOC. She suggested that Fire Chief Fernandez or Deputy Chief Cassano approach the idea in a very tactful way. Vice-Mayor Castro noted that Frank Herhold, Marine Industries Association of South Florida, is retiring this summer. She wished him well on his retirement. Vice-Mayor Castro advised she is still working with the Florida League of Cities regarding Ethics, Lobbying and Election Codes. They will soon be providing her with the requested information. Vice-Mayor Castro noted that the Estates of Fort Lauderdale have submitted seven locations for speed humps and they were told there is no money budgeted for that. She asked City Manager Baldwin to contact them on this issue. Vice-Mayor Castro noted that we were able to waive the application fees for the Ravenswood Estates to use CBS construction. She indicated that these are very low income families and they may not be able to find the money to pay for their public hearing advertising costs. Vice-Mayor Castro asked staff to contact the president of their Homeowners' Association to look at some of their suggestions. Vice-Mayor Castro noted she had received complaints from the neighbors of an abandoned house located at 822 or 823 SW 8n' Street. She thanked staff for taking care of the problem for the benefit of our community. Vice-Mayor Castro spoke about our water issue. She thanked the County for assisting us with the South Florida Water Management District (SFWMD). Vice-Mayor Castro also thanked the SFWMD representatives for considering our proposal. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. Vice-Mayor Castro noted that the Pirates Inn deal is very exciting news. She thanked Hank Thomas for taking the project into his own hands. Vice-Mayor Castro indicated that at the last CRA meeting she asked Director Earle to look into acquiring the Pirates Inn and/or the Dania Beach Hotel. She remarked we still have $900,000.00 in capital redevelopment funds with the County and suggested we discuss this matter at the next CRA meeting. Vice-Mayor Castro asked for an update on the litigations with the Beach Watch Restaurant and the Dania Beach Hotel at the next Commission meeting. 11.5 Mayor McElyea Mayor McElyea complimented Dominic Orlando, Director of Public Services, for taking care of the water issue on 5t'Avenue and P Terrace. Mayor McElyea noted he talked to Director Orlando about closing the alley behind Stuart's Garage. Mayor McElyea noted that the Estates of Fort Lauderdale Clubhouse is a nice building, but too close to the water. He thought they need a better structure that would hold a hurricane. Mayor McElyea noted that 5a' Avenue would need fresh water to grow anything. He remarked that Cypress trees were a bad idea. Vice-Mayor Castro commented that the water usage went up a few months ago but we are now back into the normal range. She noted it may be due to flushing of the fire hydrants. 12. Appointments 1. Airport Advisory Board Commissioner Grace appointed Ron Erving,Boisy Waiters,Jr., and Jimmy Crimminger 2. Charter Review Board Commissioner Grace appointed Jackie Ford and Charlotte Sloboda 3. Grant Advisory Board Commissioner Grace appointed David Clark 4. Green Advisory Board Commissioner Grace appointed Edward Darling 5. Marine Advisory Board Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. Commissioner Grace appointed Albert Owler, Peggy McKenna and Clayton Bailey 6. Parks, Recreation and Community Affairs Advisory Board Commissioner Grace appointed Jeffrey Hatcher and A. Ivie Cure 7. Planning& Zoning Board Commissioner Grace appointed David Nuby Jr. Vice-Mayor Castro motioned to approve the appointments; seconded by Commissioner Duke. The motion carried 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted that the mid-year budget review will be included in the next Commissioner agenda. 13.2 City Attorney City Attorney Ansbro noted that the Charter Review Board would like to have a workshop with the Commission, to review their recommendations, sometime in mid May. He indicated that City Clerk Stilson will contact them to set a date convenient for everyone. 13.3 City Clerk - Reminders Wednesday, May 5, 2010 - 6:00 p.m. CRA Board Meeting Tuesday, May 11, 2010 - 7:00 p.m. City Commission Meeting Thursday, May 20, 2010 - 6:00 p.m. Abatement Hearing Tuesday, May 25, 2010 - 7:00 p.m. City Commission Meeting 14. Adiournment Mayor McElyea adjourned the meeting at 10:05 p.m. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,April 27,2010—7:00 p.m. ATTEST- CITY CITY OF DANIA BEACH LOUISE STILSON, CMC C. K. 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O dJ .O .� E `1 f6 G i � cn � _0 O O N O O O O O •� v � L.L AL LU i rim W E E 0 V Co 0 rm 31�OA � 0 cr ON 4 The Story of St. Pete Beach: An Amendment 4 "Testing Ground" Since beginning a 3-year experiment in Amendment 4-style rule,St. Pete Beach residents have seen endless lawsuits,wasted taxpayer dollars and widespread economic turmoil.