HomeMy WebLinkAbout1995-02-15 Regular City Commission Meeting MinutesINVOCATION BY CITY MANAGER, ROBERT F. FUTILEY
PLEDGE OF ALLEGIANCE
ROLL GALL:
Present:
Mayor:
Vice Mayor:
Commissioners:
City Manager:
City Attorney:
Acting City Clerk:
MINUTES
DAilIA CITY COMIIIISSION
REGULAR MEETING
FEBRUARY 15, 1995
Bob Mikes
Bobbie Grace
John Bertino
Bill Hyde
Albert Jones
Robert Flatley
Frank Adler
Marie Jabalee
PRESEIYIATIOIIIS
*General Employee of the Month Award
Citv Manaser Flatlev advised that the Citv will be presentins an award on a monthly basis to a General
Employee iho h". iho*n outstanding de'dicated r.'*i.. to tf,e citizens of the city.
Mike Smirh, Personnel Director, presented a plaque to Joanne Johnson awarding her Employee of the
Month for February for her outstanding performance in her duties at the cemetery and as a Crew
Leader in the Public Vorks Depanment.
*BSO Deputy of the Month Award
Chief Rick Frey, BSO, presented rhe Deputy of the Month Award for January to Deputy Darrin Dowe.
It was exolainefr'th"t DLort, Do-. obtiinet the hiehest work load p"i.".,t"e" for hii shifr durine the
month arld that his initiitivi and professionalism ori a consistent bas'is *ar.aited this commendat'ion.
Vice Mavor Grace exoressed aooreciation to loanne Iohnson for her hard work efforts in the Public
Vorks 6epartm"r, ,i'rd .".ogi,ized Deputy bo*"r fo. his continued dedication to the City.
1REGULAR MEETING FEBRUARY 15, 1995
oFire Administrative Repon, announcement of $59,340 grant received and EMS "Quilt Plan" update.
Fire Chief Grammer reponed that two computers have been ordered from the Broward County srant
and that a matching grant for $60.000 was re'ceived from rhe State o[ Florida HRS/EMS Office.' "
Chief Grammer reponed that the seventeen Broward County Cities are still united in their effon to
oppose the Counry's action r.o change the EMS system and that meetings are continuing with Broward
County in regards to the EMS Quilt Plan.
"Bike-a-Thon for St. Jude's Children's Research Hospital
Barbara LaMarsh informed the public that the St. Tude's Children's Research Hospital Bike-a-Thon will
be held Februarv 25. 1995. at tlie Dania Iai Alai oirkine lot from 7:45 a.m. to lO:dO a.m. Ms. LaMarsh
presented inforiration on the srrccessfr l iesearch. oatierit care and educational Drograms made oossible
by the Bike-A-Thon campaign due to this internat'ionally recognized Hospital.' Sh'e prouided further
information on where donations could be made to the hospital.
PULI.ED FROM THE CO]VSE]\TT AGE]TIDA
Mayor Mikes pulled item 1.4 from the Consent Agenda.
CO]IISE]VTAGEJIIDA
Minutes
l.l Regular meeting of January lA, 1,995
1.2 Special Meeting of January 17, 1995
Bills (This item was numbered in error on the agenda)
1.3 Approval of bills paid in the month of November, 1994
Approval of bills paid in the month of December, 1994
Resolutions
1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE
AGREEMENT FOR FISHING PIER BAIT AND TACKLE SHOP BETTTEEN THE
CITY OF DANIA AND PIER MANAGEMENT, INC.; AND PROVIDING FOR AN
EFFECTIVE DATE."
1.6 " A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING CHANGE
ORDER SUBMITTED BY RECREATIONAL DESIGN & CONSTRUCTION, INC.
RELATING TO CONSTRUCTION OF TENNIS COURT AND VOLLEYBALL
COURT AT MELI PARK AND AUTHORIZING THE EXPENDITURE OF $9,675.00
TO FLIND SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE
DATE."
