HomeMy WebLinkAbout1995-05-09 Regular City Commission Meeting Minutes.UINIITES
DAI{IACTTY COMMISS,ION
RE,GITIARMESTING
MAY 9, 7995
Bill Hgde
John Bertino
Bobbie Grace
Albert Jones
Bob Mlkes
Robert Flo;tleg
F-rank Adler
Mqrie Jabolee
ROI.T. CAI.T.
Present:
Mayor:
Vice Magor:
Commissioners..
Cltg Manager:
CiW Attarnq:
Acting Citg Clerk:
INVOC,,,fITON ET RDVE,RDND I.EErtS
PRESTTI':f,ATTOIIS
'rFire Administrative Report
chief Grammer presented a breakdown of the 355 rescue calls handled by the Dania FireDepartment in April and advised that May 14 - 20 is "EMS rurzeek.,, chief crammermentionedthat the City of Dania is hosting a Health Fair on May 17 which will include freeimmunizations for children and that Gonzalo Garcia, Dania F kifighter/partn"dic, .ec"irredan award from rhe Hollywood Medical Center on May 1.
chief Grammer advised that House Bill 2351 d;d nor pass in regards to EMS services but thatthe six cities were granted licenses from the County to provide"EMS service effective October1,.1996. chief Grammer expressed his opinion rhat the county is trying to do away withminnet moneys that assist in funding the EMS services and thai " .".rin"g is scheduied nextweek with rhe Cities Coalition ro discuss funding issues.
'$B.S.O. Deputy of the Month
Lt. Anton presented the Deputy of the Month award for April to Deputy James Melrose forhis outstanding performance in saving the life of a 23 month old chili *ho ,rff".J " ."irr...
c.hr:f F,"y, BSo, was sorry to say that Lt. Anton has accepted a new position as commanderof Pon Everglades and will be leaving the Dania District. He introduced rt. Nl"l i".rg. *ho
7REGIJI.AR ME,ETING MAY 9, 7995
will be takinu -. Anton's place and provided information regarding his r sive military
background and emergency preparedness experience qualifying him for the position.
Lt. Anton expressed his appreciation for the support received from the commission and
public during his four years with Dania.
Mayor Hyde read the Resolution in its entirety honoring Lt. Anton for his effons on behalf
of the city of Dania. (Resolution was adopted by the commission under the consent
Agenda item 1.2). commissioner Grace took a moment to wish Lt. Anron success in his new
endeavor and to thank him for his assistance over the years.
commissioner Grace commenred on a problem that she encounrered gefting assisrance withBSo on Saturday and asked chief Frey to investigate information beiig pri,ided from theHollpvood Correctional Institute that is labeling west Dania as a 501 zine. chief Freythought that the 501 terminology comes from the Srate Department of co..""tiorrs ,, a prnof their work release inmate protram.
PULLED FROM THE CONSENTAGENDA
Commissioner Mikes pulled items 1.4, 7.5 and 1.7 from the Consenr Agenda.
7. CO]IISEN':TAGEilDA
Minutes1.1 April 18, 1995, workshop meering
Resolutions
7.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, IN RECOGNITION
OF LT. ROBERT ANTON AND HIS SERVICE TO ITS CITIZENS DIIRING HISASSIGNMENT \TITH BSO, DISTRICT II DANIA; AND PROVIDING FoR ANEFFECTIVE DATE."
1.3 "A RESOLUTION OF THE CITY OF DANIA, FLOzuDA, LIMITING THENUMBER OF APPOINTEES TO ANY BOARD OR COMMITTEE TO NOT MORETHAN 15 MEMBERS \TITH NONE OF THE APPOINTEES TO BE A CITYCOMMISSIONER; AND PROVIDING FOR AN EFFECTIVE DATE."
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLOzuDA, APPROVING THELEASE,/PURCHASE BET\TEEN KELLY TRACTOR CO. AND CITY OF DANIACOVERING A NE\T \TACKER RD 88OV RIDER ROLLER COMPACTOR; ANDPROVIDING FOR AN EFFECTIVE DATE."
A motion was made by vice Mayor Benino, seconded by commissioner Mikes ro approve
the Consent Agenda with the exception of items 1.4,7.5^nd1.7.
The motion passed on the following roll call vote:
Commissioner Bertino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - yes
2 MAY 9, 7995REGUI,ARME,ETING
\_- \\_/1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, TO ABOLISH THE
PARKS AND RECREATION ADVISORY BOARD, CULTURAL AFFAIRS
COMMITTEE AND COMMLINITY CENTER ADVISORY BOARD AS THEY
PRESENTLY EXIST AND TO COMBINE THE FLINCTIONS AND DUTIES
THEREOF INTO ONE ENTITY TO BE NAMED AT A LATER DATE; AND
PROVIDTNG FOR AN EFFECTIVE DATE." (Staff)
The commission generally agreed that the community and cultural Affairs committees
should be combined to cover issues relating to the I.T Parker and Nyberg/Swanson facilities
and to keep the Parks & Recreation Board separate. Artorney Adler'readlhe changes to the
resolution.
