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HomeMy WebLinkAbout1995-04-25 Regular City Commission Meeting MinutesF.OLL CAI,L INI/O€"*fiON W Reuerend. Leuis ftesent Magor: frce Mayor: Cornmissioners: Citg Monager: Citg Attorneg, Acting Citg Clerk: PR.ESAMTA?IOIIIS *Youth in Government Day I'IIYf,TTES DAITIA CITT COII'MISSIO]Y REGUI.AR MEETING APRIL 25, 7995 Bill Hgde Joh:nBcrtino Bobbie Grace AlbqtJones Bob Mikes RoDcrt. flotlq t-ra;nkAdler Marie Jabalee Mike Smith, Personnel Direcror, commended the yourh ln Governmenr smdenrs for their performance in the mock Commission Meeting that was held prior to this meeting. Jim Fatzinger, Youth In Government Mayor of Dania, came forward to express appreciation to the Commission, Kiwanis Club, Dania Ciry Staff and citizens for rheir support ofthe program that provides an oppom:nigv for srudents to experience the operations of local government. Commissioner Grace expressed her confidence in the upcoming youth who took part in the program for rheir desire and courage to get involved in activities that prepare them for their future. She gave a special thank you to the members of the Broward Kiwanis Division 15 for working with the Dania Kirr-anis Club Division 22 to mrke the program a success. 7RE,GIJI.AR IITEETING APRIL 25, 7995 Commissioner Jones expressed his commendations to the students for getting involved in learning about local government. Mayor Hyde was especially grateful that the srudents allowed themselves to enjoy the activiry by maintaining a sense of humor. Roxane Knight, Parent/South Broward High School, thanlred the Commission for their support of the program. *Recognition A'w'ard for Cliff Iacino Pice Mayor Benino) *General Emplol-ee of the Month Award (staff) Mike Smith, Personnel Director, explained that Eula Gardner has been a long term employee with the Crty and has worked in the Police Depanment, Building Department and currently specializes in Occupational Licenses. City Manager Flatley commended Ms. Gardner for her efforts to iocrease the revenues for the Ciry through Occupational Licensing and advised her that !7ill Allen, Gro*th Management Direoor, extends his congrarulations and was not able to anend tonight's meeting. The Commission erended their individual comments and knowledge of Eula's performance and dedication to the City. *7995 Tree Ciqv USA Award (staff) Dan Oyler, Ciry Planner, presented the Ciry Commission with the "Tree Cicy USA Award" that has been given to the City for the fifth year by the National Arbor Day Foundation. Mayor Hyde thanked Dan Oyler for his assistance in the City receiving the award. *Financial Audir Repon for 1993-94 by Madsen, Sapp, Mena Er Rodriguez. Tom Evans. Ivladsen, Sapp, Mena Er Rodriguez, thanked Marie Jabalee, Finance Director, for her assistance in providing the foundation for them to conduct the audit for the Ciry which is a lengthy process. Mr. Evans explained the areas of interest for the Commission in the repon and gave his opinion thar overall the financial state[lents look good and that there are some things that can be improved. He thanked the Commission for the opponunity to work with the City and again praised Marie Jabalee for her input. *B.S.O. Grant Program Announcement REGUT.AR MEETING 2 APRIL 25, 7995 Mayor Hyde presented the plaque expressing appreciation to Cliff Iacino for his membership over the years on City Boards and his dedicated community involvement. !Ir. Iacino came forward to thank the Commission for honoring him and to sav that he will miss the communiry now that his family is moving from the Cirv. Chief Frey, BSO, explained that the City of Dania has an oppomrnicy ro obrain some grant money from the Department of Transponarion based on statistics that show that Dania is rated number two in alcohol related accidents. He mentioned that the first year is 100o/o funding, second year is 75olo and the third year is 5Ao/o for a full time depury and related equipmenr. Chief Frey felt thar there is a good chance of obtaining the funds and that more will be determined after the Ciry sends their letter requesting the grant. A motion was made by Vice Mayor Benino, seconded by Commissioner Jones to authorize the Ciry Manager to transmit a lemer of intent for the grant. 