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HomeMy WebLinkAbout1994-10-25 Regular City Commission Meeting MinutesMayor: Vice Mayor: Commissioners: City Manager: Assistant City Attorney City Clerk: MINUTES DANIA CITY COMMISSION REGULAR MEETING ocroBER 25, 1994 Bob Mikes Bobbie Grace John Bertino Blll Hyde Albert Jones Robert Flatley Timothy Ryan wanda lr/ullikin INVOCAIION BY WANDA MULLIKIN, CITY CLERK PLEDGE OF ALLEGIANCE ROLL GALL: P resent Absent: Frank Adler PRESENTATrcNS City Manager Flatley read a letter into the record from Jim B. Fatzinger, President, South Broward High School, expressing appreciation to the City Commission for helping them with thei 1994 Homecoming Parade. Roxane Knight was present to express appreciation and encourage the Commission to watch the South Broward Bulldogs game on October 28th. Chief Frey, BSO, reported that Lt. Gammond has left the Dania District to work in the Special Operations Group with BSO and that Lt. Diane Stanton will be taking his place. Chief Frey presented information on Lt. Stanton's law enforcement background and Lt. Stanton expressed appreciation for the opportunity to work for Dania. Vice Mayor Grace expressed appreciation to the citizens of Dania for supporting the Cultural Affairs Committee event "Steppin Out in the Nineties" that is a kick off event for the City's 9Oth Binhday Celebration on Saturday, October 29, 1994. 1REGULAR MEETING ocToBER 25,4994 City Attorney: ITEMS PULLED FROM THE CONSENT AGENDA Vice Mayor Grace pulled item 1.5 from the Consent Agenda. 1. GONSENTAGENDA A motion was made by Commissioner Bertino, seconded by Vice Mayor Grace to approve the Consent Agenda with the exclusion of item 1.5. The motion passed on the following roll call vote: Commissioner Benino - yes Commissioner Jones - yes Mayor Mikes - yes 1.5 Assistant City Attorney Ryan read the title of the ordinance amending the Charter to provide for the appointment and removal of Depanment Heads by the City Manager. Commissioner Hyde expressed his opinion that the City would be better served if the City Manager were given a contract making him the responsible party to conduct business as the City Manager thereby eliminating the City Commission from usurping his authority. Commissioner Jones mentioned that there have been times when employees have wondered who would be calling the shot on certain decisions and that Mr. Flatley should be the responsible person in accordance with cenain guidelines. Vice Mayor Grace stated that Department Heads report to the City Manager, and not to the Commission, and that this issue should be addressed in March after the City Election. Commissioner Bertino questioned the home rule act requirements when a change is being made to the City's form of government as outlined in the Charter and whether a referendum may be required. Assistant City Attorney Ryan felt that a referendum would be required if the form of government and rights of municipal employees is being changed. Mayor Mikes expressed concern that the Commission may lose authority to reorganize depanments at budget time and that depanment head performance should be overseen by the Commission. Commissioner Benino reminded the Commission of past City Manager's recommendations to fire depanment heads when necessary whereby giving the City Manager power over a department head. 2 ocToBER 25, 1994 Commissioner Hyde - yes Vice Mayor Grace - yes REGULAR MEEIING Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - no Vice Mayor Grace - yes A motion was made by Vice Mayor Grace, seconded by Commissioner Bertino to conrinue the ordinance to the next workshop meeting. The motion passed on the foilowing roll call vote: 2. PROCLAMATIONS - none 3. BIDS-none 4. PUBLIG HEARINGS 4.7 Assistant City Attorney Ryan read the title of the ordinance to provide areas in public parks for the exclusive use of handicapped persons. Mayor Mikes read the ordinance in its entirety and opened the public hearing. Alex Buchsbaum, Griffin Civic Association, asked for clarification on whether the City gave permission for a Judo teacher to teach classes on a handicap parking space at Meli Park. City Manager Flatley told Mr. Buchsbaum that he would take care of this as there must be a mistake City Manager Flatley advised that any person or persons accompanying a handicapped person can certainly sit in the chickee hut and that there have never been any problems with husbands and wives sitting together. 