7.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ESTABLISHING FEES TO
BE CHARGED FOR USE OF THE CITY'S NYBERG/S\flANSON HOUSE;
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
7
2REGULAR MEETING FEBRUARY 15, 1995
CONFLICT HERE\TITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Vice Mayor Grace, seconded by Commissioner Jones to approve the
Consent Agenda with the exception of item 1.4.
The motion passed on the following ro11 call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Mikes - yes
PULLED FROM THE CONSENT AGENDA
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING STRA\fl
BALLOT QUESTION TO BE PRESENTED FOR CONSIDERATION BY VOTERS ON
MARCH 14, 1995, GENERAL ELECTION BALLOT RELATING TO ASSIGNMENT OF
SEAFAIR LEASE TO FLORIDA ATLANTIC UNIVERSITY; AND PROVIDING FOR
AN EFFECTIVE DATE."
City Manager Flatley read a letter received from Donald R. Hall, Attorney for FAU, advising
that in accordance with Chapter 235, Florida Statute, the University cannot construct or
operate improvements on leased land unless the term of the lease is 40 years or more.
City Attorney Adler explained that the wording on the straw ballot can be changed to a 40
year term and that the Charter provides for a maximum 20 years in regards to lease
negotiation unless the lessee makes substantial improvements to the property.
City Manager Flatley reported that the appraisals for the Seafair site are still being completed
and that FAU cannot purchase property for anymore than the amount of the state appraisal
on the buildings. Mr. Flatley didn't expect to hear from Aragon Group on a counter proposal
until after the appraisals were finished.
Mayor Mikes mentioned that several research facilities in and around Dania have not provided
business spin-off and that the citizens should not expect this from the FAU project as
represented. Mayor Mikes also cautioned adion to enter into a lease with a university who
will be able to pursue special act procedures through the legislature which would leave the
City with no control over vital city owned propeny.
Commissioner Bertino agreed with Mayor Mikes that the current proposal from
Aragon/FAU was not acceptable. He felt it was unfortunate that the appraisals are not
finished on the property so that further facts and figures could be provided to the citizens on
the Straw Baliot question March 14, 1995.
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to adopt the
resolution approving Straw Ballot Question to be presented for consideration by voters on
REGULAR MEETING 3 PEBRUARY 15, 1995
Commissioner Hyde - yes
Vice Mayor Grace - yes
March 14, 1995, General Election Ballot relating to assignment of Seafair Lease to Florida
Atlantic University.
Commissioner Hyde-yes
Vice Mayor Grace - yes
City Attorney Adler clarified for the public that this resolution does not approve any lease or
agreement at this time but provides the Commission the opportunity to review a lease for 40
years with FAU and Aragon Group instead of the previous 30 year term.
ITEM 8.3 \TAS HEARD AT THIS TIME.
2. PROCLAMATIONS
2.7 Mayor Mikes read the proclamation in its entirety declaring February 1995 - "BLACK
HISTORYMONTH."
2.2 Mayor Mikes read the proclamation in its entirety declaring Febru ary 3 & 4, 1995 -
"EARL'BUBBA' \TASHINGTON DAYS."
2.3 Mayor Mikes read the prociamation in its entirety declaring February 28, 1995 -
"CAREER EXPO'95 DAY."
2.4 Mayor Mikes read the proclamation in its entirety declaring March 1995 - "\(OMEN'S
HISTORYMONTH."
2.5 Mayor Mikes read the proclamation in its entirety declaring March 4, 1995, as "Veta Mae
Peterman Day."
Commissioner Jones presented a plaque to Mrs. Peterman and included his personal
comments on how she has been an inspiration in his life. Mrs. Peterman expressed her
appreciation for being presented with the honor.
2.6 Mayor Mikes read the proclamation in its entirety declaring March 72,7995, "Genevieve
C. Ely Day."
Kun Ely came forward to provide his own comments about his mother's life and her
contributions to bringing antiqlres to the City of Dania.