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 Commissioner Jones mentioned his attendance at an Affordable Housing Banquet where the City of Dania was presented with a Distinguished Service Award for communiry development from the Housing Finance Authoriry of Broward Counry and Broward Affordable Housing Task Force. He mentioned that Jerry Carter, DEDC, also received an award and that Dania's Housing Authoriry was also acknowledged at the event. PULLED FROM THE CONSENT AGENDA Commissioner Jones requested item 1.5 to be pulled from the Consent Agen&. I. COIYsEIYT AGENDA M in utes1.7 Approval of minutes for March 15, 1995, Regular Meeting1.2 Approval of minutes for March 21, 1995, Organizational Meeting1.3 Approval of minutes for March 28, 1995, Regular Meeting Resolutions 1.4 "A RESOLUTION OF THE CITY OF DAMA, FLORIDA, APPROVING LETTER OF AGREEMENT SUBMITTED BY ALLYN ASSOCIATES, INC. REGARDING REPRESENTATION OF THE CITY OF DANIA RELATING TO POSSIBLE DRI LA\T CHANGES THIS LEGISLATTVE SESSION; AND PROVIDING FOR AN EFFECTTVE DATE. 1.6 RESOLUTION OF THE CITY OF DAMA, FLORIDA, IN SUPPORT OF MEMORANDUM NO. 95.565 ISSUED BY GEORGE L. FLA.NBURY, 3REGUT.AR ME.ETING APRIL 25, 7995 Commissioner Grace - Commissioner Mikes - Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Benino- yes CITY MANAGER, CITY OF FORT LAUDERDALE, RELATING TO ALLOCATION AND DISTREUTION OF LOCAL OPTION GAS TAX AND LOCAL OPTION MOTOR FUEL TAX. (staff) 1.7 RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACKNOIOTLEDGING MAY 4, 1995, AS THE NATIONAL DAY OF PRAYER IN FLORIDA; AND PROVIDING FOR AN EFFECTI\T DATE. (staff) 1.8 RESOLUTION OF THE Cifi OF DANIA, FLORIDA, A?PROVING AGREEMENT BETITEEN THE CITY OF DANIA AND THE POOL PEOPLE, INC., RELATING TO CONSTRUCTION OF MODELLO PARK POOL; AND PROVIDING FOR AN EFFECTIVE DATE. (staff) Ordinances I.9 "ORDINANCE OF THE CITY OF DANIA, FLOR]DA, AMENDING SECTION e-2(a) AND 0) OF CHAPTER e OF THE CoDE OF ORDINANCES TO PROVIDE INCREASES IN THE CHARGES FOR CEMETERY PLOTS AND INTERMENT COSTS; PRO\TDING TFIAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE\NTH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTWE DATE. (Comm. Jones) first reading) A motion was made by Commissioner Grace, seconded by Commissioner Jones to approve the Consent Agenda with the exception of item 1.5. The motion passed on the following roil call vote: yes yes 1.5 "RESOLUTION OF T}IE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BET"WEEN MARANDOLA CONSTRUCTION, INCORPORATED AND THE CITY OF DANIA RELATING TO PROVISIONS FOR FI,RNISHING'TATER AND SE\TER SERVICE TO DANIA BEACH PARK PURSUANT TO THE TERMS AND SPECIFICATIONS SET FORTH BY BERRY & CALVIN, INC., PROJECT NO. e3-7140, PREPARED DECEMBER' 1994; AND PROVIDING FOR AN EFFECTIVE DATE. (staff) 4RE,GTJI,AR ME,ETING APRIL 25, 7995 The motion passed on the following roll call vote: Commissioner Jones expressed his opinion that the Ciry is not making effons to provide opporruniries for minoriry participants in the Ciry,s Contract and Agreement process. City Manager Flatley advised Commissioner Jones rhat rhe Counry and State SDBE bid list was used to send proposals for participation for the water and sewer service to Dania Beach park and that Marandola turned out to be the lowest bidder. A motion was made by Commissioner Jones, seconded by Commissioner Grace to adopt the Resolurion approving rhe agreement with Marandola Construction Incorporated for furnishing water and sewer service to Dania Beach Park. Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mavor Benino- yes 2. PROCIAMfrTIONS Commissioner Mikes mentioned his desire in the future to establish a tree planting program for the swale areas in the Ciw. 2.1 Proclamation declaring June 1, 1995, as "Paul DeMaio Day. Mayor Hyde read the proclamation in its entirew acknowledging paul DeMaio for his communiry involvement and contributions to rhe Library in Dania over the years. Mayor Hyde menrioned that the Dania 'Women's Club was the original site for the original Dania Library and something will be done to acknowledge them in the furure as requested by Mr. DeMaio. The Commission expressed their individual conrmenm regarding Mr. DeMaio,s unselfish contributions ro rhe youth of the Ciry and Library. Ciry Manager Flatley encouraged volunteers ro assisr the Ciry in moving the Library toihe Graves Museum on April 29. He explained thar April 29 has been designated as "Communiry Day" for the Library move and to allow a tour of the City,sr Tater Plant and Lift Stations as part of the Ciry's "Show & Tell program." Commissioner Jones commended Bud Palm, Utilities Director, for the improvemens that have been made to the Public \(orks/Vater Plant Compound. 2.2 Mayor Hyde read the Proclamation in its entirery declaring April 28, 1995, as "Arbor Day" 5REGUT.AR MEETING APRIL 25, 7995 2.3 Mayor Hyde read the Proclamation in its entirery declaring May 6, 1995, as "Bicycle Safety Day" 3. BIDS - none 4 PUBLIC.IIEARIIIIGS-none 5. S.IIE PLAIIIS - none 6. CITAZENS' OOflUEn:fS - Comments by Dania citizens or interesred parties that are not a part o{ the regular agenda should be given in writing or communicated rerbally prior to 4:00 p.m. the (2nd) and fourth (4th) Monday of each month. Comments of any nature will be responded to by the office of the Ciry Manager. In rhe event that the concern remains unresolved, the citizen(s) or p^rty will be asked to address the Ciry Commission during the meeting. 