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HomeMy WebLinkAbout1995-06-13 Regular City Commission Meeting MinutesINVOCATION REVEREND LEWIS PLEDGE OF ALLEGIANCE ROLL GALL Present: MINUTES DANIA GITY COMf,IISSION REGULAR MEETING ,uNE 13, 1995 Mayor: Vice Mayor: Commissioners: City Manager: City Attorney: Acting City Clerk: Bill Hyde John Benino Bobbie Grace Albert Jones Bob Mikes Robert Flatley Frank Adler Marie Jabalee PRESEI{TATIOI{S *Fire Administrative Report Chief Grammer mentioned that his depanment is working with Memorial Hospital to implement an emergency program for elderly persons that would identify a person's medical history and medications being taken in the event the person becomes unconscious. Chief Grammer advised that the Fire Department is offering safety classes to civic groups and businesses in the City on how to use fire extinguishers and first aid and anyone who is interested may contact the Fire Department. Chief Grammer mentioned his attendance at the Governor's Hurricane Conference that provided information on how to handle people with special needs along with other emergency measures during a hurricane. Chie{ Grammer presented a brief background on Chester Bolton's expertise and service as a Firefighter over the past 18 years with the City of Dania which has awarded him the quarterly Firefighter Award. "BSO Deputy of Month 1REGULAR MEETING JUNE 13, 1995 Chief Frey, BSO, awarded the Deputy of the Month for May to Deputy Darrin Dowe for his outstanding performance in conducting a successful narcotics investigation in the southwest section of Dania which resulted in recovering 11 grams of cocaine and 83 grams of marijuana. 'fAwards to Deputies Pato & Tarrant Mayor Hyde informed the public that the National Sheriff's Association has awarded Deputy Richard Tarrant and Deputy Ivan Pato the prestigious National Sheriff's Association Medal of Merit for their bravery and valuable contributions ro rheir community. Mayor Hyde extended his personal appreciation to the deputies for their contributions to fighting crime in the City of Dania. Deputy Pato expressed appreciation to the City and BSO for supporting them and providing them the opportunity to implement their ideas for fighting crime in the communiry. Commissioner Grace advised the public that she has no intention of taking anfhing av/ay from the officers who are being honored tonight but that there have been numerous complaints brought to her attention regarding unprofessional conduct by some of the BSO deputies when dealing with the public. Commissioner Grace asked Chief Frey to schedule a meeting with Sheriff Conchran and the community so that the public can have an opponunity to express their concerns. Chief Frey explained that his office is open to the public and that he investigates all inquiries that come to his attention. Commissioner Jones advised that he was privy to information regarding an incident that took place that the other Commissioners were not and asked that all Commissioners be given the same information. Chief Frey advised that the report on the incident in question is being forwarded to him and that he cannot pursue public investigations until a repon is filed. Chief Frey encouraged the Commission and public to let him know of any problems they encounter so that his office can address them. PULLED FROM THE CONSENT AGENDA Commissioner Grace pulled items 1.8 and 1.9 and Commissioner Mikes pulled items 1.5 and 1.11 from the Consent Agenda. 1. CONSENTAGENDA Minutes 1.1 May 9., 1995, regular meeting 1.2 May 23,1995, regular meeting Bills 7.3 Approval of bills paid in the month of April, 1995. Resolutions 2REGULAR MEETING ,uNE 13, 1995 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CONSTITUTING ANDAPPOINTING AN ADVISORY BOARD TO BE KNOIX,rI\I AS THE COMMUNIfi AFFAIRS ADVISORY BOARD; DEFINING GENERALLY THE PURPOSES AND DUTIES OF SUCH BOARD; PROVIDING A METHOD OF APPOINTING MEMBERSOF THE BOARD; PROVIDING FOR THE AUTHORITY OF THE BOARD TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION OF THE CITY OFDAMA ON MATTERS \NTHIN THE SCOPE OF THE AUTHORITY OF THE BOARD; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONSIN CONFLICT HERETTITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETIOTEEN CITY OF DANIA AND SOLAROLL SHADE & SHUTTER CORPORATION IN RELATION TO SUPPLY AND INSTALLATION OFACCORDION AND ROLL-UP SHUTTERS AT THE CITY OF DANIA ADMINISTRATIVE CENTER PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREIOTITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS \TATER FLIND BUDGET FOR THE FISCAL YEAR 1994-95, BY MAKING LINE ITEM CHANGES BET\GEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE\TITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.10 "A RESOLUTION OF THE CITY OF