A motion was made by Commissioner Mikes, seconded by commissioner Jones to amend the
Reso_lution by removing the Parks & Recrearion Board and adopt the Resoiution to abolish
the Cultural Affairs Committee and Community Center Advisory Board.
vice Mayor Benino felt that the scope and sequence of duties for the members on these two
boards should be presented to the Commission ar rhe nexr meerinB and the commission
agreed to require a quarterly report from each board from nov/ on.
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
1.5 "A RESOLUTION OF THE CITY OF DAMA, FLORIDA, AUTHORIZINGTHE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES,
SERVICES, EQUIPMENT AND MATEzuALS IN THE AMOLINT NOT TO EXCEED
$58,554.30 BASED UPON THE COMPETITIVE BIDS RI,CEIVED BY BRO\TARDCOLINTY SCHOOL BOARD AND PALM BEACH COLINTY; PROVIDING THATALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE\TITH BEREPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FoR ANEFFECTIVE DATE."
Commissioner Mikes expressed his opinion-that the City should wait until later in the year todetermine trory $e project to expand the_ offices is goingto be fully funded. city ManagerFlatley advised that the money has.been budgeted for triis project i.o- Gro-th Managemenr,Police Capital and Economic Development funds. He exilairred that the library h", b""r,relocated to the Graves Museum to provide additional offi." sp"." for the BuildingDepartmenr and that the conference Room project has been bid ort to bring thes"e rwoprojects togerher. Mr. Flatley recommended to go forward with the p.oj"ct"r. the budgetlooks good at this point and there has been a lot-of work put i.,to th" ."."rrch to purchaseremanufactured furniture as a way to save on costs. Mr. Flatley mentioned thrt th"Conference Room is going to doubleas the City Hurricane Center and chairs and tables beingpurchased for the proposed Building Department will also be used in the Conference Room atthe time of emergency.
3REGULER MEETING MAY 9, 79.95
Commissior,l_-. race mentioned that the request may need to be continuc.._-, the budget
workshop which is only a few months away and asked for an explanation on how the list of
vendors for the furniture was compiled. Lou Ann Cunningham, Building Administrative
Aide, explained that the Florida State Bid Program was utilized to obtain a list of vendors and
that she also visited other cities and the County to obtain information on the rype of furniture
to select.
A motion was made by commissioner Grace, seconded by commissioner Mikes to continue
this item until furher into the 95/96 btdger year.
The motion passed on the following roll call vote:
Commissioner Grace - yes Commissioner Jones - yes
Commissioner Mikes - yes Vice Mayor Bertino -no
Mayor Hyde-no
Ordinances
1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CFIAPTER 13
OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND
RETIREMENT'' TO COMPLY \TITH CHAPTER 94.171, FLOzuDA STATUTES, TO PRO\'IDETHAT THE SUR\iTVING SPOUSE OF ANY MEMBER OF THE POLICE AND
FIREFIGHTERS'RETIREMENT SYSTEM SHALL NOT LOSE SURVTVOR RETIREMENT
BENEFITS IF THE SPOUSE REMARRIES; PROVIDING FOR DIRICT TRANSFERS oF
ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR A SAVINGS CLAUSE;PRO\'IDING THAT ALL ORDiNANCES OR PARTS OF ORDINANCES AND ALLRESOLUTIONS OR PARTS OF RISOLUTIONS IN CONFLICT HERE\$rITH BE REPEALEDTO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE
RETROACTTVE TO JULY 7, tee4."
commissioner Mikes suggested that staff review the language in the ordinance dealing with
pensions and retirement as the language may go beyond the legal requirement and there may
be a need to address the issues at contract negotiations. Commissioner Grace agreed that the
ordinance needs to be modified before adoption.
Marie Jabalee, Finance Director, explained that she did not research the ordinance but was
aware that it was submitted by Roben sugarman, Attorney for the police & Fire pension
Plan. Marie advised that the ordinance is not suppose to cosr rhe city anything based on the
actuarial study provided because the plan, as it srands, assumes that the benefits will be paid
over the life of the beneficiary.
commissioner Mikes felt that the city's interpretation on the impact may be different from
the Police & Fire Pension Board and that the City needs a full explanation and understanding
of the options before taking action. Mayor Hyde agreed and felt ihat a representative from
the board and the attorney should be available to explain the ordinance to the Commission on
second reading.
A motion was made by commissioner Mikes, seconded by vice Mayor Bercino to adopt the
Ordinance on first reading.
