Loading...
HomeMy WebLinkAbout1994-11-22 Regular City Commission MeetingINVOCATION BY WANDA MULLIKIN, CITY GLERK PLEDGE OF ALLEGIANCE ROLL GALL: Present: Mayor: Vice Mayor: Commissioners: City Manager City Attorney: City Clerk: M!NUTES DANIA C]TY COMMISSION REGULAR MEETING NOVEMBER 22L954 Bob Mikes Bobbie Grace John Bertino Bill Hyde Robert Flatley Frank Adler Wanda Mullikin Absent Commissioner Albert Jones A motion was made by Commissioner Hyde, seconded by Commissioner Benino to excuse Commissioner Jones from this meeting. The motion passed unanimously. PRESENTATIONS "Dania's 9Oth Binhday Celebration City Manager Flatley advised that Cenificates of Appreciation have been prepared for those individuals who assisted in Dania's 90th Binhday Celebration. \ilill Allen, Growth Management Director, mentioned that over 15,000 people attended the community event that was coordinated in conjunction with the Broward Pioneer Days event from November 4th through 5th. Mr. Allen read a list of the persons, companies and organizations who participated in the event and awarded them Cenificates of Appreciation. 1REGULAR MEETING NOVEMBER 22, L994 Mayor Mikes mentioned that the cost of the celebration was kept down with the help of citizens and staff members as a professional firm would have charged much more. Will Allen was thanked and commended for his efforts in coordinating the event. *South Broward High School Jim Fatzinger, Student Body President at South Broward High School, expressed appreciation to the Dania City Commission and BSO for their assistance with the School's 1994 Homecoming Parade. He then presented a huge Binhday Card to the City of Dania for their 9fth Binhday on behalf of South Broward High School. *Presentation for Mildred Bryant Vice Mayor Grace read the resolution in its entirety recognizing Rosie Mildred Bryant for her many contributions to the citizens of the City of Dania and included additional comments to the family members on her accomplishments. Vice Mayor Grace notified the public that funeral services will held at St. Ruth Missionary Baptist Church. Michael Bryant came forward to thank Wanda Mullikin, Bobbie Grace andJohn Bertino for their inspiration during his youth growing up in Dania and expressed appreciation to the Commission for recognizing his mother. PULLED FROM THE CONSENT AGENDA MAYOR MIKES AD\'ISED THAT THE THREE RESOLUTIONS LISTED ON THE ADDENDUM \TILL BE INCLUDED ON THE AGENDA AS ITEMS 1.8, 1.9, 1.10 LINDER THE CONSENT AGENDA. Vice Mayor Grace asked that item 1.6 be pulled from the consent agenda I. CONSENTAGENDA A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the Consent Agenda with the exception of item 1.6. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Vice Mayor Grace - yes Mayor Mikes - yes 1.6 Vice Mayor Grace suggested to continue the resolution amending the Charter to provide for the appointment and removal of Department Heads by the City Manager since Commissioner Jones is absent. 2REGULAR MEETING NOVEMBER 22t 4994 Commissioner Hyde expressed his disagreement with the legal opinion from Assistant City Attorney Ryan at the last meeting that the ordinance requires a referendum. City Attorney Adler confirmed that the ordinance does not require a referendum based on the fact that the Commission is not changing the City Manager form of government ro a strong Mayor government or a strong Mayor government to a City Manager form of government. The ordinance is changing the responsibilities of the City Manager and no employees are being affected. Mr. Adler stated that the Sun Sentinel also misinterpreted the ordinance in a recent anicle. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace ro pass rhe ordinance on first reading so that public comment can be heard ar rhe next meeting. The motion passed on the following roll call vote: Commissioner Bertino - yes Vice Mayor Grace - yes Commissioner Hyde - yes Mayor Mikes - yes 2. PROCLAMATIONS - none 3. BIDS -none 4. PUBLIC HEARINGS 4.7 City Manger Flatley advised that the Ordinance providing areas in public parks for the exclusive use of handicapped persons nee& to be heard again on second reading because the City could not confirm legal advertisement of the ordinance in the newspaper. Mr. Flatley mentioned the need to define the handicapped areas at the beach with the proper signs and assured the public that persons accompanying a handicapped person can also use the designated areas. Mayor Mikes opened the public hearing. Alex Buchsbaum expressed his appreciation for designating the handicapped areas as it came in handy recently at Meli Park. Gloria Daly commended the Commission for taking the action to designate the handicapped areas and mentioned the abuse that