DANIA, FLOzuDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR A GRANT BEING OFFERED THROUGH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BOATING IMPROVEMENT PROGRAM, FOR RECONSTRUCTION AND REPAIR OF THE BOAT DOCK AT "HOUSTON PARK"; AND PROVIDING FOR AN EFFECTIVE DATE." Ordinances 1.12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 1, ARTICLE 2 OF PART IX AND SECTION 1, ARTICLE 3 OF PART XI OF THE CITY CHARTER TO ELIMINATE THE REQUIREMENT OF REAL PROPERTY O\TNERSHIP TO BE ELIGIBLE TO SERVE AS A MEMBER OF THE "AIRPORT ADVISORY COMMITTEE" OR THE "CITY PLANNING AND ZONING BOARD"; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE\TITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." The motion passed on the following roll call vote: 3 JUNE 13, 1995 A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the Consent Agenda with the exception of items 1.5, 1.8, i.9 and 1.11. REGULAR MEETING Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Benino- yes ITEMS PULLED FROM THE CONSENT AGENDA 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLOzuDA, APPROVING LEASE BET\TEEN THE CITY OF DANIA AND THE LINITED STATES OF AMEzuCA RELATING TO PLACEMENT OF MOVING TARGET INDICATOR (MTD REFLECTOR ON CITY O\TNED PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE." City Attorney Adler explained that the lease approval for this item involves a single telephone pole with a reflector on the top that is located on the east side of the extension of Taylor Road going south which has been in this location for years. City Manager Flatley explained that this reflector has been on this pole for more than 20 years and that a request has come from the U.S. Department of Transponation to approve a lease to legalize the matter. Mr. Adler advised that he added a cancellation clause in the lease. A motion was made by Commissioner Jones, seconded by Vice Mayor Benino to adopt the Resolution approving Federal Aviation Administration (FAA) Lease No. DTFAO6-9 5-L-137 52 covering the Moving Target Indicator (MTI) site located on NE 7 Street. The motion passed on the following roll cali vote: 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN \TIRE TRANSFER AGREEMENT \TITH THE FAMILY BANK OF HALLANDALE AND APPOINTING ROBERT F. FLATLEY, CITY MANAGER AND MARIEJABALEE, FINANCE DIRECTOR/ACTING CITY CLERK, ACTING SINGLY, AS ITS AUTHORIZED REPRESENTATTVES IN SUCH MATTERS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE\flTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." Commissioner Grace reminded the Commission that there are some changes going on with the City Manager and City Clerk positions and until these positions can be discussed at the Budget Workshop that this Resolution may need to be continued. Marie Jabalee, Acting City Clerk,/Finance Director, advised that currently there is a Resolution in place that authorizes \i(anda Mullikin and herself to make wire transfers. She explained that the resolution would remove Wanda Mullikin's name and add City Manager 4REGULAR MEETING JUNE 13, 1995 Commissioner Jones - yes Vice Mayor Bertino- yes Flatley and herself so that there would be two people in the City that would be available to make these trans{ers. Commissioner Jones asked why the Resolution could not just include the City Manager or Finance Director instead of having to inciude the acual names and Mrs. Jabalee agreed that the names do not have to be included in the resolution but that the signatures have to be sent to the bank to remove 'W'anda's name. A motion was made by Commissioner Grace, seconded by Commissioner Jones to amend the Resolution in Section 2 first sentence by striking the words "Robert F. Flatley, Marie Jabalee and Acting City Clerk." The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Grace - Commissioner Mikes - Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes Commissioner Jones - yes Vice Mayor Bertino- yes A motion was made by Commissioner Grace, seconded by Commissioner Jones to adopt the Resolution as amended. The motion passed on the following roll call vote: yes yes 1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING EXTENSION OF AGREEMENT BET\TEEN CITY OF DANIA, FLORIDA, AND SOUTHERN SANITATION FOR THE FURNISHING OF BULK TRASH PICK UP AND CHIPPER SERVICE; PROVIDING FOR CONFLICTS; AND PRO\.IDING FOR AN EFFECTIVE DATE." Mr. Flatley mentioned that Southern Sanitation has provided better pickup service over the past few months and that an extension to their contract is being recommended through September 30, 1999. He explained that Staff would like this contract to expire with the I\flS contract that handles the sanitation pickup in the Griffin area so that in 7999 the City can bid out and contract with one company for sanitation services through the entire City. 5 JUNE 13, 1995 Ellsworth Mink, Southern Sanitation, was available to clarify that the only conditions that wiil increase the cost in the contract are additional units and any increases determined by the terms and conditions of the Reuter Recycling Agreement as outlined in Article X of the current contract. REGULAR MEEIING A motion was made by Commissioner Grace, seconded by Vice Mayor Berrino to adopt the Resolution extending the Agreement with Southern Sanitation for the furnishing of bulk trash pick up and chipper service. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Bertino -yes Mayor Hyde-yes 1.11. "A RESOLUTION OF THE CITY OF DAMA, FLORIDA, APPROVING THE AGREEMENT BETIOtrEEN BRO\TARD COUNTY AND CITY OF DANIA RELATING TO PAYMENT FOR THE PROVISION OF FIRE PROTECTION IN CERTAIN ANNEXED AREAS OF THE CIfi; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE\ITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTTVE DATE." City Manager Flatley advised that Broward County has denied the City's request to extend the $547,046.80 payment over several years but there is a possibility that they may be open to being compensated for covering cenain pockets of unincorporated Broward County for fire servlces. Commissioner Mikes expressed concern with increasing taxes to cover this lump sum payment and recommended to amend the language for payment over a two year period. Mr. Flatiey advised that the City is subject to a lawsuit on this payment and that the Commission needs to think about the City's position in asking the County to spend over two million dollars for the widening of Ravenswood Road for the Bass Pro venture. Commissioner Jones didn't feel that it was beneficial for the City to fight the County and then expect them to negotiate on other projects when the City really owes the money. A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to adopt the Resolution approving the agreement between Broward County and City of Dania relating to payment {or the provision of fire protection in certain annexed areas ofthe City. The motion passed on the following ro11 call vote' 2. PROCLAMATIONS 2.1 "Hurricane Awareness Month" - June, 1995 6REGULAR MEEilNG ,uNE 13, 1995 Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - no Vice Mayor Bertino -yes Mayor Hyde-yes Mayor Hyde read the proclamation in its entirety declaring June, 7995 "Hvricrne Awareness Month." 3. BIDS 3.1. Discussion and possible motion to award the sole bidder, T. Mall Construction, the bid for the City Hall Conference Room. Iflill Allen, Growth Management Director, advised that after the specifications and plans were prepared by Jeffrey Gross, Architect, an "Invitation to Bid" for construction ofthe Conference Room was advenised. Mr. Allen explained that the advenisement was published in local newspapers and the Dodge Report and it was mailed to specific and local contractors from the computer data base. After all of this, there was only one bid received from T. Mall Construction for $140,000. Mr. Allen advised that T. Mall turned out to be a competent firm after the background check was conducted but recommended to reject the bid and rebid the project to have a befier opportunity to compare prices. A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to reject the bid and direct the City Manager to rebid the project. After further discussion on whether to readvertise the project, Commissioner Grace withdrew her second on the motion. Je{frey Gross, Architect, cautioned the Commission that there is no s/ay of knowing whether or not the bidder is too high or too low with no other bids to compare with but advised that the bidder came within 10% of his estimate amount. Commissioner Mikes seconded the motion on the floor. The motion failed on the following roll call vote: Commissioner Grace - no Commissioner Jones - no Commissioner Mikes - yes Vice Mayor Benino -yes Mayor Hyde-no REGUUTR MEETING JUNE 13, 1995 Commissioner Jones inquired as to whether the bidder was a Small Disadvantaged Business Entity participant and asked staff to use the Broward Times along with the other papers for advenising these type o[ projects. Commissioner Mikes expressed concern for only receiving one competitive bid and suggested to workshop the procedure used for advertising. 7 A motion was made by Commissioner Grace, seconded by Commissioner Jones ro accept the bid from T. Mall Construction for the construction of the City Hall Conference Room. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - no Vice Mavor Bertino -no Mayor Hyde-yes 4. PUBTIC HEARINGS 4.1 Petitioner/Owner - Second National Acceptance Corp.; propeny located at the NE corner of Tigertail Blvd. and I-95 Public Hearing - VA-07-95 - A variance is requested to erect a pole sign which is 12' x 24' or 288 sq. ft. in area. \(ill Allen, Growth Management Director, presented the variance request to construct a pole sign on 9.13 acres and located approximttely 325'nonh ofthe southern properry line and 20' east ofthe eastern property line adjacent to I-95. The petitioners, Richard and Mike Mogerman, representing Second National Acceptance Corporation, indicated the hardship being caused by the expansion of I-95 causing visibility problems for patrons to their site. Mr. Allen explained the conditions recommended by the Planning & Zoning Board: Self imposed moratorium on additional signage on all propenies controlled now and or in the future on the I-95 abutment with regard to pole signage; 2. As the design phase progresses, the shop drawings be remanded back to the Growth Management Director for approval based on the lumens of the sign itself; so as not to create a traflic hazard along I-95; 3. A landscape plan be provided for the sign; 4. That the City be provided advertising of civic events at no cost to the City (Only City of Dania events that are controlled by the City of Dania) 1 8REGULAR MEETING JUNE 13, 1995 Richard Mogerman, Second National Acceptance Corporation, explained that the petitioner is an affiliated corporation to Grant Prix and also the land owner of the 9.13 acre site and the contiguous parcel to the east from I-95 to Bryan Road. Mr. Mogerman explained that the request is to provide a sign of sufficient size to provide information to the people from I-95 which will also be used to promote City events. The hardship factors are that FDOT has recently ereced a median and barrier system on I-95 which has obstructed the view of south bound traffic, that the size ofthe wording on the sign has to be large enough for passing traffic 6 and that the sign needs to include safety directions on how to get ro rhe site. Mr. Mogerman clarified that the sign will not be used for advertising and only for onsite business. Mayor Hyde opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Grace, seconded by Commissioner Mikes to approve the variance (VA-07-95) with a 5 year review on the level of illumination on the sign, that the base landscaping include a ratio of 50o/o screening on the pipes and the recommendations as stated by the Planning & Zoning Board. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Benino -yes Mayor Hyde-yes 5. STTEPI.A]IIS CITIZENS' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4:00 p.m. the (2nd) and founh (+th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event that the concern remains unresolved, the citizen(s) or party will be asked to address the City Commission during the meeting. 7 EXPENDITURE REQUESTS 7.1 Approval of invoice from Bailey Hunt Jones & Busto for the period ending April 29,7995, in the amount of $6.,082.24 for airport related services. A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to approve the invoice from Bailey Hunt Jones & Busto for $6,082.24 for airport related services. Commissioner Grace - no Commissioner Jones - no Commissioner Mikes - yes Vice Mayor Bertino -yes Mayor Hyde-yes 9REGULAR MEETING JUNE 13, 1995 Commissioner Mikes mentioned that lobbying assistance was directly responsible for stopping the iegislature from a recent attempt to strike lengthening of runways from the DRI process. He felt that the City's action to take Attorney Gallop's recommendation to hire a lobbyist has proven to be a good idea since the action could have hurt the City's legal position. The motion passed on the following roll call vote: 7,2 Approval of invoice from Young Environmental Sciences in the amount of $957.22 for airpon related services. A motion was made by Commissioner Mikes, seconded by Vice Mayor Benino to approve the invoice from Young Environmental Sciences in the amount of $951.22. The motion passed on the following roll call vote: Commissioner Grace - no Commissioner Jones - no Commissioner Mikes - yes Vice Mayor Bertino -yes Mayor Hyde-yes 8. DISCUSSION AND POSSIBLE ACTION 8.1 Keith & Schnars introductory briefing on Airpon DRI process. Bill Keith, Keith Er Schnars, P.A., introduced Broward County's Chief Planner in the Aviation Dept and Director of the Planning Dept, by explaining that they are the key people leading their team in the DRI Process on the airport expansion project. Mr. Keith advised that Keith & Schnars was selected by Browrad County in October 1994 to be the lead consultant and a large team has been organized to take on this project (a list of organizations has been attached). Mr. Keith stated that the success of the projea will be predicated upon working with the community and that it will take a minimum of 12 months to as much as 2 years to get through the process. He urged cooperative effort on all sides and encouraged the City to contact him should they have any concerns during