R.EGUT.AR MEETING 4 MAY 9, 7995
Commissioner Grace - yes
Commissioner Mikes - yes
Mayor Hyde - yes
R.EGUT,AR MEETING
Commissioner Jones - yes
Vice Mayor Benino- yes
3.1 Motion to award bid for Sun Garden Isles Fishing Deck.
City Manager Flatley advised that the bids for the fishing deck were received today and that
bid notices were senr to contracrors listed in the Small Business Enterprise Directory.
Dan oyler, city Planner, presented the five bids received on rhe sun Garden Isle FishingDeck'
L.C. Boggs Industries $12,995.00
Shoreline Foundation $13,500.00
B.L. Mason Inc. $13,900.00
Holt General Const. $13,625.00
R.P.M. General Const. $15,240.00
Mr' oyler advised that $1o,oo0.oo has been budgeted to build a deck 30, long x 1r.5, deep and
that a smaller design was provided in case bids ci-" in too high. Mr. oylerixplaineJ thatMr' Boggs can build a25'longdeck instead ofthe 30' deck foi $1o,o0o as budgeted. He
suggested the commission award the contracr for $12,995.00 to L.c. Boggs "id that h"would bring the conrracr and a change order back in rwo weeks for co"rimission approval.
commissioner_Jones inquired as to whether L.c. Boggs was a Small Disadvantaged Businesspanicipant and what percenrage of the work would bi given to minority particiiation. Mr.oyler was nor sure whether L.c. Boggs Industries **, s-"I Disadrrantaged Businesspanicipant, but confirmed for commissoner Grace that safety railings hav"e been provided inthe design for the deck.
A motion was made by vice Mayor Bertino, seconded by commissioner Jones to award thebid to L'C. Boggs Industries for $12,995.00 for the Sun iarden Isle Fishing Deck.
The motion passed on the following roll call vote:
5 MAY 9, 7995
The motion;_.d on the following roll call vote: \_-/
Commissioner Grace - yes Commissioner Jones - yes
Commissioner Mikes - yes Vice Mayor Bertino -yes
Mayor Hyde-yes
2. PROCI.AI4A?IOilS
2.1 "Emergency Medical Services lVeek" - May 74 - 20, 1995.
Mayor Hyde read the proclamation in its entirety declarin gMay 14 - 20, 1995, as "Emergency
Medical Services I[eek."
3. BIDS
4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 9.
2(a) AND (b) oF CHAPTER e oF TFIE CoDE oF ORDINANCES To PRoVIDE INCREASES
IN THE CHARGES FOR CEMETERYPLOTS AND INTERMENT COSTS; PRO\{IDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HERE\7ITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTI\,'E DATE.
Mike Smith, Personnel Director, explained that a survey has been provided in the backup on
Non Resident Burial Space & Interment Rates and that Dania may need to consider an
increase in rates for Non-Dania Residents only. He advised that Boca Raton limits burials to
residents only because of their limited space and suggested the idea of building a mausoleum
due to Dania's limited space.
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 Jones, seconded by Vice Mayor Bertino to adopt the
Ordinance on second reading amending Section 9-2(a) and (b) of Chapter 9 of the Codi of
Ordinances to provide an increase in the charges for cemetery plots and interment costs.
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
4.2 Petitioner/Owner - Maurice Young; propeny located on the west side of N\( 5
Avenue approximately 205' south of Nr0( 2 Street
VA-03-95 - A variance is requested to allow the construction of a two family residence
on a lot with insufficient lot frontage of 51.69'(60' required) and insufficient lot area of 5,636
sq. ft. (6,000 sq. ft. required).
Will Allen, Growth Management Director, explained that the property is within the CDBG
(Community Development Block Grant) area and zoned RD-5000 which requires 60' of
frontage and 6,000 square feet of lot area.
Maurice Young, owner of the property, was presenr to introduce his Architect, Graham A.
Geralds and to explain his intention to upgrade and enhance the propeny. Mr. Geralds
explained that the hardship is based on the fact that the zoning was changed in March of 1993
and that the propeny was sold to Mr. Young with the understanding rhat a duplex was
allowed.
6REGUI.AR ME,DTING MAY 9, 7995
4.PUBIJC IIEARIIYCI\S
Commissioner Grace mentioned that the vacant properties along the area in question will not
be vacant long as Dania Economic Development corporation is purchasing ai many lots as
possible to build single family homes. She stated that Dania has tried to build single family
homes and t\--rourage the duplex construction which encourages rentat.._/,-s and transient
people. Commissioner Grace commented on Dania being recognized as a City that is trying
to build single family homes in an effon to build up the communities and encouraged Mr.
Young to come back with a plan for a single family home.
Mayor Hyde was not convinced that a hardship exists and stated that the City is not
responsible that Mr. Young was misrepresented by his realtor when he purchased the
Property.