City Attorney Adler commented on his friendship with Mrs. Ely and mentioned that she was
responsible for creating a Recreation Department for children in the City.
4REGULAR MEETING FEBRUARY 15, 1995
The motion passed on the following roll call vote:
Commissioner Bertino -yes
Commissioner Jones - yes
Mayor Mikes - yes
3. BIDS
3.1"A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACCEPTING BID
SUBMITTED BY THE MURPHY CONSTRUCTION CO. IN THE AMOTINT OF
EIGHTY THOUSAND TITENTY-SEVEN AND NO/100 ($80,027.00) FOR
CONSTRUCTION OF WHISKEY CREEK BOAT DOCKS; AND PROVIDING FOR
AN EFFECTIVE DATE."
Dan Oyler, City Planner, explained that one bid was received from Murphy Construction for
$80,027.00 for construction of ri(hiskey Creek Boat Docks and that the project is being
funded from a Broward County grant for $50,000. He advised that Murphy Construction's
bid was so high due to permitting requirements and that they are trying to reduce their price
to a more acceptable amount.
The motion passed on the following roll call vote'
CommissionerBertino-yes CommissionerHyde-yes
Commissioner Jones - yes Vice Mayor Grace - yes
Mayor Mikes - yes
7. EXPENDITURE REQUESTS
7.1 Approval of invoice from Bailey Hunt Jones & Busto in the amount of $1,209.08 for the
period ending December 31, 1994, for airport related services.
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to approve
the invoice from Bailey Hunt Jones & Busto for $1,209.08 for period ending December 31,
1994.
The motion passed on the following roll call vote:
6. CITIZENS' COMMENTS - Comments bv Dania citizens or interested Danies that are
not a Dan o[ the rezular aeenda should be eiven in writine or communicated v6rballv prior to
4:OO p'.m. the (2nd)"and foirnh (ath) Mondiv of each monih. Comments of any nature'*ill be
resoonded to bv ihe office of'the Citv Manaser. In the event that the concern remains
uniesolved, the citizen(s) or party *ill'be askeJ to address the City Commission during the
meetmg.
Commissioner Benino -yes
Commissioner Jones - no
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - no
5REGULAR MEETING FEBRUARY 15, 1995
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to defer the
resolution for one month.
4. PUBLIC HEARINGS - none
5. SITE PLANS - none
7.2 Approval of invoice from Cunis & Cunis in the amount of $11,008.74 for the period
ending January 24, 1995, for airpon related services.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approye
the invoice from Curtis & Cunis for $11,008.04 for period endingJanuary 24, 1995.
City Manager Flatley advised that the City will be conducting a Quasi Judicial Public Hearing
at the next regular meeting February 28, 1995, which is a legal response to Broward County's
recent action to t,,ke 97 acres of city property east of U.S. 1. Mr. Flatley explained that
attorneys' Ed Cunis and Earl Gallop and a court reporter will be present at the public
hearing.
The motion passed on the following roll call vote
Commissioner Benino -yes
Commissioner Jones - no
Mayor Mikes - yes
8. DISCUSSION AND POSSIBLE ACTION
8.1 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to
approve the Acceptance of Cenification of Primary Election reiults from the Broward
County Canvassing Board.
The motion passed on the following roll call vote,
CommissionerBertino-yes CommissionerHyde-yes
Commissioner Jones - yes Mayor Mikes - yes
Vice Mayor Grace was absent from the room at this time.
ITEM 8.4 \flAS HEARD AFTER ITEM 8.1
8.2 WAS HEARD AFTER ITEM 8.3
8.2..Remaining items to complete the Dania Pier and establishment of an opening date and
dedrcatron ceremony.
Kevin McCabe, Coastal Technology, explained that the pier is substantially complete at this
time with some minor Dunch list iili"r t" be finished. Iie expressed his aporeciaiion to
Murphy Construction lor their outstanding performance durlng the *hofe'process and
mentioned that a change order for a reduction in the contract amount wilI be presented at the
Februarv 28 Commission Meetine. Mr. McCabe stated that a Dercentase of Murohv's retainer
will be 6etd until the disposal of tle debris is completed in accordance inith th"il.Jnt.r.t
requrrements.
Mr. McCabe advised that the Temporary Bait and Tackle Shop trailer will be placed on the
west end of the pier deck sometimi this'week and that other electrical and *aier issues need to
be worked out ;ntil the water and sewer line extension is completed from the Seafair building
REGULAR IIIEETIIIIG 6 FEBRUARY 15, 1995
Commissioner Hyde-yes
Vice Mayor Grace - no
north to the Pier. He mentioned that bid proposals for extendinq the water and sewer lines
are expected around March I and that consiruction could begin s6metime in April and take 90
to 1OO' days to complete.
Citv Manaeer Flatlev advised that the openine of the oier is beine coordinated with the One-
Ton Tug f& March tg and that " pr"-oli"r,irrgion March I witl al%w people to fish and to see
how things are working before the formal opening. Discussion iollowed on landscaping needs
before the opening and whether it is cost effecrive to have Murphy install the Iandscaping
instead of the reduction in the proposed Change Order.
Dan Oyler, City Planner, mentioned that he alreadv decided that funds for the landscaping
could be d.d"o.d from the orooosed Chanse Ordei from Murohv Construction rrd tLrt'l-r"
has additional funds from th'" pkOnp g.rnito combine a berrer lindscape scheme with the
help of city crew and community assistance.
City Manager Flatley mentioned that a bronze plaque is being prepared for the grand opening
of the pier.
A motion was made by Commissioner Hyde, seconded by Commissioner Benino to approve
the plaque to read "The City of Dania Ocean Pier." The morion passed unanimously.
Dan Oyler presented his recommendation to grant approval to expend $2,000 to provide
concrete and wood benches for the oier. Mr. Flatlev recommended to use continsencv funds
for the benches and advised that seclrity is being prtvided at the Pier from 6:OO plm. io 6,OO
a.m.
A motion .was m1{g by C-om.missioner Bertino, seconded !I Commissioner.Hyde to approve
an expenditure of $2,000 for benches at the pier from the Contingency Fund. The motron
passed unammously.
ITEM 2 \TAS HEARD AFTER ITEM 8.2.
8.3 \TAS HEARD AFTER ITEM 1.4
8.3 Request by Mt. Pleasant AME Church for permission to hold a carnival on Hill Property.
Vice Mayor Crace expressed appreciation to Mr. Bill Hill for allowing Mt. Pleasant AME
Church to hold their carnival on his propeny. She expressed appreciation to Mt. Zion, Mt.
Pleasanr and United Methodist Churih df Olnia for bbnding together for this event since they
are partly in Hollywood and Dania and presented a list of benefits to the City.
\(iill Allen, Crowth Management Director, explained that the Greater Mt. Pleasant AME
Church has reouested to hold a Hildebrand Cirnival from Wednesdav. Februarv 22 to
Sunday, Februiry 26, 1995, at the northwes! corner of Stirling Road'and PhippLn-Waiters
Road. The request includes waiver of all permit fees which are estimated at $906.25 plus
inspection fees'at a minimum of $35.00 each to check the electrical wiring and inspecltion of
tenis under the South Florida Building Code. Mr. Allen explained rhat there are potential
noise. rraffic and security concerns sinie the properly abuts residential propeny on rhe nonh
and presented the following list of suggested conditions:
1) The site plan is suggested to be altered in the following manner:
a) Limit access to Phiooen-tWaiters Road onlv. nonh oI the antioue store:
b') Realign the site pl#so that all parking is 'on the east end o[ tl-ie site
7 FEBRUARY 15, 1995REGULAR MEETING
c) Install a temporary fence along the north properry line to aid security and protect
ad;ornrng propeny;
d) Provide trash containers as shown on site plan;
e) Limit hours of operation to 9:00 p.m. on *eeknights and 'l l:OO p.m. on weekend
2) BSO should be contacted to provide traffic control and security assistance.