does take place with people who use the handicapped permits who are not really handicapped. Lou Gusdorff asked for clarification on who is suppose to enforce the Ordinance at the handicapped chickee at the beach. Mayor Mikes stated that BSO has the ultimate responsibility. City Attorney Adler clarified that the lifeguard is suppose to ask the person to REGULAR MEETING NOVEMBER 22, A9943 leave the handicapped area and if the person refuses to leave then the lifeguard should call BSO for enforcement. Hearing no further comments, the Mayor ciosed the public hearing. The Commission generally agreed that people with legitimate illnesses or handicaps should be allowed to sit in the handicapped areas as rhe City is not going to check for handicap permits and that common sense and courtesy need to be utilized. Commissioner Bertino - yes Vice Mayor Grace - yes Commissioner Benino - yes Vice Mayor Grace - yes Commissioner Hyde - yes Mayor Mikes - yes Commissioner Hyde - yes Mayor Mikes - yes 4.2 City Attorney Adler mentioned that there was a need to update the code regarding the keeping of animals in the city and that he prepared an ordinance to include language used by Broward County and the City of Hollywood. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Benino asked for clarification on how to address the problem of people having pets that are not small domesticated animals. City Attorney Adler explained that common sense and discretion will have to be considered by Code Enforcement in dealing with pets in the City. A motion was made by Commissioner Hyde, seconded by Mayor Mikes, after passing the gavel, to adopt the ordinance on second reading. The motion passed on the following roll call vote: 5. 6. 7. SITE PLANS -none EXPENDITURE REQUESfS -none NOVEMBER 22, A994 A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt the ordinance on second reading. The motion passed on the following roll call vote' CITIZENS' COMMENTS -none REGULAR MEETIilG 4 8. DISCUSSION AND POSSIBLE ACTION 8.1 Mike Smith, Personnel Director, presented the initial concept drawing of the pool, restroom facility and overall site plan for Modello Park as prepared by Robert H. Miller & Associates, GHA. He suggested to eliminate the tvro ladders on each end of the pool so that stairs could be extended all the way across for maximum utilization for small children and to include an alternate purification system in the specifications in addition to the backpack system. The Commission generally agreed with the changes and directed Mr. Smith to go forward with the bidding. 8.2 Mayor Mikes recommended to appoint Marie Jabalee to replace \Wanda Mullikin as City Clerk due to her retirement the end of the year. Mayor Mikes advised that he would not be favorable to hiring a person from outside as it would be logical and cost effective to promote Marie based on her experience and qualifications. Commissioner Hyde agreed with the recommendation of the City Manager to hire Marie Jabalee and to combine the Finance and City Clerk Departments. Vice Mayor Grace disagreed with merging the two departments but did agree that a person needs to be appointed on a temporary basis to handle the upcoming election until the Commission has time to review the situation. A motion s/as made by Commissioner Hyde, seconded by Commissioner Benino to appoint Marie Jabalee, as Acting City Clerk, until the Commission takes action to either make the department change or to hire another City Clerk. Commissioner Bertino - yes Vice Mayor Grace - yes Commissioner Hyde - yes Mayor Mikes - yes 8.3 Marie Jabalee, Finance Director and Plan Administrator for the General Employees Pension Plan, explained that the General Employee's Collective Bargaining Agreement provided for a DROP (Deferred Retirement Option Plan). She stated that Attorney Robert Sugarman, Board Attorney, prepared an ordinance to cover the DROP and that it was reviewed by City Attorney Adler and the union. Marie explained that the DROP allows an employee 55 years or older with 10 years vesting to continue to work for another five years while the employee's normal monthly retirement benefit is put aside to earn interest for the five years and the employee has a lump sum after the five years. An impact statement is not needed as the person's benefit is frozen at that accrued valuation point and the City does not accrue any more liability up to that point. 