[i] In November, 2009, the citizens of St. Pete Beach scaled back their local version of Amendment 4 so that only certain land use changes require a referendum, While Florida voters are set to soon decide the fate of Amendment 4—a statewide Vote on Everything initiative—St. Pete Beach voters have chosen to rein in their own local experiment by a decisive 60-40 margin. "St. Pete Beach residents are tired of voting on everything,especially issues that don't even relate to development," said Ward Friszolowski, former Mayor of St. Pete Beach. "This amendment doesn't work. It has resulted in chaotic,confusing and expensive elections driven by sound bites rather than sound planning." The St. Pete Beach TIMELINE: November, 2006: St. Pete Beach narrowly adopts a local version of Amendment 4, requiring a referendum for all changes to the local comprehensive plan.Amendment 4 supporters promise that they just want to give "the people a right to vote." June, 2008: St. Pete Beach voters approve a new comprehensive plan at the ballot box. June, 2008:After losing the election,Amendment 4 supporters in St. Pete Beach file a string of legal challenges to invalidate the will of the people. September, 2008: Numerous administrative challenges are subsequently filed by Amendment 4 co- author and co-founder Ross Burnaman. June, 2009:The St. Petersburg Times reports that St. Pete Beach has exhausted its legal budget months before the end of the fiscal year.[ii] Paid political advertisement—paid for and sponsored by Citizens for Lower Taxes and a Stronger Economy,Inc.,610 South Blvd.,Tampa,FL 33606 September,2009:Amidst rising legal bills,St. Pete Beach raises its millage rate.[iii] October,2009:Court-ordered mediation collapses when Amendment 4 supporters refuse to join the City and the business community in supporting a compromise.[iv] November,2009: St. Pete Beach residents vote decisively to scale back their local experiment in Amendment 4. St. Pete Beach is proof positive that Amendment 4 is not designed to give the people a say on growth. It is designed to give anti-growth lawyers another legal avenue to stop commonsense progress,even when voters approve it. In St. Pete Beach,the taxpayers' legal bills continue to mount. Unfortunately,there is no end in sight. Citizens for Lower Taxes and a Stronger Economy leads opposition to Amendment 4.To date, more than 200 organizations throughout Florida have opposed Amendment 4. More join the fight every day. Please visit www.florida2010.org. [i)St.Petersburg Times on September 22,2009("St.Pete Beach tax rates goes up,but will It be felt?'): http://www.tampabav com/news/loralgovernment/st-oete-beach-tax-rate-goes-up-but-will-it-be-felt/1038346 [III St.Petersburg Times on June 1,2009("St.Pete Beach's legal costs bust budget") [lil)St.Petersburg Times on September 22,2009("St.Pete Beach tax rates goes up,but will it be fe8?'): http://www tampabav com/news/lowinovernment/st-oete-beach-tax-mte-goes-uo-but-will it be felt/1038346 [iv)St.Petersburg Times on November 4,2009("Mediator declares impasse In talks to end St Pete Beach development lawsuits"): htto://www.tampabay com/news/loulilovernment/mediator-declares-impasse-in-talks-to-end-st-oete-beach-0evelooment/1049083 Paid political advertisement—paid for and sponsored by Citizens for Lower Taxes and a Stronger Economy,Inc.,610 South Blvd.,Tampa,FL 33606 am Amendment 4: Higher Taxes,axes, Fewer Jobs, More Lawsuits Amendment 4—a statewide "Vote on Everything" initiative—is a grave threat to Florida's future.This proposed re- write of the Florida Constitution will imperil Florida's economy and unique quality-of-life. The amendment subverts a well-established and democratic planning process while threatening Florida's prospects for economic recovery. With the"Vote on Everything'amendment, citizens—not the representatives they elected—are forced to regularly decide hundreds of technical land-use planning issues at the ballot box. Much is at stake for all Floridians: • The disruption to the daily lives of Floridians will be extraordinary.Taxpayers will be required to fund elections for each proposed comprehensive plan change—not just major projects, but even minor technical details. It will not be unusual for the voters to face 200 to 300 comprehensive plan changes every year. In the last four years alone,this amendment would have required an average of over 10,000 additional local referenda per year in Florida.According to a review of state records, if Amendment 4 had been law in 2006,the residents of Carrabelle,a small Franklin County town,would have voted 617 times! • The disorder will further disenfranchise Florida's electorate.Voters will be deluged with highly technical background materials prepared by local government planning staff.The legalese of proposed comprehensive plan changes,often puzzling for expert engineers and attorneys,will further dampen voter turnout. Lines at voting booths will grow as Floridians attempt the virtual impossibility of voting on hundreds of separate and often confusing ballot questions. • The cost to Florida taxpayers will be astronomical. Every city and