6.7 Lewis Gusdorff disagreed with the recent action by the Commission to consider a proposal to buy a few hundred feet of land on the beach between Dania Beach and John Lloyd Park. Mr. Gusdorff didn'r believe that there are that many people who would use the additional beach area and that it would not be cost effective when the City can't even purchase a new machine to clean rhe beach now. \Ir. Gusdorff recommended for the Commission to make sure the Modello Park Pool is constructed at a depth of 8 feet instead ofthe proposed depth of 5 fe--t as diving may be a consideration in the future. Mayor Hyde explained that the bid project for the pool at Modello Park has already been approved and oothint on the project is going to be changed at this point. 7. EXPENDITUREREgUESTS 7.1 Approval of invoice from Cunis Er Cunis for services rendered January 20, 1995, through Apil 12, 1995, in the amount of.546,682.57. Ciry Manager Flatley advised that he reviewed the invoice from Cunis & Cunis and found nothing to be improperly charged. Commissioner Grace expressed the need to establish a stopping point somewhere on these high legal bills. 6REGUI:.A.R MEETING APRIL 25, 7995 Commissioner Jones raised the question on what the Ciry is getting for the money being spent when the airport expansion is probably going through. Commissioner Grace - no Commissioner Mikes - yes Mayor Hvde - yes Commissioner Jones - no Vice Mayor Benino- yes Commissioner Mikes felt that the airport expansion is going to probably determine the future viabiliry of the City of Dania and that there is a need to continue ro be commimed to the litigation to protect the Ciry. Mayor Hvde felt that the bill has to be paid but disagreed with the judgment by the attorneys to bill this amount when they knew that the City only budgeted $50,000 this year. Vice Mayor Benino mentioned that the attorneys entered into rwo laq/suits without rhe Ciry Commission's permission and that a cost plan should be established for better control ofthe funds. He stated his concern that the attorrleys billed for over $11,000 in copy charges on the invoice *'hen these services could have been provided cheaper by hiring temporary personnel.. Commissioner Grace agreed with Vice Mayor Benino on the over charges for copying and expressed her opinion that the amorneys are deliberarely billing like this since they know the City is in a bind on the litigation. Commissioner Jones stated the problem with complaining about rhe litigation costs after the Ciry went forward with pursuing the lawsuit which has no end to it or limit on cost. He stated his feelings that the City should have accepted the artornev's recommendadons on the Interlocal Agreement in the beginning when the Ciw was only a few thousand dollars in the hole. Commissioner Mikes felt that Attorneys Curtis and Gallop are very qualified because of rheir experdse in aviadon and land use and that the Ciry cannot afford to nor fight due to the impact of the expansion. A motion was made by Commissioner Mikes, seconded by Vice Mayor Bertino to approve rhe invoice with the exclusion ofthe copying charges and for a written explanation to be provided from the amorneys The motion passed on the following roll call vote: NOTE: 9;3C P.M. - REQUEST AND NOTICE FOR PRTVATE SESSION OF CITY COMMISSIONERS AND ATTORNEYS REPRESENTING CITY I}J }trCHAEL L. HARzuS VS. CITY OF DANIA LITIGATION City Attornev Adler advised the public that the City Commission must adjourn for approximately 20 minutes to hold a private session in the 7 APRIL 25, 7995 Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - no Vice Mayor Benino- yes After the Mayor opened the meeting, the City Attorney read the title of the following resolution: Resolution approving Serdement Agreement and General Release between Ciry of Dania and Michael L. Harris in connection with the legal action entitled "Michael L. Harris v. Ciry of Dania, Circuit Court of the Seventeenth Judicial Circuit in and for Broward Counry, Florida, Case No. 88-3099G06; providiag for payment of semlement :rmount; and providing for an effective date. City Attorney Adler explained that the Settlement Agreement provides for paying Mr. Harris the sum of $24,750.00 by check payable to Kusnick & Rothstein of which the funds shall be paid from the General Fund prior years surplus. A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to adopt the resolution. The motion passed on the following roll call vote: A. DISCUSSIOIIIAI\IDFOSSIBLE AS.IION - none 9. APPiOINTIiEIYIS Mayor Hyde suggested to address the concerns relating to the number of members currently on boar& and the establishment of some new boards as discussed at the recent workshop meeting before making any appoinrmenrs to the Boards. The Commission agreed. Commissioner Grace mentioned the problem with geting enough people to form a quorum to hold meetings and the problem with appointing citizens who do not come to the meetings. The Commission decided to ad&ess Item 9.2 at this time 9.1 Appointment of three members to the Unsafe Srructures Board. 