the process. Commissioner Grace stressed the need to take the citizens of Dania into consideration when dealing with the airport issue or before any major decisions are made. Mr. Keith stated his desire to meet with any group or organization in the City of Dania to respond to their concerns. In response to Vice Mayor Bertino's question on the time frame involved, Mr. Keith advised that once the Pre-Application Conference with the Broward County Regional Planning Council has taken place that his office will have 30 days to provide a full schedule on the overall process. Mr. Keith assured the Commission that the City will be properly notified of the Pre-Application Conference so that representatives from Dania can attend and that he would make a presentation to the City Commission after the conference. Mayor Hyde advised Mr. Keith that he will most likely not agree with him on this project but congratulated him for coming to Dania to be upfront about his actions on the project. Commissioner Mikes expressed his high opinion of Mr. Keith based on his experiences with him in the environmental community and his feelings that Dania will be treated fairly by his firm. REGULAR MEETING 10 ,uNE 13, 1995 City Manager Flatley explained that the DRI process will involve many meerings with the public and will provide a series of conditions that will reflect concerns of the public. The Regional Planning Council will have to approve the conditions and the conditions will be predicated upon the runway being built. An annual updated report of the conditions will be presented until all the conditions are fulfilled and the process will protect the citizens. Commissioner Mikes explained that the State of Florida provides a Development of Regional Impaa (DRI) process to review the planning impact of major projects that effect adjoining governmental entities and hopefully the process can achieve compatibility by taking all of the factors into consideration. 8.2 Request for waiver of interest on Sewer Assessment Lien No. 2163 dated March 20, 7967, for Lot 7, Block 22, Nonh Hollywood Subdivision, known for street purposes as 235 SW 12 Street and owned by Archibald and Josephine Black. Commissioner Jones asked for a legal opinion from City Attorney Adler on whether the City can waive the interest. City Attorney Adler stated that the City can waive the interest but not the principal assessment amount. Commissioner Jones mentioned many incidents where water bills were not paid and the City forced the next person to pay the outstanding amount to provide service. Mr. Adler advised that the City of Dania has waived many lot mowing charges for the Habitat for Humanity properties and that Mrs. Black is an 88 year school teacher who should be given consideration. A motion was made by Commissioner Grace, seconded by Commissioner Jones to waive the interest of $610.00 on Sewer Assessment #2163 as requested by Josephine Y. Black. The motion passed on the following roll call vote, Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Benino -yes Mayor Hyde-yes 8.3 Recent developments at the Dania Housing Authoriry. REGULAR MEEflNG 11 ,uNE 13, 1995 Archie J. Ryan, III, Attorney representing Josephine Y. Black, explained that Mrs. Black is the widow of Archibal Black who was a judge in the City of Dania many years ago and that she is a retired school teacher at this time. He explained that Mrs. Black was unaware of the Sewer Assessment Lien when she sold the property some 19 years ago and that the lien was overlooked when the property changed hands several times because it was not recorded in Broward County records. Mr. Ryan requested the Commission to provide waiver of the interest owing on the lien based on Mrs. Black's contributions to the community over the years and stated that Mrs. Black will pay the $366.00 principle. In response to Vice Mayor Bertino's question, Mr. Ryan explained that the title insurance company could pay the lien but that they would in turn sue Mrs. Black for payment. Commissioner Jones questioned whether requesring an audit by the Artorney General is the best way to go with the recent developments at the Dania Housing Aurhority. Marie Jabalee, Acting City Clerk, explained that the Housing Authority is audited by an independent audit firm each year and that the audit is supplied to the Ciry of Dania and a copy is supplied to the Auditor General. Mrs. Daly stated that the Housing Authority is not in financial difficulty but that things are tight because the Hope I program funds in the amount of $188,000 have to be returned as the project did not go through. She advised that HUD held back on the June payment to the Dania Housing Authority until the funds are returned and that they have a Reserve Account with an estimated balance of $42,000 