5REGUUTR MEETING NOVEMBER 22t 1994 The motion passed on the following roll call vote: Marie mentioned that the City would have a higher liability if the employee continued to work without the DROP and attain benefits at a higher rate over a five year period. Commissioner Hyde felt that the indirect benefit to the City is that an experienced employee would stay on and work and the City saves by not having to make any funher pension contributions when the DROP begins. Mayor Mikes opposed the idea as this tlpe of benefit is not in the private sector and the option discourages the City from hiring new people at a lower cost. He felt that employees do not usually get both benefit checks and their choice is either retire or continue to work. Commissioner Bertino agreed that the option is a benefit to both the City and the Employee. Mike Smith, Personnel Director, advised that the pension supplement is a high expense to the City and that this is a way to enhance pension benefits without costing the City. He mentioned that the option provides a cushion for employees while they make the transition from full pay to reduced pension benefit pay. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt the ordinance on first reading. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Vice Mayor Grace - yes Mayor Mikes - yes 8.4 City Manager Flatley advised that the impact statement to increase the pension benefits for the General Employees' Pension Fund from 2o/o to 2.5o/o wlll effect all bargaining unit AFSCME employees and non-bargaining personnei. Mike Smith, Personnel Director, explained that the aouarial statement was requested by the General Employees Board of Trustees and the cost is broken down into Non-Bargaining Unit Employees, Bargaining Unit Employees with a combined cost. Any changes that affect the Bargaining Unit Employees will have to be negotiated with the union and the benefit cost for Non-Bargaining Unit personnel is $50,000. The Commission generally agreed that the City does not have the money for the increased benefit and thanked staff for providing the information. 8.5 City Manager Flatley reponed that the bill from Hollywood that will delay annexation for ten years was not ready or heard at the recent Broward Legislative Delegation Meeting. Mr. Flatley advised that Dania's bill did pass and has been continued to a public hearing in January with the Legislation. He mentioned that property owners will have to be notified of the public hearing and that a meeting is being scheduled by Pat Madison, Representative Mackenzie's office, vrith Marge Krockston, Port Everglades Business 6REGULAR MEETING NOVEMBER 22t L994 Association, Huey Magis, Former Fire Chief, Jack Osterholt, County Administrator and himself. Mr. Flatley mentioned that the bill will be amended to include the remaining ponion of Marina Mile that was not taken by Fort Lauderdale. 8.6 Mike Smith, Personnel Director, explained the additional repairs being made to the sidevralk project on NW 5 Avenue that is being covered by the remaining $4700.00 from Community Development Block Grant funds. 8.7 City Manager Flatley mentioned that a Committee has been put together to analyze the data presented at the la$ workshop meeting by Aragon Group and FAU on the proposal for an Ocean Engineering and Technical Center at the Seafair site. Mr. Flatley advised that the Committee Team includes Ed Houston, Jon Devries of Goodkin Research, Arthur Anderson, Vill Allen and himself. Mayor Mikes recommended to have an independent appraisal conducted by the City for the land at Seafair and stressed the need to conduct a referendum to let citizens make the final decision on how to use the beach property. Commissioner Benino felt that FAU should not be dragged along if the City is not interested in their proposal. Vice Mayor Grace encouraged the Commission to continue negotiations with FAU to see if the proposal can be beneficial to the City. City Attorney Adler confirmed that it is FAU's responsibility to pay the cost for the City to hire an independent appraiser to appraise the value ofthe land with and without improvements. Mr. Flatley agreed that the Committee will ensure that the appraisal is conducted and that Mr. Adler will be included on the Committee. Further comments related to expecting a more legitimate proposal from Aragon and to expect the appraisal in mid- December. 9. APPOINTMENTS 9.1 Two appointments to the Airpon Advisory Board were continued to the next meeting on December 1.3, 1994. 9.2 Appointment to the Unsafe Structures Board was continued to the next meeting on December 13, 1994. 9.3 Appointment to the Downtown Redevelopment was continued to the next meeting on December 13, 1994. 