9.2 Possible reducrion of members on Airpon Advisory Board from 20 to 10 and appointment of members. (lvlayor Hyde) aREGUI.AR MEETING APRIL 25, 7995 Conference Room on the Harris litigation and that a Cenified Court Reponer has been made available for the session. Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Benino- yes Commissioner Jones mentioned that it came to his attention that one of his appointments one the Airporr Advisory Board were not attending meetings and that it is flecessary to replace people sometimes. Commissioner Mikes felt that the Airport Advisory Board could be reduced to 15 members from the current 20 members. Commissioner Grace mentioned that most of the members on the Airport Advisory Board have been amending the meetings and that there may not be any reason to reduce the number on the board. Vice Mayor Benino felt that the boards should not exceed 10 members and that Commissioners should not be appointed on any boards. A motion was made by Commissioner Mikes, seconded by Commissioner Grace to direct the Ciry Anoroey to prepare a Resolution that no Advisory Board in the City of Dania shall exceed a membership of 15 and any board that exceeds 15 will be reduced to 15 and also no Commissioners will be an active member on any board except where it is required. The motion passed on the following roll call vote: Commissioner Bertino mentiotred that there are boards who have overlapping functions like the Culrural Affairs, Community Center and Parks Ec Recreation Boards and that they could be combined. Commissioner Mikes recommended to have staff prepare a missioo slatement on each board be{ore making any changes to have a clear understanding of the functions. The Commission decided to continue rhe appointments to the next meeting until further acdon is taken as discussed. The Commission requested to include discussion at the next meeting on adding a Budget Review and Appearance and Beautification Board and to have each board provide a quarterly rePort to the Commission. A motion was made by Commissioner Mikes, seconded by Vice Mayor Benino to continue the board memberships to the next regular meeting until staff recommendatioo can be provided on consolidating boards and creating a Charter Review, Beautification and a Budget Review Board. IR.EGUI,AR MEETING APRIL 25, 7995 The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Mikes - yes Mayor Hyde - yes Commissioner Jones - yes Vice Mayor Bertino- yes (ALL APPOTNTMENTS \rERE CONTTNUED)9.3 Appointment of members to the Communiry Cenrer Advisory Board.9.4 Appointment of members to the Culrural Affairs Commiwee.9.5 Appointment of members to the Dania Economic Development and Downtown Redevelopment Board.9.6 Possible reduction of members on Human Relations Board from 15 to 10 and appointment of members. Srlayor Hyde)9.7 Appointment of members to the Marine Advisory Board.9.8 Appointment of members to the Parks & Recreation Advisory Board.9.9 Appointment of members to the Planning & Zoning Board. 9.10 Appointment of members to the Police & Fire Pension Board. 9.11 Appointment of members to the Occupational License Review Committee 9.12 Establishment of an Education Advisory Board. (Comm. Jones)9.13 Appointment of Voting Delegare and Alternate to Broward League of Cities. 70. N)MINISITRA?TSE REPOEIS Ciry Manager 10.1 Communiry Day on April Zf (Sarurday) 9:00 a.m. - 5:00 p.m. ro move rhe Library and to participate in the Open House at the $?'ater Plant and Lift Stations in Dania. lO.2 City Manager Flatley explained that the Health Fair on May 17 (lfednesday) at 2:00 p.m. - 6:00 p.m. at Dania Ciw Hall will emphasize children by providing free immunizations by the Kiwanis Club and free health screenings for adults. City Attorney . no comments II. COI4I(ISSIOTY COIITIEMIS 1l.l Commissioner Grace mentioned rhat she will always give a cirizen an oppom.rnity to serve on a board and will reappoint people again and again as long as they are doing a good job. She explained that her appointmenrs are sometimes for a year to allow time to evaluate the person's attendance and interest on a particular board. REGIII.AR MEETING 70 APRIL25,7995 Commissioner Grace expressed appreciation to the mayor, staff members and businesses for their assistance in bringing the children on the Grand Bahamas Baseball Team to Dania. She distributed a Thank You Letter signed by all of the children and Minister Lindy Russell and commented on the excellent behavior displayed by the children from the Bahamas. Commissioner Grace mentioned her dissatisfacion with the ovenime being charged to the Ciry and the need to address this at budget time. She requested staff to check into picking up some garbage that has been dumped on an empry lot on N'W 7 Avenue. 