Mayor Hyde opened the public hearing. Hearing no one speak in favor or opposition, the
Mayor closed the public hearing.
Commissioner Grace stressed her desire to assist Mr. Young in becoming a part of the
community and explained that there are people who would be happy to assist him in
preparing plans for a single family residence.
A motion was made by Commissioner Grace, seconded by Commissioner Jones to deny VA-
04-95 as requested by Maurice Young.
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
5.1 Petitioner,/Owner - Maurice Young; property located on rhe wesr side of NII 5
Avenue approximately 205' sourh of NW 2 Street
SP-05-95 - A site plan approval is requested for a two-family residence.
This item was not addressed as the variance was denied in item 4.2.
6. CITfrZE,NS' COtriiltlYfS - Comments by Dania citizens or interested parries that are
not a part ofthe regular agenda should be given in writing or communicared verbally prior to
4:00 p.m. the (2nd) and founh (4th) Monday of each month. Comments of any nature will be
responded to by the office of the Ciry Manager. In the event that the concern remains
unresolved, the citizen(s) or party will be asked to address the City Commission during the
meetinB.
7. E;xPE.NDTTTTRERE9ITES"S
7.1 Approval of invoice from Bailey Hunt Jones & Busto in the amount oI $6,579.69 for
the period ending March 31, 7995, for airport related services.
City Manager Flatley advised that the bill from Bailey Hunt Jones & Busto has been reviewed
and that he recommends approval.
7REGUI"AR ME,ETING MAY 9, 7995
5. SITE PI.AIYS
A motion w1-rde by Vice Mayor Benino, seconded by Commissioner . ..s to approve
the expenditure oI $6,579.69 for the period ending March 31, 1995, as requested by Bailey
Hunt Jones & Busto. Vice Mayor Benino withdrew his motion to al1ow a motion by
Commissioner Jones.
A motion was made by Commissioner Jones to pay the litigation services as rendered and to
temporarily postpone all litigation procedures until further notice from the Commission.
City Attorney Adler advised Commissioner Jones that his motion is not proper as the motion
should be to pay the bill or not pay the bill and then another motion could be made separately
if Commissioner Jones chooses. Commissioner Jones restated his motion as follows:
A motion was made by Commissioner Jones, seconded by Commissioner Grace to deny
payment of the invoice tor $6,579.69 for Bailey Hunt Jones Ec Busto.
The motion failed on the following roll call vote:
Commissioner Grace - yes
Commissioner Mikes - no
Mayor Hyde - no
Commissioner Grace - no
Commissioner Mikes - yes
Mayor Hyde - yes
Commissioner Jones - yes
Vice Mayor Bertino- no
Commissioner Jones - no
Vice Mayor Bertino- yes
A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes ro approve
payment of the invoice ior $6,579.69 for Bailey Hunt Jones & Busto for period ending March
31., 1995.
The motion passed on the following roll call vote:
ITEM 8.2 IJTAS HEARD AFTER ITEM 7.1
A. DISCUSSIOIIIA]\IDPOSSIBLEACrION
8.1 Discussion on contracting for building inspectors with the Broward County Building
Inspection Department and adoption of the following resolution:
"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT BET'{TEEN BROITARD COLINTY AND THE CITY OF
DANIA PROVIDING FOR THE FURNISHING OF PLAN REVIE\T AND
INSPECTION SERVICES; 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."
Will Allen, Growth Management Director, recommended approval of the proposed Interlocal
Agreement with Broward County regarding inspection and plan review services. He
explained that the City's present mechanical inspector has been ill and is resigning due to his
health. The City has been providing services with Broward County on an interim basis and
aREGT/I.AR MEETING MAY 9, 7995
the agreemetL,rl allow the City to maintain a full service department ar1-rckup in case of
absence of any other inspectors.
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:
Commissioner Grace - yes Commissioner Jones - yes
Commissioner Mikes - yes Vice Mayor Benino- yes
Mayor Hyde - yes
ITEM 8.3 \WAS HEARD AFTER ITEM 8.1
ITEM 8.2 TTAS HEARD AFTER ITEM 7.1
8.2 Airpon litigation update.
Attorney Ed Curtis explained that there are three phases of the airport litigation which are
(t) the Injunction Lawsuit (2) Resolution and (3) Intervention. At ihis poini, each phase is at
the same place which is on appeal at the Fourth District coun of Appeals. The two issues
before the court are (1) to decide if any City, nor jusr Dania, has the right ro conresr
condemnation by the county in the city's territory and (2) to decide whether or not the ciry
of Dania would have the right to intervene in the condemnation acrion by presenting any of
the issues that the city would deem necessary as a municipality with jurisdiction whin tire
condemnation authority from the State of Florida is attempting to condemn within the
municipality. Mr. Cunis mentioned that this litigation is on new legal ground in the State of
Florida and only one other state in the United States has taken action on this type of issue and
the court decided in favor of the City.
Attorney curtis explained that action has been taken to stop the county's condemnation of
the 97 acres of property to the east of US 1 and to force the DRI review. Mr. curtis advised
that he failed to convince the court that the City should have a temporary injuncrion
restraining the condemnation but succeeded in the last three petitions from the court of
Appeals as the court ordered the county to show cause why the city's petition should not be
granted. The city lost at the trial court level but there is a glimmer of hope at the Appellate
Court level.
commissioner Jones questioned Attorney curtis on why the legal fees have gone so far over
and above what has been budgeted. Attorney Curtis felt that his services have been provided
well below the original budgeted amounr and reminded commissioner Jones thar thi most
expensive portion so far has been the negotiarions with the County. Marie Jabalee, Finance
Director, explained that Mr. Curtis has exceeded the $50,OOO budgeted lor the 94/95 fiscal
year but has nor exceeded the original budget of $+oo,o0o. Attorney curtis stated that he was
not av/are of rhe 94/95 fiscal year budget constraint and has always referred to the original
budget from 93 when discussing "rp"ridi rr..r.
Commissioner Jones stressed his concern that money is being wasted on the litigation and that
a decision should be made to postpone the litigation until the Commission can ger a handle on
REGIJI,AR MEETING I MAY 9, 7995
the amount \_ .Jney being spent and whether negotiations should be pu,.--.. with Broward
County.
Vice Mayor Bertino was in agreement that communications should be kept open with the
County and explained that the Commission only budgeted $50,000 as they thought it would
cover the litigation anticipated this year. He felt that the legal fees are under budget when you
take the full amount into consideration and that the City may save money by contacting the
League of Cities to see if they are interested in entering into the litigation with Dania on
behalf of other cities.
Commissioner Mikes reminded the public that the County was not cooperative with the City
from the beginning and that it has been difficult to determine the amount of money to budget
for legal action. Commissioner Mikes asked Attorney Cunis for an estimate on the amount
of money needed in the appellate process. Attorney Cunis stated that the majority of work,
including all of the Petitions for Vrit of Certiorari, have been completed for the Fourth
District Court of Appeals. Mr. Cunis estimated the need for another $10,000 to $15,000 at
this point as the Intervention portion is almost over and the same issue will be heard at the
Injunction phase.
Mr. Cunis didn't believe that the approvals received by the County have weakened the City's
position as the only significant action was FAA's approval of the layout plan which did not
give the County a commitment on funding.
Attorney Gallop thought that the County's approval of the plan of development should
strengthen the City's DRI position and that they are pursuing other action to hold up the
eminent domain proceedings to force the County to show the impact. If the County has to
deal with the impact then ultimately it would show whether funding is granted for the
expansion. Discussion followed on additional legal fees to be considered if the litigation goes
on to the State Supreme Coun level.
In response to Commissioner Jones' question on what would happen if the litigation was
postponed, Mr. Cunis stated that the City would lose and that it would not be a good
financial decision to halt legal proceedings right now. Mr. Cunis stated that the City has
spent money to get to this legal position and that the City is close to getting some answers on
the outcome of the legal action. Commissioner Mikes stressed his confidence in Mr. Cunis
and mentioned that the Commission has an obligation to pursue the litigation to protect some
4,000 residents.
Commissioner Grace mentioned her support of the litigation in the beginning when the
$400,000 was approved and how her position changed once the attorneys presented the City's
options. She stressed her desire to proteo residents in anyway possible but reminded the
Commission that they must consider the financial impact that the litigation is making on the
City as a whole. She presented further comments on the legal battle inTexas, similar to
Dania's litigation, that ended up costing millions of dollars over a ten year period.
Mayor Hyde didn't feel that the City should quit the fight at this point but that there is a need
for better communication between the City Manager and attorneys before funher legal action
REGIJI.AR ME'ETING 70 MAY 9, 7995
is taken. Mrq- -rtis recommended for the City to at least complete the 2F process and
decide later on whether to go through the Supreme Court process if the issue presents itself.
Commissioner Jones suggested that the City may have to open up some avenues of
communication with the County as the County is not going to make any effons towards the
City. Attorney Gallop advised that discussions have taken place with the Broward County
Regional Planning Council, the DCA Chief in charge of DRI Review, and Assistant County
Attorney, however, the County does not believe that mitigation is in their best interest at this
time.
Commissioner Mikes stated that the City's argument with the County was that the 1O,OO0
foot runway is not necessary at a cost of three quaners of a billion dollars when a 6,000 foot
nrnway could be built at a cost of 30 million dollars and provide sufficient use for another 20
years. Commissioner Mikes mentioned that no one wants to get into litigation but that the
future of the City is at stake.
At Vice Mayor Benino's suBgestion, Attorney Curtis agreed to speak with the City Manager
on obtaining direction from the Commission before taking any funher legal action.
ITEM 8.1 \TAS HEARD AFTER ITEM 8.2
8.3 \TAS HEARD AFTER ITEM 8.1
8.3 Status report on the Reuter Recycling Facility.
City Manager Flatley explained that US West and Reuter have been seeking a buyer for the
Reuter Recycling Facility for some time now and that the four cities (Hallandale, Pompano
Beach, Pembroke Pines and Dania) have heard a presentation from Chambers Development
in Okeechobee that is connected with P\flT Waste who is affiliated vrith Thames. The
presentation met the requirements of all four cities and it was determined that there would be
no increase in price from the current agreement, odor control elements would be constructed
and the City would be able to compost the facility.
City Manager Flatley advised that the cities agreed to entenain an agreement to allow the
facility to be renovated and reopened as it vras suppose to be initially and that Chambers
Development expects to be operating within a year of the permits and to be up to the 30o/o
minimum recycling requirement by the State.
Vice Mayor Benino mentioned that Pembroke Pines receives a cu[ out of the tonnage that
goes through the plant from the other cities because the plant is located in Pembroke Pines.
He suggested to look into the idea of Pembroke Pines using some of the funds they get from
the other cities to try to solve the odor problems. Marie Jabalee, Acting City Clerk, explained
that the buyers have confirmed that none of their costs are going to be funneled back to the
cities and that the cities are only going to incur contract costs and the cost of living increases
provided in the contract. Mr. Flatley advised that the buyers don't have to pass on charges to
the Cities because they are getting the facility at a remarkably inexpensive cost plus they are
taking over the bonds. Mr. Flatley stated that there stili will be a $3.00 a ton pass through
charge or host fee to Pembroke Pines and that the term of the contract is for 28 years.
RDGITI,AR ME,ETING 77 MAY 9, 7995
8.4 Discrl_-r on the possibility of adding elected officials to the rVas'. ,er Large lJser
Committee
Commissioner Mikes suggested the idea of adding elected officials to the W'astewater Large
User Committee based on the amount of funds that are involved or work with staff in
attending meetings.
City Manager Flatley suggested sending a letter to the lWastewater Large User Committee
inquiring on whether they would be interested in panicipating with Dania to add elected
officials. City Attorney Adler stated that the meetings are open an)'rime ro any
Commissioner and that mostly City Managers and City Engineers artend the meerings.
The Commission agreed to have Commissioner Mikes attend the meetings with Bud Palm,
Utilities/Public !(orks Director.
9. aPFOI1V?IIENTS
9.1 Appointment of three members to the Unsafe Structures Board.
A motion was made by Commissioner Grace. seconded bv Commissioner Iones to reanooinr
Richard Bettor, Real Estate Propeny Manager, and Clint6n F. Hill, Engineer, to the Unbafe
Structures Board.
The motion passed on the following roll call vote:
Commissioner Grace - yes Commissioner Jones - yes
Commissioner Mikes - yes Vice Mayor Berrino- yes
Mayor Hyde - yes
9.2 Appointment of members to the Airpon Advisory Board.
Mayor Hyde clarified that the Airpon Advisorv Board has been reduced to 15 members andthai each Commissioner needs to make rhree member appointments.
Commissioner Grace appointed Evan Leatherman, Al Spies and Anthony Srevens.
Commissioner Mikes appointed Ann Castro and Jay Fields.
Commissioner Mikes and Commissioner Grace stated that all of their appointments would be
for one year.
Mayor Hyde appointed Tom Taggart and Ronald Korman.
Commissioner Jones appointed Anthony Moultry, Jay Topper and Beulah Lair.
A motion was made by Commissioner Mikes, seconded by Commissioner Iones to aDDrove
the appointments as piesented by the Commission to rhe Airport Advisorj Board. ' ^
The motion passed on the following roll call vote:
Commissioner Grace - yes
Commissioner Mikes - yes
Mayor Hyde - yes
RE,GIJI,AR MEETING
Commissioner Jones - yes
Vice Mayor Benino- yes
72 MAY 9, 7995
9.3
9.4
appoli-t-..rt of members to the Community Center Advisory BoaX
Appointment of members to the Cultural Affairs Commirtee.
MAYOR FryDE ADVISED THAT ITEMS 9.3 AND 9.4 WILL NOT BE HEARD DUE
TO PREVIOUS ACTION TO ABOLISH THESE TITO BOARDS TINDER ITEM 1.4.
9.5 . Appointqrent of members to the Dania Economic Development and Downrown
Redevelopment Board.
Commissioner Jones appointed Kimberly Daise and \Tilbur Fernander Jr.
Commissioner Grace appointed Ronald Caner and Michael Moore.
Mayor Hyde appointed Charles Zidar.
A motion was made by Commissioner Jones, seconded by Commissioner Grace to approve
the appointments as presented by the Commission to the'Dania Economic Development andDowntown Redevelopment Boards.
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
9.6 Appointment of members to Human Relations Board.
Mayor Hyde confirmed that this board is still a 15 member board and each Commissioner
needs to make three member appointments.
Commissioner Grace appointed Roslyn Curry, Robert Adams and Virginia (en) Prescott.
Commissioner Jones appointed Merita Mitchell, Janice Peterman and Tom Grace.
Commissioner Mikes appointed Mildred Jones.
Mayor Hyde appointed Sophie Steele.
A motion was made by Commissioner-[ones, seconded by Commissioner Mikes ro aDDrove
the appointments as sibmined by the Commission to thi Human Relations Board. ^ ^
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
9.7 Appointment of members to the Marine Advisory Board.
Commissioner Mikes appointed Charles Stephens and lVilliam B. Wosenitz.
Mayor Hyde appointed Ted James and Debbie Helminger.
Commissioner Jones appointed Raymond Lair and Herbert Penn, [r.
REGTJI,AR ME,ETING 73 MAY 9, 7995
Commission race appointed Anthony Stevens. .\./
A motion was made by Commissioner Mikes, seconded by Commissioner fones ro approve
the appointments as submifted by the Commission to the'Marine Advisory" Board. ' '
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
9.8 Appointment of members to the Parks Er Recreation Advisory Board.
Commissioner Grace appointed Lorraine Gaskin and Diane Curry.
Commissioner Jones appointed Michelle Bryant and Barbara Bruce.
Commissioner Mikes appointed Alex Buchsbaum.
Mayor Hyde appointed John Michalski.
A motion was made by Commissioner lones, seconded by Commissioner Grace ro aDDrove
the appointments as sibmimed by the iommission ro thi Parks & Recreation Advis6i
Board.
The modon passed on the following roll call vote:
Commissioner Grace - yes Commissioner Jones - yes
Commissioner Mikes - yes Vice Mayor Benino- yes
Mayor Hyde - yes
9.9 Appointment of members to the Planning & Zoning Board.
Commissioner Jones appointed Kimberly Daise.
Commissioner Grace appointed John Chamberlain for a one year rerm.
Mayor Hyde appointed Mike Rozos.
Vice Mayor Benino appointed Dr. Roben Harris.
Commissioner Mikes replaced Cliff Iacino with Victor Lohmann for a one year term.
A motion was made by Commissioner Mikes. seconded by Commissioner lones ro aDDrove
the appointments to the Planning &. Zoning Board as pres;nted by the Cori-rmission.' '
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
9.10 Appointment of members to the Police & Fire Pension Board.
REGTJI,AR ME,ETING 74 MAY 9, 7995
Mayor Hydn. ,sed that there are four members to be aooointed bv the. mission at larse
and that the nrc--minations would be opened to the Commlision befoie actibEfs taken on the"
appointments.
Commissioner Grace nominated rtrTillie Baker.
Commissioner Mikes nominated Cathy David.
Commissioner Jones nominated Iflardell Lee.
Commissioner Benino nominated Robert Donly and Patti Fuccile.
Mayor Hyde nominated Beulah Lair and Mike Venezio.
Mayor Hyde asked the Commission to submit a slate of any four members for voting
PurPoses.
A motion was made by Commissioner Jones, seconded by Commissioner Grace to appoint
Patti Fuccile, \(illie Biker, Vardell Lee and Beulah Lair.-
The motion failed on the following roll call vote:
A motion was made by Commissioner Mikes, seconded by Commissioner Jones to appoint
Beulah Lair, Cathy David, I(ardell Lee and Roben Donly.
The motion passed on the following roll call vote:
Commissioner Grace - yes
Commissioner Mikes - no
Mayor Hyde - no
Commissioner Grace - no
Commissioner Mikes - yes
Mayor Hyde - yes
Commissioner Jones - yes
Vice Mayor Bertino- no
Commissioner Jones - yes
Vice Mayor Benino- no
9.11 Appointment of members to the Occupational License Review Committee.
Commissioner Grace appointed Howard Hirsch.
Commissioner Jones appointed Ronald Carter.
A motion was made by Commissioner Mikes, seconded by Commissioner Grace ro approve
the appointments as submitted to the Occupational Licenle Review Committee.
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
9.12 Appointment of Voting Delegate and Alternate to Broward League of Cities.
REGUI.AR ME.ETING 75 MAY 9, 7995
A motion w1 _.rde by Vice Mayor Benino, seconded by Commissioner -e to aoooint
Mayor Hyde i3-the V6ting Dele[ate ro the Iiroward League of Cities. UafiTUyde'rlfused
tne apporntment.