9.4 Appointment of two members to the Cultural Affairs Committee 'were continued to the next meetinB on December 13, 1994. REGULAR MEETING NOVEMBER 22, 19947 9.5 Mayor Mikes stated that Linda Ramos will not be able to serve on the Dania Housing Authority and that he will have two appointments to make at rhe nexr regular meeting on December 73,1994. Vice Mayor Grace asked why Veta Mae Peterman is not being reappointed to the Housing Authority. Mayor Mikes mentioned that he does not just reappoint people and that he wants time to think carefully about who he appoints to the Housing Authority. Judy Usifer, Dania Housing Authority, commended Veta Mae Peterman for her dedication over the years on the Housing Authority and urged the Commission to take action to fill the vacancies on the committee as soon as possible. Mayor Mikes mentioned that he spoke with Veta Mae Peterman about his desire to evaluate other people for the appointment and that she understood. 10. ADMINISTRATIVEREPORTS City Manager 10.1 City Manager Flatley confirmed that there will not be a second meeting held December 27 dre to Christmas Holidays. A motion was made by Vice Mayor Grace, and seconded to cancel the December 27 regolar meeting. The motion passed unanimously. City Attorney - no comments 11. COMMISSIONCOMMENTS 1.1.1. CommissionerBertino Commissioner Bertino clarified for the public that Veta Mae Peterman is still legally on the Housing Authority until the Mayor reappoints her or someone else. Commissioner Bertino took a few moments to express sorrow for the passing of Mildred Bryant recently. He mentioned that a retirement party was conducted for Merita Mitchell last Saturday and that she will be donating time to children at Collins Elementary. 11.2 Commissioner Hyde Commissioner Hyde mentioned the need to respond to the unacceptable letter that was recently received from the City of Hollywood regarding gr^y water and water recycling usage. He asked staff to continue looking for grant money for the implementation of programs for water conservation for the target area. 11,.3 Commissioner Jones - absent REGULAR MEETING 8 NOVEMBER 22, L994 17.4 Vice Mavor Grace Vice Mayor Grace reponed that Family Day was sponsored by MADDADS on Saturday and that over 200 dinners were served to the needy on Sunday at Modello Park. Vice Mayor Grace explained that the Dania Economic Development and Dr. Martin Luther King Center from Atlanta held a Vorkshop on November 17 md 78 at the Airport Hilton. She mentioned that a luncheon was held at the I.T. Parker Center and that she was disappointed that the Commissioners did not attend either event. Vice Mayor Grace mentioned that over 150 peopie attended a retirement dinner for Eddie Murphy Jr. who retired from the education system after 34 years. She explained that Mr. Murphy is the pastor of her father's church and that he comes from Dixie, Georgia. Vice Mayor Grace reminded the Commission that it was her idea for a Charter Review Board, a Budget Review Board and to hire the City Manager so he can make his own decisions. Gloria Daly, Dania Housing Authority, clarified that there is no provision under State Statute 427.05 for Veta Mae Peterman to continue to serve on the Housing Authority after her appointment expires. IJnder the Bylaws of the Housing Authority, there is no provision for Veta Mae Peterman to serve until she is replaced. Mrs. Daly stated that Linda Ramos was appointed and has now missed three consecutive meetings and that vacancy problems make it difficult to get a quonrm to conduct meetings. She asked the Commission to take the appointments more seriously as their reorganizational meetings are held the second Monday of November each year and the elections should not be conducted without a full board. Mrs. Daly welcomed the Commission to attend their meetings and review their records at anytime. 11.5 Mayor Mikes Mayor Mikes commented on his attendance and the success at a recent Greenway Committee workshop. He asked City Manager Flatley to check into whether a business located near the Humane Society is violating the code by conducting a heary industrial business and to check out a resident complaint on NE 2nd Street where he is being required to move a water meter ar a cosr of $1,ooo. Mayor Mikes mentioned that the Commission took action a few years ago to discourage the application of Section 8 Subsidized Housing or rental units in an effort to move towards single {amily ownership on the Housing Authority. The Housing Authority, in turn, took action to sue the taxpayers of Dania and this is why he chooses to be selective in his appointments to the Housing Authority. Mayor Mikes expressed concern with possible changes in the future where the Federal Government will take action to shift additional financial burden on individual states that v/ill eventually fall on local government. REGULAR MEEIING NOVEMBER 22t L9949 The Commission wished everyone aHappy Thanksgiving. fhas regular meeting aqioumed, MAYOR.COMM IONER CIIY CLERK-AUDITOR REGULAR MEETING 10 NOVEMBER 22, L994 /r-k'L;