11.2 Commissioner Jones presented some grant information on water issues rhat he received from the Depanment of Environmental Protection at the recent Water Faciliry \forkshop in Tallahassee. Commissioner Jones requested the Commission to consider waiving the burial and interment fees for a resident who just lost her son based on her financial siruation. City Manager Flatley mentioned that the City has buried several indigent infants through HRS at no cost but that there is no policy estabiished to cover adults. Commissioner Jones wished his daughter well on her trip to ! ashington, D.C. and wished a Happy Binhday to his father on his 78th Birthday. He asked the Ciry Manager to check into the street lights that are out on Dania Beach Boulevard and Phippen Road. 11.3 Commissioner Mikes mentioned his disappointment with Senator Ken Jenne for supporting an environmental bill called the "Meldeuca Act" that is being opposed by Resolution by many cities. His feelings were that the bill will jeopardize water supply and set a precedent for losing coastal wetlands in the future. Commissioner Mikes mentioned that the Ciry should ensure that park staff has a good working relationship with the people living next to parls who are being impacted by the activities and sports on a daily basis. Commissioner Mikes felt that a buoy like the ones used on the MEBA properties would look good at the Pier and asked the Ciry Manager to see if one could be donated and mentioned his appreciation for receiving reports on employee overtime and revenue on the pier. F'EGTJI.AR ME,ETING 77 APRIL 25, 7995 Commissioner Mikes mentioned that his mother has received cancer treatment recently and that it came to his attention that there are false cancer solicitations being distributed. 11.4 Vice-Mayor Benino ln response to Commissioner Jones' comments on water usage, Vice Mayor Benino mentioned that water lines are being constructed our west to provide E'ater to the east under the Regional Sysrem and that x-arer usage and cost will most likely increase under regulations by the South Florida !7ater Management Disrrict. Vice Mayor Benino requesed staff to research the Cin's liens to see if there are any properties that the City Attorney could take foreclosure action in an effon to recoup some of the Ciry's costs. \,'ice Mayor Benino asked for a copy of the Ciry's policv for turning off water as there is a need to make sure that good prying citizens are not being penalized. He recommended for sraff to closely moniror the acrions being taken in accordance with the recenr grant agleemenr relating to purchasing two lors at the Beach. Vice Mayor Bertino felt that there is a need to ensure that City staff is actively negotiating q/ith rhe Counry on the airpon litigation in an effort to keep lines of communication open. He recommended to hold a special session with the anorreys to set direction on how they should proceed with the litigation. 11.5 Mayor Hyde lvlayor Hyde mentioned his attendance Sunday night ar rhe Graves Museum for the special tribute to Mrs. Lale Aytaman, PHD, Governor of rhe Province of lvlugla in Turkey, and her husband Ambassador Ayraman, for their culmral education to South Florida. He commended Chief Frey and his deputies {or doing a good job in providing security me.$ures for the event at rhe last minute. Mayor Hyde felt that the evenr was beneficial to Dania as ir was video taped for Europe and Dania will be properly mentioned. lvlayor Hyde advised that Dania Elementary was represented and honored for their environmental programs by Broward County this morning and that Waterway Cleanup is May 6. Funher comments related to how well Yourh in Government went today and Dania Rotary hoiding an Auction on Sunday, April 30 at 12:00 noon at the Graves Museum. lvlarie Jabalee, Acting Ciry ClerVFinance Director, mentioned plans to take a look at our lien processing and billing procedures on ouctanding fees and the possibility of hiring a collection agency. She agreed to prepare information for the next workshop meetinB. REGUI.AR ME,ETING 72 APRIL 25, 7995 ATTEST: /Z***2, CNY CI,EEK.ATTDITOR REGUTIR ME,ETING I3 APRIL 25, 7995 A't lrr, L\'t(r)ir rl: