HomeMy WebLinkAbout1994-11-08 Regular City Commission Meeting MinutesUINUTES
DANIA ClrY COMMISSION
REGULAR MEETING
ilovEMBER 8, 1994
lNvocATloN BY ctTY MANAGER, ROBERT F. FLATLEY
PLEDGE OF ALLEGIANCE
ROLL CALL:
Present:
Mayor:
Vice Mayor:
Commissioners
City Manager:
City Attorney:
Deputy City Clerk:
Bob Mikes
Bobbie Grace
John Bertino
Bill Hyde
Albert Jones
Robert Flatley
Frank Adler
Marie Jabalee
Mayor Mikes explained that the cake replicating the Nyberg/Swanson House was donated by
Grampa's Bakery in conjunction with the City's 9fth Birthday Celebration and Pioneer Days
that took place from November 4 through 6.
*Binhday Gift from Dania Civic Association
Tony Stevens, Dania Civic Association, presented the City of Dania with a clock for the
Commission Chambers for the City's 90th Birthday. Mayor Mikes thanked the Dania Civic
Association for their thoughtfulness and for their efforts on behalf of the City.
*Red Ribbon Awards
Deputy Pato, BSO, awarded the 1st, 2nd and 3rd place winners for the Red Ribbon Program:
Olsen Middle School: 3rd Place - Tara Endres
2nd Place - Naomi Harbutuk
lst Place - Deanna McWilliams
1REGUIAR MEEIING NOVEMBER 8, 1994
PRESENTATIONS
Dania Elementary: 3rd Place -
Mrs. uflalsh's Group
Arati Maharaj
Paul Newbecker
2nd Place
Mr. Aguilar's Group
Milisav Nastevski
Stanley Gillen
1st Place
Mrs. Kennedy's Group
Jody Bebon
Ednal Novembre
A representative from Dania Elementary explained that Meredith Rumble was responsible for
most ofthe efforts to get the children involved in the program and that she was unable to
attend tonight's function. He accepted the awards on behalf of the children and Dania
Elementary School.
Collins Elementary: Daniel Thompson -3rd Place
Malcolm King - 2nd Place
Voncia Bozeman - 1st Place
At this time, children from Collins Elementary came forward to read poetry stressing the
need to "Say No To Drugs".
Deputy Pato expressed his appreciation to the principals, teachers and students at the schools.
He presented plaques of Appreciation to Olsen Middle School and Dania Elementary and gave
particular acknowledgment to Mrs. \(ard, Collins Elementary, for her efforts in the Red
Ribbon Program.
Lt. Anton, BSO, commended Deputy Pato for his tireless effons in coordinating the events
for the "Red Ribbon" program and thanked the Kiwanis Club for providing the funding for
the trophies and plaques for the schools.
Vice Mayor Grace acknowledged Mrs. Cynthia Anderson, Principal, Collins Elementary
School.
2REGULAR MEEIING NOVEMBER 8, 1994
Mrs. Braverman's Group
Liram Sustiel
Margarie Vismonte
+"Steppin Out in the Nineties"
Vice Mayor Grace expressed appreciation to the Cultural Affairs Committee for their help in
the "Steppin Out in the Nineties" event. She extended a special thank you to Jay Field for his
help in the event and Committee involvement on her behalf. Vice Mayor Grace mentioned
that Charlie McKenna is a dedicated employee and presented him with a special
commendation for his help in the event.
*BSO Deputy of Month
Lt. Anton, BSO, reported that the "Deputy of the Month" award is being presented to
Detective Bob Landerville for his distinguished performance in solving recent burglaries in
Dania.
*Fire Administrative Report
Battalion Chief, Mike Bernardo, reponed 744 fire and 290 medical rescue calls for the month
of October vzhich involved a total fire loss of $20,100. He mentioned that a Fire Safety Poster
Contest was held with Olsen Middle, Dania Elementary and Collins Elementary Schools as
pan of the Fire Prevention \7eek activities. The theme of the contest was "Test Your
Deteoor for Life" and the contest winners from the 142 entries are as follows:
Lareithae Johnson -Collins Elementary
Daniel Thompson-Collins Elementary
Palia Torez-Dania Elementary
Jenifer Lampkin-Dania Elementary
Sherrine Petridor-Olsen Middle
Daniel Harrington-Olsen Middle
Battalion Chief Bernardo explained that the Fire Depanment provided Public Education
Presentations for Camp Blanding Day Care, Peterman's School, Learn and Smile Day Care,
Dania Elementary Kinderganen and 2nd Grade and that this included a video on fire safety
and fire rescue vehicles were displayed.
Battalion Chief Bernardo presented the "3rd Quaner EMS Award" to Firefighter,/Paramedic
Robert Basic for his outstanding services to Dania and the Fire Department.
EMPLOYEE PRESENTATIONS \flERE HEARD AFTER ITEM 8.4
City Manager Flatley explained the accomplishments of the following individuals while
presenting them plaques for their efforts in making the 9Oth Binhday Celebration a success:
BSO - Lt. Anton
Ed Tarmey. Fire Department
Dan Oyler, City Planner
3REGULAR MEE]ING NOVEMBER 8, 1994
Rose Marie Marco, Recreation Dept.
Mike Smith, Personnel Director
Lou Ann Cunningham, Growth Management Department
Leo Villiams, Public \Works Superintendent
\(ill Allen, Growth Management Director
The Commission expressed their appreciation to the employees who parcicipated in the event
and to all Dania employees for their dedication to the City of Dania. Mayor Mikes
mentioned that a list of volunteers that were involved in the event will be presented at the
next meeting.
City Manager Flatley presented a special commendation plaque to Ifiill Allen, Growth
Management Director, for his extensive involvement in coordinating and planning the City's
Birthday event. Mr. Allen mentioned that there were many employees who assisted him in
the event and expressed appreciation to the Commission for recognizing the employees who
devoted their time.
THE COMMISSION RETURNED TO APPOINTMENTS ON THE AGENDA AFTER
THE EMPLOYEE PRESENTATIONS
PULLED FROM THE CONSENT AGENDA
Mayor Mikes pulled item 1.5 from the Consent Agenda.
1. CONSENTAGENDA
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to approve
the Consent Agenda with the exception of item 1.5.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Mikes - yes
1.5 Commissioner Jones felt that the ordinance securing vacant commercial buildings with
ten thousand (10,000) or more square feet may be too restrictive by eliminating some
properties that may cause a public safety problem.
Commissioner Hyde clarified that the ordinance does include apartment buildings, hotels,
motels, mobile home parks and other housing complexes and that the ordinance is now
including commercial buildings containing 10,000 square feet of floor space.
4REGULAR MEETING NOVEMBER 8, 1994
Commissioner Hyde - yes
Vice Mayor Grace - yes
A motion was made by Commissioner Hyde, seconded by Commissioner Jones to adopt the
ordinance on first reading and to continue discussion to the November 15 workshop prior to
second reading on November 22.
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
3.
4.
5.
2. PROCLAMATIONS
Addendum
2.1 Commissioner Bertino read the proclamation declaring "Merita Mitchell Day"
November 19,1994. He explained his personal experience working with Merita Mitchell and
commended her expenise in working with children.
BIDS - none
PUBLIC HEARINGS -none
CITIZENS' COMMENTS
5.1 Bob Adams expressed his displeasure with comments made by Mayor Mikes at the
October 25 Regular Commission Meeting where Mayor Mikes questioned the accuracy a
letter he wrote in the Reporter Newspaper. Mr. Adams stated that Mayor Mikes has made
reference that the City's Airpon Attorneys were told by some unidentified entiry to
recommend approval of the Interlocal Agreement on the airport expansion, Mr. Adams
accused Mayor Mikes' of misleading the public with statements that the Marina Mile property
was never a pan of the properties being annexed to the City in the agreement. He encouraged
the public to verify the accnrtcy of his statement by reviewing the section of the Interlocal
Agreement that clearly states that the Marina Mile property was, in fact, one of the parcels of
valuable land being annexed.
Mr. Adams continued to say that Mayor Mikes' resorts to personal inveoives against anyone
who dares to disagree with pursuing the lawsuit opposing the airpon expansion and that
Mayor Mikes uses his position on the Commission to attempt to defame the character o{
persons who disagree with him. Mr. Adams commented on the damage that can be done
when untrue statements are spread around long enough to where people believe it as the truth.
He asked Mayor Mikes to put to rest his statements that Commissioner Jones and Vice Mayor
Grace do not care about the residents of Dania because they voted in favor of the Interlocal
Agreement.
5REGULAR MEETING NOVEMBER 8, 1994
Mayor Mikes advised Mr. Adams that he referred to some letters to the editor, that he never
mentioned any names and that it was the Marina Bay property not Marina Mile property that
he referred to in his comments at the October 25 meeting. Mayor Mikes explained that the
Marina Bay property was the largest tax paying parcel being considered and was removed
from the Interlocal Agreement way before it came to the City Commission for action. Mayor
Mikes stated his opinion that the Interlocal Agreement was going to cause the City to lose a
six figure amount of revenue by deannexinggT rcres east of the a;irpon. Mayor Mikes stated
that the Reporter Newspaper is dominated by three potential candidates for election who are
writing letters under the name of a previous Commissioner and that this needs to be made
clear to the public. Mayor Mikes felt that the Commission took on an obligation to protect
those neighborhoods out west from the Broward County Airport expansion when the
voluntarily annex took place a few years ago. Mayor Mikes stated that the County wanted
Dania to deannex the 97 acres to remove Dania's power in the DRI process and that they
wanted the City to sell out the residents impacted by the expansion.
Vice Mayor Grace asked Mayor Mikes to identi{y the three Commissioners who he says are
being asked by the County to sell out the neighborhoods being impacted by the airpon?
Mayor Mikes responded by restating that the Interlocal Agreement provided a cenain amount
of money to give up the City's development rights that would protect the impacted
neighborhoods.
Mayor Mikes mentioned that the Interlocal Agreement and employee raises were provided by
addendum on the same night and that it was coincidental that both items amounted to just
under $200,000. Vice Mayor Grace asked Mayor Mikes to clarify if he is saying that
Commissioners are trading off items? Mayor Mikes felt that it looked like this to some people
when there were only two items delivered to each Commissioner and one was a revenue
benefit and the other was a cost item to the City.
Vice Mayor Grace reminded Mayor Mikes that the City's Airpon Attorneys negotiated the
Interlocal Agreement that was brought to the Commission for action and that they advised
the City that the Interlocal Agreement was probably the best deal.
SITE PLANS -none
EXPENDITURE REQUESTS
7 .1 City Manager Flatley reported that Ed Cunis agreed that the Edgewood Civic
Association charge for $12O.OO on the last invoice was billed in error and should be removed
from the charges.
A motion was made by Vice Mayor Grace, seconded by Commissioner Hyde to approve the
invoice from Curtis & Curits for $6,920.57 which removes the $120.00 over charge.
6
7
REGULAR MEETING NOVEMBER 8, 19946
Commissioner Benino stated that when something is stated incorrectly and people hear it
long enough that people begin to believe it is true. He stressed the need to dispel the rumors
around the City that the Airpon Attorneys are overcharging, rhar they are paid too much and
that money is being paid illegally to them. City Manager Flatley stated that records are open
for review by the public, that every bill is checked by himself and the City Commission, and
that everything is done in fuIl view of the public. Mayor Mikes added that the bills are also
reviewed by the Airport Advisory Board members. Marie Jabalee, Finance Director, advised
that Curtis & Curtis has received around $69,000 ofthe $135,000 so far expended for all
airpon consulting services.
Commissioner Jones clarified for the public that he voted no to spending money ro pursue rhe
airpon litigation because he felt that there was a need to hire new attorneys for a fresh legal
approach. Commissioner Jones clarified that this is no reflection upon Ed Cunis or Earl
Gallop as they are fine attorneys. He thought a person should be respected for their right to
have a difference of opinion and that the Commission should stop being reactive and be more
proactive for better results.
Mayor Mikes mentioned that the City wasted money on legal fees when they allowed the
negotiation period with the County and that the City needs to continue to protect its rights
through the litigation. Commissioner Hyde notified the public that once the City deannexes
property that it is deannexed forever and the revenue stream will not return.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - no
Mayor Mikes - yes
Commissioner Hyde - yes
Vice Mayor Grace - no
8. DISCUSSION AND POSSIBLE ACTION
8.1 Vice Mayor Grace mentioned that the City receives around $90,000 a year from the
Harbour Towne lease and that there may be a need to renegotiate the lease with Vegas Express
since business is going so well. The Commission agreed to include this on the next workshop
meeting.
8.2 City Attorney Adler recommended to workshop the Occupational License Commrttee
recommendation relating to amending city code on license fees.
City Manager Flatley advised that Eula Gardner brought in more than $150,000 over last
year's pro,iected figure for Occupational License fees. He thought that the revenue increase is
based on the fee increases in the ordinance and Eula Gardner's diligence in performing her
job. City Attorney Adler mentioned that the City has also been able to track down persons
owing occupational license fees through the exchange of information agreement with the
State.
7REGULAR MEETING NOVEMBER 8, 1994
Home Occupational Licenses: Eula Gardner, Growth Management Department, reported
that there have been no violations from any of the 23 Home Occupational Licensees and that
4 or 5 applications are currently pending issuance. Ms. Gardner mentioned thar the Home
Occupational License Ordinance will be fonhcoming for review.
8.3 City Attorney Adler presented the Request for Proposal for a temporary bait shop and
food concession for the Dania Pier. He recommended to change the submission of the
proposal from the Purchasing Division to the City Clerk Department in the RFP.
City Manager Flatley mentioned that new changes were added to the RFP by the City's two
consultants and that advertisement will go out to all of the bait and tackle shops in Broward,
Dade and Palm Beach Counties.
Commissioner Hyde {elt that the list of requirements may be too difficult for a temporary
operation and that the wording should be changed to suggested requirements instead for more
flexibility. Mayor Mikes suggested to make it "Requirements and Other Considerations of
the Vendor". The Commission made no changes and agreed to send the RFP out.
Commissioner Bertino suggested to have the City operate the temporary bait shop at the
beach and the Commission generally agreed to avoid this option if at al1 possible based on past
experience.
8.4 City Manager Flatley recommended to send out a letter in response to Fort
Lauderdale's voluntary annexation proposal to acquire 197 acres in the Port and that property
owners should know the following factual information:
. Dania has not increased tax millage since 1988 and Fort Lauderdale has increased by 12olo. Fort Lauderdale has 2 employees per 1,000 population and Dania has 1 employee per i,OOO
popuiation
o Dania is extremely lean on bureaucracy and easy to work with compared to Fort
Lauderdale as it relates to the businessman
. Dania will dredge the South Fork of the New River for the Marina Mile properties
whether they are annexed to Davie, Fort Lauderdale or remain unincorporated
City Attorney Adler mentioned that Fort Lauderdale's City Manager, George Hanbury,
refers to Dania as a Town and he needs to know that Dania is a full pledged City. Mr. Flatley
mentioned that Senator Jenne and Representative MacKenzie have been advised of the
situation and Dania needs to be protected from losing the tax base.
Commissioner Bertino recommended to obtain a financial statement on Fort Lauderdale's
financial status to compare with Dania's financial position for the public. Further comments
related to Dania's efforts to revitalize the Marina Mile area and how disappointing to have it
taken by Fort Lauderdale. It was noted that the revitalization costs were covered by the
increase in propeny tax base in the area.
8REGULAR MEETING NOVEMBER 8, 1994
AT THIS TIME, A PRESENTATION OF EMPLOYEES \TAS HEARD
9. APPOINTMENTS
9.1 Appointment of 2 members to the Airpon Advisory Board continued to the next
regular meeting.
9.2 Appointment of 1 member to the Unsafe Structures Board continued to the next
regular meeting.
9.3 Appointment of 1 member to the Downtovrn Redevelopment Agency continued to
the next regular meeting.
9.4 Appointment of 2 members to the Cultural Affairs Committee continued to the next
regular meeting.
10. ADMINISTRATIVEREPORTS
City Manager
10.1 City Manager Flatley commented on the items that will be discussed at the workshop
meeting on November 15, 1994.
City Attorney - no comments
11.1 CommissionerBertino
Commissioner Benino commented on the recent election and expressed appreciation to the
civic organizations who joined together to help in the 9fth Binhday event. He suggested the
idea of conducting the event on an annual basis since it was so successful.
17.2 Commissioner Hvde
Commissioner Hyde commended the members of the Dania Historical Society for
coordinating the Pioneer Days event with the City's 9Oth Binhday event.
Commissioner Hyde asked to include discussion of the City Manager having power to hire
and fire department heads on a future agenda.
9REGULAR MEETING NOVEMBER 8, 1994
9.5 Appointment of 1 member to the Dania Housing Authority continued to the next
regular meeting.
11. COMMISSTONCOMMENTS
71.3 CommissionerJones
Commissioner Jones mentioned the positive benefits to the communiry ro see everyone
working together on the City's 90th Binhday Celebration but felt that the media was
responsible for leaving out some black history that should have been included in the event.
Commissioner Jones asked the City Manager to provide him with a status reporr on the dock
for the 14th Terrace park.
77.4 Vice Mavor Grace
Vice Mayor Grace mentioned that the sewer vacuum cleaning truck in now operational which
should help in the drainage problems in the City and asked that the sidewalks be cut back on
NW' 1 Street/5th Avenue and Mizell Blvd,/sth Avenue.
Vice Mayor Grace notified the public that the United Methodist Church will be having a
concert on November 18 at 7:30 p.m. and asked Commissioner Jones to see if Reverend Barr
could be contacted to provide a choir for the event. She mentioned that she will not be able
to attend the November 15 u7orkshop Meeting.
Vice Mayor Grace reponed that the King Center from Atlanta will be in town on November
17 and 18. Their workshop will be held at the Airport Hilton at 8:30 a.m. on the 17th with
the reception following at 5:30 p.m. and their banquet will be on November 18 at 7:30 p.m.
11.5 Mavor Mikes
Mayor Mikes asked Code Enforcement to handle the problem with ^ catam^r^n boat that is
being used for diving purposes on the Dania Cut-off canal. Mr. Flatley reponed that BSO is
conducting an investigation into the problem. Mayor Mikes suggested the City cooperate
with the newly founded civic association in the southwest section to crack down on crime.
Mayor Mikes mentioned how professional everphing went with the 90th Binhday
Celebration but didn't feel it is feasible to have the event each year as suggested by
Commissioner Bertino. Further comments related to the cost beinB covered by donations
from businesses and the possibility of making it a smaller event.
This regular meetinEl adiourned.
MAYOR.COMM IONERa,-,"/rZl*r*4;
CIIY CLERK-AUDITOR
REGULAR MEETING 10 NOVEMBER 8, 1994