A motion was made by Vice Mayor Bertino for no delegate to be appointed from Dania onthe Broward League of Cities. Vice Mayor Bertino restited his moiion as follows.
A motion was made by Vice Mayor Benino, seconded by Commissioner Iones to aooointcommissioner Mikes as Voring Delegate and commissioner Grace as rhe"Alternate'tt theBroward League of Cities.
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
10. ADMINISTRATIVEREPORTS
City Manager
10.1 Health Fair on May 17 (Vednesday) 2:OO p.m. - 6:00 p.m. at Dania City Hall.
10.2 vorkshop scheduled for May 16 to discuss Harbour Towne boat ramp fees, Madsen-
Sapp auditor extension, DEDC future development plans, term limits, Educaiion committee,
charter review, budget review, Appearance & Beautification Board & other possible items.
City Attorney - no comments
77. C{)illurssrollrooMllEryts
11.1 CommissionerGrace
commissioner Grace mentioned thar.Eethel Baptist church received an award on Friday atthe Team Alliance Clergy Meeting held ar the Iirverary Raddison Hotel ""d ili"i rh" k"urro."
speaker was Reverend JessieJackson. she asked that BSo be available ar rhe next *o.klhopmeeting in order to presenr information from that meeting regarding youth problems.
commissioner crace requesred staff to check with FPL on her requesr to eet increasedlighting in the high crimi areas of the city. Mr. Flatley mentioned that FFL has scheduledengineering plansforJuly. Mike Smith, Personnel Director, advised rhat he is currentlyworking on the summer BETA Program and Commissioner Grace mentioned that she'knowssome students who are willing ro work in the BETA Program.
commissioner Grace stated her desire to begin an "Adopt a Streer or House" proeram withthe Kiwanis club to help clean up yards anJhouses. sh'e mentioned rhar "isirtisio Dania
Beach have complained about rhe maintenance of the Chickee Huts and asked staff to monitorthe clean up ln that area.
commissioner Grace asked thar a joint letter be senr from BSo and the citv of Dania toTouch of class advising them on their limited hours of operation due to ..i"rrt .roii"problems. She asked staffto check into why the City has'not received the brochurii and maofrom the chamber of commerce thatthe city fund6d some time ago. city Manager Flatley'advised that the Chamber encountered printiig problems which hai .r"."d , a"irf.- -
commissioner Grace suggested the need to address the City clerk position prior to the
DUOget worKshoP.
REGT]I,AR MD,ETING 76 MAY 9, 7995
Commissioner Jones thanked the churches who provided financial and moral supporr ro rhe
Carrie Stone Family recently and commended veterans who served their countryin \(.\f.ll.
Commissioner Iones advised that the Citv of Dania and NE Ootimist Leasue of Hollywood is
sponsoring the -4th Annual Lorenzo Whiie Men's Invitational Class D Softtall Tourn'ament
on May 27 and 28 at Modello Park.
11.3 CommissionerMikes
Commissioner Mikes aereed that there is a litterine Droblem at the beach and that siens should
be posted showing the almount of fine for rhis. He"ilked staff to review the City's liitering
ordinance on posting signs and to discuss the amount of fines for violations ar rhe nexr
worksnop meetlng.
Commissioner Mikes mentioned that some of the students in Youth In Government were
allowed to repeat the program this year and that the City's intentions should be to encourage
partrclpatron trom new students each year.
Commissioner Mikes commented on the success of the Marine Flea Market and sueeested staff
may need to look at whether or not another version of the asphalt map showing Di"nia streets
should be used in their brochure.
Commissioner Mikes advised that the Dixie Hiehway proposal is beins presented to each
Commissioner showing the impact to neishbortroods ind ihat a *orkihbo meerins should be
scheduled with the pub'lic. He Lomm"rrte"d on the recent report showine'a reductiEn in flows
to Hollywood or, J"rt. water that was presenred bv Bud Pilm, Utilities"Director and asked
staff to check into the lighting problem it the pier tlue to security concerns.
Commissioner Mikes congratulated Lt. Anton on his career opportunity at Port Everglades.
ll.4 Vice-MayorBertino
Vice Mayor Bertino stated his concern that residences do not have the proper house numbers
on them and that this is a concern in the event of an emergency. He rdqueited that this item
be included on the next workshop meeting for further dis&rssi'on.
11.5 Mayor Hyde
Mayor Hyde reported that the unveiline of the sien renamins N\fl Park Street to Hill Street is
schiduled fo_r May 20 and suggested thaian Ad H"oc Commit-tee be formed to plan a pirates
convention for next years Marine Flea Market.
TIIIS MEEHilG WAS AII'OURIIIED.
/dL//Lt-
MAYOR.COV#WISSIONr,jFt
CITY CI,ERK-AIJDITOR
RECUI.A.R MEETING 77 MAY 9, 7995