3) Cenificates of Inspection of the rides by the Department of Agriculture be supplied prior
to opening and the rides and grounds be inqpected aid approved bi rhe Dania Firi'
Depanment prior to opening.
4) The Certificate of Insurance be updated to include the City of Dania and properry owner
as additional insured.
Mr. Allen clarified for Commissioner Jones that this is the normal procedure that is followed
on any request to hold a carnival.
In regards to the conditions, Lucy Thomas, Mt. Pleasant AME Church, explained that the
carniial hours of operation are Wednesday and Thursday 5:00 p.m. to 10:OO p.m., Sunday l:OO
p.m. to 10:00 p.m., Saturday 1:00 p.m. to 11:OO p.m.. and Friday will close between 1l:30 and
l2:00 midnight. She advised that the state inspection required on rhe rides from the
Depanment of Agriculture and the fire and electrical inspections will be completed prior to\Wednesdav before the 5:00 p.m. oDenina. She could not suarantee that there would not be
any noise frroblems and askld the'City for assistance in pioviding the temporary fence thar
has been requested in the conditions. Ms. Thomas explained that the security and traffic
control has been worked out with BSO with the help'of some citizens and that the rrash
concerns will be handled.
Chief Frey. BSO, suggested to move the carnival [o the west end of the propeny and parking
on the east so that actiss could come from the nonh side along Phippen:Vaiters Road due to
congestion on Stirling Road. Ms. Thomas explained that the insurince certificate will include
the Citv o[ Dania and Mr. Hill as addtionallv insured and Mr. Allen reouested that she
contac['All;ed Specialty Insurance as they had not been notified as of thii date.
A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to approve the
request to hold a Carnival by Greater Mt. Pleasant A.M.E. Church with the stipulations being
met as presented, to install a fence and to waive the fees since the church is a non-profit
organization.
The motion passed on the {ollowing roll call vote'
Commissioner Bertino -yes
Commissioner Jones - yes
Mayor Mikes - yes
Commissioner Hyde-yes
Vice Mayor Grace - yes
ITEM 8.2 \TAS HEARD AFTER 8.3
8.4 TTAS HEARD AFTER ITEM 8.1
8.4 Approval of City banner design.
Dan Oyler, City Planner, mentioned that it was going to cost more than $60.00 per banner to
include color and that the Commission had agreed to only $45.00 per banner at ihe last
BREGULAR MEETING FEBRUARY 15, 1995
workshop meeting.. He suggested the idea of offsetting the price by having businesses sponsor
the banners by lncluclng thelr name on the banner.
The Commission aqreed to install 50 banners and pay the cosr without Dromotins business
spgnsorship.. Mr. 6yler mentioned that he would'96 out ro bid for thelanners a"nd bring theinformation back to the Commission.
8.5 Use of LT. Parker for Las Vegas Night & Black History Night.
Mike Smith, Personnel Director, mentioned that the Community Center Board reviewed the
policy on waiving fees for using the I.T. Parker Center for non-profit organizations and
decided it would be too hard to choose the most wonhy organizitions. The board thought it
would be better to waive the fees on events [hat are co-;pon;ored by the City.
A motion was made by Commissioner Bertino, seconded by Commissioner .lones to co-
sponsor the Dania Optimist Club and Kiwanis Club Las Vegas Night on Mirch 10, 1995,
and Dania Activity Committee Black History Program on February 17,1995, at the I.T.
Parker Communiiy Center. The motion passed uianimously.
9. APPOINTMENTS
9.1 Commissioner Bertino continued his appointment of 1 member to the Airpon Advisory
Board to the next regular meeting.
9.2 Appointment of 4 members to the Unsafe Structures Board
A motion was made by Commissioner Hyde, seconded by Commissioner Benino to
reappoint Frank Hill as General Contractor, Harry Hipler as Attorney and Sam Jolly as
Plumber on the Unsafe Structures Board. The motion passed unanimously.
The appointment of the Real Estate Appraiser was continued.
9.3 The Commission continued the appointment of 1 member to the Downtown
Redevelopment Agency and Dania Economic Development Board to the next regular
meering.
9.4 One more citizen nomination needed from Commission for employees to hold an
election for Civil Service Board.
A motion was made by Commissioner Jones, seconded by Commissioner Benino to
nominate Boisey Vaiters Jr. as the third citizen nomination for the Civil Service Board
election. The motion passed unanimously.
10. ADMINISTRATIVE REPORTS
City Manager
10.1 Workshop to be scheduled for February 2l (7:
Grace), education advisory committee (Comm. .lones),
cleaning machine, occupalional license fee adjustment, fi
30 p.m.) to discuss BSO (Vice-Mayor
Banyan.property development, beach
re tee adrustments, etc.
FEBRUARY 15, 1995REGULAR MEETING v
10.2 Quasi Judicial Hearing on the airport expansion issue will take place on February 28,
1995, Q:30 p.m. - 9:30 p.m.) at Dania City Hall, City Commission Chambers.
Mayor Mikes read the title of the resolution for the hearing.
City Attorney Adler congratulated Vice Mayor Bobbie Grace {or being nominated to the'$Uomen's Hall of Fame.
11. COMMISSION COMMENTS
1 l.l Commissioner Bertino - no comments
l l.2Commissioner Hyde
Commissioner Hyde mentioned that Citv Hall is too cold and that staff is suppose to be
conserving enerfr and cost. He srggested to st.art a new intern program this lummer to give
young, higl schi6l graduater "n opi6nrrrrity to come and learn lboit City Government.
1 l.3Commissioner Jones
Commissioner Jones mentioned that Southern Sanitation is not picking up garbage and
missing some of the addresses on their route.
Commissioner Jones mentioned that he is working with BSO on the problem with delivery
businesses who will not deliver in certain sections of the City after 5:00 p.m.
X 1.4Vice-Mayor Grace
Vice Mayor Grace thanked Tones Intercable for airine the "Candidates Nieht" on Februarv 8,
1995, and took a few minutis to acknowledge emplolee Charlie Thomas lor his 20 years with
the City of Dania.
Vice Mayor Crace commented on her attendance at the opening ceremony of the Sea Escape
Buildine across from the old Holh,wood Federal Buildins. She reminded rhe oublic o[ the
Black Fiistorv Prosram beins held at73A o.m. on Februirv i7 at the LT. Parter Center. She
asked staff to'look'into whyihe grass is still not down on ftw I Street and to ensure thar trees
and hedges are planted.
Vice Mavor Crace invited the oublic to attend Old Fashioned Dav on Sundav at Bethel
Baptist ihurch and mentioned her appreciation for being one of ihe 33 women being
nominated for the Vomens Hall of Fame during Women's History Month.
Vice Mayor Grace expressed appreciation to all of those who were involved in the recent
Primary Election proiess and Encouraged the public to vote in the upcoming General
Election.
11.5Mayor Mikes
Mayor Mikes mentioned that there were a number of candidates in this past election and
congratulated Commissioner Hvde ior beine the hiehest vote eetter. Hi encourased oeoole ro
vote"in the upcoming Ceneral Ele.tion ,nd io--eided those"who were responsiBl. Io. ih"
professional ilay thetandidates Night was handled.
REGUTAR MEEflNG 10 FEBRUARY 15, 1995
Mayor Mikes mentioned that the Sea Escape Building is a positive impact on the City as it will
bnng employment to the Crty.
Commissioner lones encourased the oublic to contact him on anv businesses that mav be
discriminating ind mentioneJhis spe'aking engagement at the Chtrch of God on Febiuary 19
for Family Diy.
This regular meetinEl adjourned.
CITY CLER DITOR
MAYOR.COMM IONER
REGULAR MEE"TING 11 FEBRUARY 15, 1995