and an Emerald Fund account in the amount of $104,309.90. She reported that the Emerald Fund has earned a little over $4,000 in interest over the past year. Mrs. Daly mentioned that it is easy to forget the good things that people have done and only remember the bad. She stated that every Housing Authority has problems and provided information on some accomplishments since being placed on the Housing Authority. She explained that there are no federal funds available for the proposed dry care center as anticipated and that the estimated $3,000 building fund will be used towards playground equipment for the Saratoga Apartment complex. Mrs. Daly advised that current effofts are being made to pursue funding to build a home on the vacant land for the elderly or severely handicapped. Mrs. Daly explained that the State Attorney's Office pulled all records and took statements from all of the personnel and decided not to pursue prosecution of Mr. Lynn since the money was returned. She reported that the 40 units at the Saratoga Apanments are very well maintained and that recently staff members were instrumental in colleoing over $12,000 that was owing by tenants or landlords that overcharged for repairs. Mrs. Daly reponed that there are 359 Section 8 Certificates out of the Dania Housing Authority and that the latest statistics show that 77o/o of people who live in Dania would qualify for some form of government assistance. She felt that the certificates keep people off the streets and that the Housing Authority does a good job of checking out the landlords. Mrs. Daly questioned the legality of Commissioner Mikes' actions as Mayor in 1991 when he increased the board members from 5 to 7 members as a ruling from the Attorney General sometime in the 1980's stated that a Housing Authority must maintain the same number of L2 ,uNE 13, 1995 Gloria Daly, Chairperson-Dania Housing Authority, stated that the Board took action at their meeting last night to request HUD to conduct an independent audit. She mentioned that this is not the first time that money has been taken illegally from the Dania Housing Authority and that she took action immediately to have the money returned. Mrs. Daly explained that a special audit is conducted each year in accordance with guidelines by the federal government and that they change auditors every three years. REGULAR MEETING members as when it was formed. Mrs. Daly encouraged anyone to come ro the Dania Housing Authority to review their records ar anyrime. Commissioner Mikes mentioned the imponance of appointing qualified persons on the Housing Authority and the need for good management of the Housing Authority to receive credibility with HUD. Vice Mayor Benino questioned whether the City Commission has the legal right to request an audit and City Attorney Adler advised that the audit can be requested but that the Housing Authority is autonomous from the City Commission. City Attorney Adler stated that he would research the legality ofthe number of members and the issue on the audit and repon back to the Commission. A motion was made by Commissioner Mikes, seconded by Commissioner Grace to request the Dania Housing Authority to have afull Attorney General Audit.l( Note: Moti on was f orInspector 6en.Audit) Marie Jabalee, Acting City Clerk, explained that the State Depanment of Community Affairs requires the Housing Authority auditing figures to be pan of our financial statement. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - abstained Commissioner Mikes - yes Vice Mayor Benino -yes Mayor Hyde-no 8.4 Status repon on the proposed Hollywood Rerycling Center. City Attorney Adler advised that the City of Dania has filed petitions against the Hollywood Rerycling Center and that there has not been any hearing date set at this time and that it will probably be a few months before a hearing is set. 8,5 Report on the Disparity Study meeting in Hollywood last week. Mike Smith, Personnel Director, explained that in 1989 the US Supreme Court issued a decision that in order to have an Affirmative Action or Race Based Preference Program there musr be a compelling government interest. The purpose of a Disparity Study is to establish or document the fact that there was past or present discrimination in procuremenx and to taylor the remedy. The City of HollJ'wood is interested in pursuing a very aggressive Affirmative Action Program and Procurement and have invited various other governmental agencies to join them. Mr. Smith thought the study would probably cost around $150,000 and each City would contribute an amount, He estimated the study to take around 18 months to complete. The Commission added their comments on the pros and cons of taking action on the issue be{ore any decisions have come down from congress on minority preference. REGULAR MEEflNG 13 JUNE 13, 1995 8.6 Possible action on retaining an FAA consuhing attorney. Commissioner Mikes recommended to have the Airport Advisory Board hear a presentation from Robert Eisengrein who is a retired FAA consulting attorney on whether the City could use his expertise in negotiating with the FAA in regards to the airpon expansion. Mayor Hyde expressed his concern for hiring another consultant since so much money has been spent so far on the airpon expansion project. Commissioner Jones stated his concern for the lack of control that is going on with the spending and the ineffectiveness of the motions being filed by the City's attorneys. Commissioner Mikes mentioned that there is no guarantee on winning the litigation and that the City Commission has the obligation to protect some 4,000 residents being impacted and the loss in tax base due to the airpon expansion. Commissioner Mikes clarified that he is only requesting that Mr. Eisengrein be allowed to make a presentation to the Airport Advisory Board. Vice Mayor Bertino mentioned that it may be worth it to hear from Mr. Eisengrein based on his background as he may have a different approach to present in the litigation matter. Commissioner Mikes advised that the backup material on Mr. Eisengrein came from Dr. Harris on the Planning & Zoning Board and that Mr. Eisengrein may be able to reduce some of the costs currently going to the airpon aftorneys. The Commission generally agreed to have Mr. Eisengrein address the Airpon Advisory Board.. 8.7 Emergency repairs to the old library roof. \(ill Allen, Growth Management Director, requested permission to declare repairs of the old library roof as an emergency and authorize the City Manager to enter into a contract which would be affirmed by Resolution at the next meeting. Mr. Allen advised that the cost should be more than $7,500 but less than $15,OOO and that quotes have come in around $12,000. He stressed the need to take the timing on the project into consideration when reviewing the proposals since the roof needs immediate repair. Marie Jabalee, Acting City Clerk/Finance Director, advised that the Commission can authorize the City Manager to enter into a contract without competitive bids on items costing REGULIR MEETING L4 JUNE 13, 1995 Commissioner Grace expressed her approval if Mr. Eisengrein will be replacing the two attorneys as a cost effective measure, but opposed the idea of hiring an additional consultant. Commissioner Grace stated her feelings that she cannot change her mind on the issue until positive information has been presented that the City has a chance of winning the lawsuit. between $7,500.00 and $15,000. City Attorney Adler stated that the Commission can increase this amount when the item is an emergency. A motion was made by Commissioner Grace, seconded by Vice Mayor Bertino to authorize staff to enter into a necessary agreement to repair the library roof. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Benino- yes 9-APPOIilTUEITTS 9.1 Appointment of one member to the Airport Advisory Board was continued to the next meeting. 9.2 Appointment of three members to the Dania Economic Development and Downtown Redevelopment Board was continued to the next meeting. 9.3 Appointment of four members to Human Relations Board was continued to the next meering. 9.4 Appointment of one member to the Marine Advisory Board was continued to the next meeting. 9.5 Appointment of one member to the Occupational License Review Committee was continued to the next meeting. 9.6 Appointment of two members to the Parks Er Recreation Advisory Board was continued to the next meeting. 9.7 Appointment of two members to the Unsafe Strucnrres Board. A motion was made by Vice Mayor Benino, seconded by Commissioner Jones to appoint \Tilliam Sergeant as an Electrician on the Unsafe Structures Board. The motion passed unanimously. The appointment of a Real Estate Appraiser was continued. 9.8 Appointment of one member to the Housing Authority was continued to the next meeting. 9.9 Appointment of 14 members to the Community Affairs Advisory Board. REGULAR MEENNG 15 ,uNE 13, 1995 Mayor Hyde advised that this board was established by Resolution adopted under item 1.4 on the Consent Agenda and the number of members is 10. Commissioner Jones nominated Elaine Cole-Greene to the new board and advised that he would provide the information on her address at a later date. A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to appoint Elaine Cole-Greene to the Community Affairs Advisory Board. The motion passed unanimously. 9.10 Appointment of voting delegate for Florida League of Cities convention. A motion was made by Vice Mayor Bertino, seconded by Commissioner Jones to appoint Mayor Hyde as voting delegate for the Florida League of Cities convention being held in Orlando. The motion passed unanimously. 10. ADTI]IISTRATTYE REPORTS City Manager 10.1 City Manager Flatley advised that a Workshop is scheduled June 20 for the Dixie Highway Corridor presentation and fire capital program. Commissioner Grace advised that she would not be able to attend the workshop meeting as her daughter will be having surgery. City Attorney - no comments 11. COMMtSStONCOMf,tEilTS Commissioner Grace commented on her concern for getting the NW' 1st Street Bridge repaired. City Manager Flatley advised that cost estimates and the specifications for advenising bids for the project are expected shonly. Commissioner Grace requested City Manager Flatley to send a letter to Checkers regarding the problem with youth who are disturbing residents by hanging around the business and asked that BSO patrol the area in the evening. Commissioner Grace requested to include discussion of community concerns and citizens complaints to the next workshop meeting that she attends. City Manager Flatley advised that a lighting program is being implemented with FPL and that an FPL Vice President will be asked to make a presentation on the time it takes to complete the projects with municipalities. Mike Smith explained that the BETA Summer Youth Program was not funded this year but the City is hiring young people who are graduating seniors or first year college students. Commissioner Grace mentioned her desire to request Dania businesses to assist in hiring REGULAR MEETING 16 JUNE 13, 1995 11.1 Commissioner Grace youth during the summer. She encouraged the public to remember that school will be out soon and to watch out for children on the streets. Commissioner Grace mentioned that there is going to be a national march on Washington with Clergy and male participants to try to save role models for our youth . She mentioned that plans are be made to by MEBA to sponsor kids from the Bahamas in July to come to Dania to play basketball at some of our parks and that Dania has been invited to go there next yex. Commissioner Grace reponed that the Broward Performing Arts Theater honored her as Vice Mayor last Sunday and that they were not aware that she no longer holds the Vice Mayor title. 11.2 Commissioner Jones Commissioner Jones commended Mike Smith on the City's participation in the CDBG (Community Development Block Grant) programs and thanked those individuals who have supported and panicipated in the creation of the new College Garden Neighborhood Association. Commissioner Jones asked for cooperation from BSO in working out the problems with the youth at Checkers and with the drug dealing problem that is occurring at 37 NV/ 7 Avenue. Commissioner Jones asked for an update on the expansion of the Westlawn Cemetery. Mike Smith advised that fencing is being installed and that Berry & Calvin did the survey and the platting work and that the Byrd Park project is nearing completion. Commissioner Jones asked City Manager Flatley to include discussion on a storm water utility system at an upcoming workshop meeting. and to have grocery carts rounded up in the City. Commissioner Jones commended BSO for creating the Sheriff's Council Committee that will bring better communication with the community and asked the public to remember safety on the roads with school being out. 11.3 Commissioner Mikes At Commissioner Mikes' request, City Manager Flatley advised that consultants are being considered for amending the City's Comprehensive Plan and that the shutters for City Hall should be installed in the next couple of weeks. Commissioner Mikes requested staff to put some sort of numbers together on the tax base loss in relation to the Dixie Corridor Study and that more speed enforcement is needed on 5th Avenue. REGULAR MEETING a7 JUNE 13, 1995 Commissioner Mikes mentioned that City Manager Flatley is interviewing with Davie for a position as Town Administrator and expressed his appreciation to Mr. Flatley for his performance as City Manager over the years. 11.4 Vice-Mayor Bertino Vice Mayor Benino requested BSO to provide an update on the McCutcheon confiscation action. Vice Mayor Bertino expressed his sadness with the recent passing of Shirley Sarantos and mentioned her contributions on the Dania Democratic Club. He encouraged the public to be careful now that school wiil be out. 11.5 Mayor Hyde Mayor Hyde thanked Graves Museum for there effort to meet with parents from New River Middle School who are transferring into the City of Dania. Mayor Hyde expressed his concern that some children do not have the opportunity to use computers and suggested the idea of providing a computer for the youth at some of the City parks. This meetingl was adloumed. M tsstoNER ctw DlroR REGULAR MEETING 1a JUilE 13, 1995