county in Florida will be burdened with the time and cost of holding additional elections to vote on proposed changes to comprehensive land use plans.The Orlando Sentinel notes that these costs would "soar into the millions." And in these difficult economic times, local taxpayers will have to pick up the bill. • The result will be a system that is far worse, not better.That's why respected environmental leaders refuse to support the amendment.They know this proposal will transform every planning decision into a political campaign,thereby encouraging sprawl and making smarter growth impossible. The "Vote on Everything'amendment has already been a disaster in St. Pete Beach—the small Pinellas County town that adopted a local version of this proposal in 2006.Since then, residents have suffered through endless litigation,which has caused costs to spiral out of control and turned St. Pete Beach into a battleground for out-of- town lawyers and special interest groups. Now,this amendment threatens to go state-wide.Amendment 4 will appear on the November,2010 ballot. Citizens for Lower Taxes and a Stronger Economy leads opposition to this measure.To date, more than 200 organizations throughout Florida have opposed Amendment 4. More join the fight every day. Paid political advertisement—paid for and sponsored by Citizens for Lower Taxes and a Stronger Economy,Inc.,610 South Blvd.,Tampa,Fi.336C Memo To: DANIA BEACH CITY COMMISSION From: JAY FIELD, CHAIRPERSON OF THE DANIA BEACH AIRPORT BOARD Date: APRIL 26 2010 Subject: Law firm Case & White,artistic renderings 1. Recommend to the Dania Beach City Commission to continue funding the law firm of Case & White in the current legal action. 2. Recommend to the Dania Beach City Commission do artistic renderings of possible mitigation measures such as berms and landscaping to minimize impacts from airplane noise should the south runway be extended. Perhaps the Mellgren Group could implement the project. BK VARD COUNTY AVIATION DEPARTMENT-Fort LauderdalslHotlywood International Airport 100 aviation BoUWvafd•Fort Lauderdala.Florida 33315.95e 36"100 MEMORANDUM DATE: April 23, 2010 TO: Broward County Board of County Commissioners FROM: K.G. George, Director of Aviation SUBJECT: Questions and Answers: Proposed Draft Noise Mitigation Plan The attached material is being provided in answer to questions raised by Commissioners during individual briefings regarding the Proposed Draft Noise Mitigation Plan. Item 39 of the April 27. 2010 Commission agenda requests Board approval to forward the Proposed Draft Noise Mitigation Plan to the City of Dania Beach for review and comment. C: Bertha Henry, County Administrator Pam Madison, Assistant County Administrator Monica Cepero, Assistant to the County Administrator Evan Lukic, County Auditor Jeffrey Newton, County Attorney Browerd couc"Board of cam"commmon" SA GunrWW Kr4W D Jambe•AbW C.Jn •Ken KWCN•0ene¢IlOarrrrr9 RW-John E.Rods#om.Jr •DWA Wmeerma -Rubin•Lois Weaver www.brOMirtlp�q Individual briefing sessions were scheduled with each Commissioner regarding the Proposed Draft Noise Mitigation Plan during the weeks of April 5 and April 12. Aviation Department representatives and a member of the County Attorney's Office were present at each briefing. The following are responses to concerns identified by the individual Commissioner's regarding the Proposed Noise Mitigation Plan. 1. Question: The Market Absorption Study data is old. Will this data be updated? Answer: A new Market Absorption Study was ordered, and the updated study covers the time period November 2008 through March 2010. The updated study determined the absorption rate for the Noise Impact Area has increased from 19 to 22 properties annually. The updated Market Absorption Study is attached. 2. Question: How many empty residential lots are located in the Noise Impact Area? Answer: There are 24 vacant parcels within the noise impact area covered by the Proposed Draft Noise Mitigation Plan, two of which are large and owned by development companies. 3. Question: Can the County purchase the empty lots located in the Noise Impact Area? Answer: The County Commission recommended in their noise mitigation principles the purchase of the vacant land parcels. The Federal Aviation Administration's (FAA) Record of Decision (ROD) did not approve this County principle, because the underdeveloped parcels are currently a compatible, non-residential use, since there are no residences located on them. The FAA indicated that acquisition of the vacant parcels could be addressed under a Part 150 study. 4. Question: Are the owners of the vacant parcels able to pull building permits? Answer: These parcels are located in the City of Dania Beach. The City of Dania Beach, Director of Community Development has indicated that the city is drafting a delegation request to address this issue. Once prepared, the city will submit the request to County Administration for placement on an upcoming agenda. 5. Question: Why is the Sales Assistance Program proposed to be limited to properties located in the 65+ DNL? Answer: The Sales Assistance Program would be offered to those properties that are considered incompatible to the airport because they are located in the 65+ DNL established by the FAA as the noise threshold. The properties in the "adjacent neighborhoods" are located in a noise contour that is below the 65+ DNL noise threshold established by the FAA and are therefore not considered an "incompatible" land use. They would be eligible for the Sound Insulation Program as part of the County Commission's request and the FAA's authorization to provide mitigation to neighborhoods. 6. Question: How will the programs be funded? Answer: BCAD has already established a noise mitigation bank of $35 million which was funded by of Passenger Facility Charges. This money would be utilized as the 20% matching funds to the FAA's 80% funding grants to complete the programs. 7. Question: Can we purchase the mobile home units and not the mobile home park? Answer: The purpose of the Proposed Draft Noise Mitigation Plan is to make the surrounding incompatible land use compatible with airport operations. In order to do this, the Mobile Home Park land must be purchased by the County and rezoned or restricted to a more compatible use. Purchasing the mobile home units, would not change the underlying land use of the mobile home park. B. Question: Will homeowners have to pay tax on the differential received from the County as part of the Sales Assistance Program? Answer: The FAA has stated the differential would not be considered income. The homeowner could be subject to capital gains tax, if the homeowner makes a profit on the sale of the home. 9. Question: Will the properties in the Sound Insulation Program be subject to increased property taxes as a result of the improvements? Answer: According to the Property Appraisers Office, the participants of the Sound Insulation Program will not be assessed on the improvements related to the Sound Insulation Program. 10. Question: Why are property owners not required to sound insulate their properties prior to participation in the Purchase Assurance Program? Answer: The ROD states that Purchase Assurance Program if chosen but not recommended by staff, will be offered to homeowners who decline participation in the Sound Insulation Program. 11. Question: Why are multi-family units not included in the Sales Assistance Program? Answer: The purpose of the Sales Assistance Program is to provide property owners who occupy their home the opportunity to relocate if they determine the sound insulation treatments are not effective for them. Since multi-family properties are used as income properties, Sales Assistance for the landlord-owner would not provide mitigation to the tenant occupants of the property. However, multi-family units are eligible for the Sound Insulation Program. 12. Question: Is there a requirement on the length of time of ownership for participation in these programs? Answer: In the Pilot Program there is no length of ownership requirement. As the full scale programs are developed, if the length of ownership requirements are determined to be necessary, BCAD will advise the Commission. 13. Question: In the Purchase Assurance Program, what determined the estimate to resell the home at 50% of the FMV? Answer: The FEIS estimated for a 50% resale value as a "worst-case scenario" in terms of evaluating costs of the various programs. 14. Question: The cost estimated for the various programs are old. Will they be updated? 15. Answer: The Pilot Program will provide the data necessary to determine an updated cost estimate for the Sound Insulation Program. Actual program costs for Sales Assistance or Purchase Assurance will be utilized to determine updated costs for those projects. In response to concerns about the Proposed Draft Noise Mitigation Plan, the document has been revised to clarify the County Commission's determination to not require avigation easements for sound insulation treatments (pg. 1), to further explain how the Fair Market Value for the Mobile Home Parks will be determined (pgs 5 and 22) and to clarify that an avigation easement will be placed on any properties purchased by the County under the Purchase Assurance Program (pg 6). April 12, 2010 Mr. Howard W. Steinholz President The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 RE: Broward County Aviation Department Cost Estimating Consulting Services Updated Residential Absorption Analysis Task Dear Mr. Steinholz: In accordance with your request,below is the scope of services for the above reference task: ♦ Research, review and analyze sales market data within the 3 designated areas of sales within a 16 month time period from November 2008 to March 2010. ♦ Sales will be subdivided into single family, condominiums (including townhouses) and multi-family. ♦ Establish a threshold of releasing additional residential units into the market place due to the project. ♦ Discuss the affects of foreclosures on this process ♦ Report the findings in a logical manner. There are three neighborhood market areas identified in this analysis which primarily comprise of single family homes, duplexes, condominiums and apartment buildings. Each area's location will be described, with a synopsis of the market data findings of each particular area included on the following pages. Area 1 Area 1 is described as being located west of I-95, lying between Griffin Road on the south and the Dania Cut-off Canal on the north, SW 36t' Avenue on the west and SW 21n Avenue on the east. Research of the Multiple Listing Service (MLS) this neighborhood yielded the following results for the 16 month time period from November 15,2008 to March 15, 2010: The total for single family houses was 32 listings which were either active (marketed), closed sales and pending sales. Below is a chart showing the number of listings. 15 12 5 8490 SR 84♦Davie,Florida 33324 Telephone: (954)916-3400♦Faceimile:(954)452-4243♦E-mail:ap_pn@bellsouth.net April 12, 2010 Mr. Howard W. Steinholz Page 2 The total for condo units was 8 listings which were either active (marketed), closed sales and pending sales. Below is a chart showing the number of active listings. 0 There were no multi-family building listings that were either active (marketed), closed sales or pending sales. Absorption Rates for Area 1 Single Family Units Based on MLS, there have been 12 closed sales over the past 16 months which indicates an absorption rate of.75 sales per month. Based on the number of active listings it will take about 20 months to sell the existing inventory in this area. Condo Units Based on MLS, there have been 4 closed sales over the past 16 months which indicates an absorption rate of.25 sales per month. Based on the number of active listings it will take about 16 months to sell the existing inventory in this area. Foreclosures There was one property listed as active single family home listed as REO (Real Estate Owned), four of the closed sales were REO and one pending. In the condo category, one active listing indicated it was an REO and three closed sales were REO. Area 2 Area 2 is described as being located east of I-95 and south of the airport, lying between New & Old Griffin Roads and west of Federal Highway(US-1). Research of the Multiple Listing Service (MLS)this neighborhood yielded the following results for the 16 month time period from November 15,2008 to March 15,2010: The total for single family houses was 27 listings which were either active (marketed), closed sales and pending sales. Below is a chart showing the number of active listings. s 13 14 0 There are no condo units in this market area. The total for multi-family units (mostly duplexes) was 1 listing is a pending sale. Below is a chart showing the number of listings. " Aft C"Flio 0 1 0 1 84"SR 84♦Davie,Florida 33324 Telephone: (954)916-3400• Facsimlie:(954)452.4243♦E-mdl:age_pa@belleoodi.net ,,x April12, 2010 Mr. Howard W. Steinholz Page 3 Foreclosures There were three properties listed as active single family homes listed as REO (Real Estate Owned) and one of the closed sales was an REO. There was none indicated in the multi-family category. Absorption Rates for Area 2 Single Family Units Based on MLS, there have been 14 closed sales over the past 16 months which indicates an absorption rate of.88 sales per month. Based on the number of active listings it will take about 15 months to sell the existing inventory in this area. Condo Units There are no condos located in this area. Multi family Units Based on MLS, there have been no closed sales over the past 16 months. There is one pending listing. Since there are no records of sales within the past 16 months in this market area, an absorption rate cannot be determined for this classification. Area 3 Area 3 is described as being located east of Federal Highway (US-1), between NE 5a' Avenue and Gulfstream Road and south of the Dania Cut-off Canal. Research of the Multiple Listing Service (MLS) this neighborhood yielded the following results for the 16 month time period from November 15, 2008 to March 15,2010: The total for single family houses was 4 listings which were either active (marketed), closed sales and pending sales. Below is a chart showing the number of active listings. I 3 0 The total for condo units was 37 listings which were either active (marketed), closed sales and pending sales. Below is a chart showing the number of active listings. 15 16 6 There are two apartment complexes located within the area and they have not sold and/or are on the market for sale based on MLS. 84"SR 84 4 Dade,Florida 33324 Telephone: (954)916-3400 4 Facaimnc:(954)45I4243 0 E-man:2P pa®bellwu&net April 12, 2010 Mr. Howard W. Steinholz Page 4 Foreclosures There were no single family properties as REO(Real Estate Owned). In the condo category, two active listings indicated they were REO and eight closed sales were REO. Absorption Rates for Area 3 Single Family Units Based on MLS, there have been 3 closed sales over the past 16 months which indicates an absorption rate of.19 sales per month. Based on the number of active listings it will take about 5 months to sell the existing inventory in this area. Condo Units Based on MLS, there have been 16 closed sales over the past 16 months which indicates an absorption rate of 1.0 sale per month. Based on the number of active listings it will take about 15 months to sell the existing inventory in this area. Multi family Units There are two apartment complexes located within this area. Neither has sold in recent years and MLS has no listings within the immediate area. Thus, an absorption rate for this area cannot be determined. Sales of these types of properties would have to have an expanded market area. Effects of Foreclosures on the Market Forecloses within a neighborhood may or may not affect values or marketability. It depends on the number of foreclosures, since purchasing a foreclosed property posed risks to a potential buyer. A foreclosed property takes longer to purchase and may have been neglected for a period of time. Foreclosed properties are typically purchased "as-is" Therefore, buyer may face potential additional maintenance costs that at are not typically found in a typical dwelling for sale that has been occupied. If there's sufficient buyer demand and/or properties are fairly different from each other, having a foreclosure property added as a listing shouldn't affect the values or marketability of surrounding properties. $490 SR 84 4 Davie,Florida 33324 Telephone: (954)916-3400 4 Facsimile:(954)452-4243 4 E-mail:up—Pa@bellsouth.net .�a.:...mn..,........�..,.a.._....::....�.� -«..�..�,...,..,:.m.w.,�.r.......«:.M.,..., .,...,... .�:....`.:J,..e..... ..>...:..- .:.....,...:.� _...:.,..._, ;..,w..:.;......muw:a.:.[.ti.. .....,ck«i April 12,2010 Mr. Howard W. Steinholz Page 5 Conclusions Based on the period analyzed current market conditions it appears that in all three neighborhood market areas the absorption rates for all types of units have increased. Thus, based on this analysis, it is apparent that if more residential units were to be placed on the market at this time, the absorption rate would decline based on data analyzed. However, the real estate market is "elastic", that it expands and contracts. Since we are currently in a down market, the expectation is that this will change in the future and the absorption rates will change with it. However, current economic trends indicate that this may not happen for least another year. Another consideration regarding absorption is that fact that if houses are purchased, sound insulated and placed back on the market a "submarket" is created for these homes. This submarket in essence would create a lowering of asking prices by those existing listing owners marketing their properties for sale who haven't relied on assistant from the county. In addition, if the units placed back on the market have been modified/renuodeled, these units may not have the same absorption rates as other units on the market which were not modified/remodeled in compliance with the noise mitigation program We appreciate the opportunity to be of service to you. If you have any further questions,please do not hesitate to contact me at(954)916-3400. Respectfully submitted, ADRIAN GONZALEZ&ASSOCIATES,P.A. i G. Adrian Gonzalez,Jr., ASA President State-Certified General Real Estate Appraiser License Number RZ 1555 Enclosures Ak AG A 8490 SR 84 Davie,Florida 33324 Telephone: (954)916-3400 4 Facsimile:(954)4524243 4 E-mail: aga—Pa@bellsouth.net QUALIFYING ASSUMPTIONS AND LIMITING CONDITIONS 1. The purpose of this to estimate is to provide the client, Broward County Aviation Department (BCAD), through The Urban Group/Earth Tech (TUGIET), an absorption analysis of residential units for three specific areas. 2. This assignment is provided for information and planning purposes only. 3. Resources used to provide this estimate include: First American Real Estate Solutions©, Google Earth aerial photography, Broward County Property Appraiser's Pages, the Multiple Listing Services, as well as other pertinent real estate information found in our files. Sales/listing dates range from 2008 to present. 4. Information furnished by others is assumed to be true, correct and reliable. A reasonable effort has been made to verify such information; however, the appraiser/consultant assumes no responsibility for its accuracy. 5. The appraiser/consultant, by reasons of this estimate, is not required to give testimony in court with reference to the any of the properties herein, nor is he obligated to appear before any governmental body,board or agent except those previously made. 6. Disclosure of the contents of this estimate is governed by the By-Laws and Regulations of the Professional Appraisal Organizations with which the appraisers are affiliated. 7. Employment in and compensation for making the estimate are in no manner contingent upon the indications of value reported. 8. Neither all, nor any part of the content of this estimate or copy thereof (including conclusions as to the estimated values, the identity of the providers, professional designations, reference to any professional organizations,or the firm with which the appraisers are connected); nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media,without written consent and approval of the appraisers/consultants. 9. This report is prepared for the sole use of the Broward County Aviation Department and their consultant The Urban Group/Earth Tech(Aecom),for planning purposes. 84"SR 94 4 Davie,Florida 33324 Telephone: (954)916-3400 4 Fecslmlle:(9S4)4524243 4 E-mail:oga_po®bellwoth.net REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: 7 ,20/0 PRINT NAME: �I�R Zt CIL ADDRESS: P, 0, 5'1:7- A- PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) 0 CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: COa1CMr�`JIQ ioNs -t' -yeP�',r (v7d-2 2) r _PUBLIC HEARINGS-ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93, REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc f REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: 7 20 w PRINT NAME: lle` n ADDRESS: 0� 7 sUJ J 4Vr b A/VZ 9 ErC PHONE N (optional): ^ PLEASE V ONE OR BOTH OF THE BOXES BELOW: I) ! _CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments'period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: �i9.yU�s 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendatPUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk,before the eettng begins. DATE OF COMMISSION MEETING: 7 20� PRINT NAME: _In jr Injr ADDRESS: `7ydl Sd) 38 7-emace NAi-e- PHONE NO. (optional): q PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) k CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty30 minute"Citizen Comments"period shall ( ) be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:rC< p fAen d ' nt (-o��-IYD04 j4d 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\AgendalPUBLIC SPEAKING FORMdoc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING:` f"' Z ,Z , 20/1) PRINT NAME: ADDRESS: PHONE NO. (optional): PLEASE CHECK Qa,,Qg BOTH OF THE BOXES BELOW: 1) _ CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) ' PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93, REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: 2016�j PRINT NAME: ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: I) _CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MA (OF YOUR COMMENT: e T.r/ �S 2) -' _PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendalPUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: 20 /D PRINT NAME: " `j o j<o I ADDRESS: 601 P to 10-at ST, T#04 PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) ' V CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: CoMVAUPI-Cof -+- C61tr5 lRoGKkAta 400 CoAAIK .JTS A13oaT b«rz N(TU 2) r- _PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICLll-' MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. 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N O 0 J � o 4 Q V` o 0 0 Y LO o Un Z Q ($)uelsuoo) Z Z m dud I dx3 le)ol Li W m CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 27, 2010 TO: Robert Baldwin, City Mane r JUA� FROM: Robert Daniels, Director Corinne Lajoie, AICP, Principal Planner SUBJECT: Water Supply Report Since the last City Commission meeting staff and consultants have continued negotiations with the South Florida Water Management District (SFWMD) and Broward County on potential solutions. Broward County Raw Water Solution A meeting was held on April 23, 2010 among the City, its consultants, Broward County and the SFWMD to continue discussions on a potential solution that would involve the purchase of raw water from Broward County. Up until this meeting the parties had been discussing ways to take advantage of the development of a new well field by the City of Hallandale Beach and the reallocation of water from the South Regional Well Field. The purpose of the meeting was to discuss how the City can provide a commitment for an alternative long-term (2020) water supply that is satisfactory to the SFWMD while the Broward — Hallandale Beach solution is being developed. Broward County staff confirmed that it may have identified a source of raw water that will be available for use by the City in an amount sufficient to meet its long term needs prior to the development of the Hallandale Beach wellfield. If that source proves to be available the City would be able to utilize the existing agreement between the City and County. City, County and SFWMD staff are analyzing this potential solution. An update will be provided at the May 11, 2010 City Commission meeting. Well G A brief discussion was also held at the April 23 meeting with regard to the status of the Well G project. The SFWMD staff indicated that questions still remain about the methodology for the safe yield study that is required as a condition of the Consumptive Use Permit. The City's consultants have been advised and are coordinating with the SFWMD to resolve its concerns. STAFF RECOMMENDATION Information only.