3REGULAR MEETING oGTOBER 25, 1994 Lou Gusdorff mentioned that this ordinance was brought up because of his recent arrest for using the chickee hut at the beach and asked for clarification on who will enforce the ordinance. Assistant City Attorney Ryan clarified that the beach lifeguard would first instruct a violator to remove themselves from the handicap facility and BSO would be called if they did not comply. Paul DiMaio opposed the ordinance based on his not wanting any special privileges as a handicapped person. He expressed concern that his wife, who is not handicapped, would not be able to sit with him at the beach and felt the ordinance should be rewritten to define handicapped. Vito Mancino questioned whether the Community Service Aide, who enforces parking at the beach, would be able to enforce the ordinance? Assistant Attorney Ryan stated that BSO would have to be cailed to enforce the ordinance as the Community Service Aide can only issue parking tickets. Commissioner Bertino felt that the wording in the ordinance is nebulous and that there is a need to clarify the restricted use o{ the handicapped area by BSO. Chief Frey stated that the wording in the ordinance is not BSO's responsibility. His office has the responsibility to respond to requests by the beach lifeguard in an effort to restore order. Attorney Ryan felt that persons accompanying a handicapped person should be allowed to use the handicapped area but it is another circumstance when an able bodied person uses the excuse that they are meeting a handicapped friend in order to use the facility. Mr. Ryan advised that the definition of handicapped is provided in the Florida Statutes and that handicapped is defined as any physically handicapped person. Mayor Mikes clarified that the ordinance states the exclusive use of the handicapped and that this does not mean handicap accessible. He mentioned that there have been probiems at the beach where persons who were not handicapped actually got into confrontations with people who were disabled which prompted the need for the ordinance. Commissioner Hyde felt that the ordinance is reasonable and that the City is bound to comply with the ADA (American Disabilities Act) guidelines. Commissioner Jones felt that common sense and courtesy have to be taken into consideration when it comes to using handicapped areas. Vice Mayor Grace didn't think the ordinance would be enforceable because it is hard to tell sometimes whether a person is handicapped unless they show proof. Commissioner Bertino mentioned effons by the school system to bring handicapped persons into the mainstream of life so as not to exclude them and that the ordinance seems exclusionary rather than inclusionary. A motion was made by Commissioner Hyde, seconded by Commissioner Jones to adopt the ordinance amending Section 6.6 of Article 1, Chapter 6 of the Code of Ordinances of the City of Dania, Florida, to provide areas in public parks for the exclusive use of handicapped Persons. In response to the question on defining handicapped, Commissioner Jones stated that a person who is emotionally handicapped cannot get an authorized parking permit from the State and that a handicapped person is physically impaired and unable to get to a place normally accessible by the general public. Commissioner Benino asked if this ordinance will apply to all city properties and Assistant City Attorney Ryan advised that the ordinance falls under the chapter dealing with public parks. Attorney Ryan funher stated that the ordinance appiies to persons dealing with a 4REGULAR MEETING ocToBER 25, 1994 Hearing no funher comments, the Mayor closed the public hearing. Commissioner Hyde - yes Vice Mayor Grace - yes Commissioner Benino - yes Commissioner Jones - yes Mayor Mikes - yes 5. CITIZENS'COMMENfS - none Commissioner Jones - yes Mayor Mikes - yes Commissioner Hyde - yes Vice Mayor Grace - yes Mayor Mikes stated that the ordinance relies upon the judgment of the City Manager to make sure that handicapped persons have access to the facilities that they can get to and that it is not right for persons who are not handicapped to take up these designated areas. The motion passed on the following roll call vote, Commissioner Benino clarified that he is voting yes as long as the ordinance is for people who are designated by the State, through a doctor's indication, that they are handicapped because he wouldn't want to see these persons denied. 4.2 City Manager Flatley suggested to continue the ordinance relating to the keeping of poultry and animals within the City until the next meeting when City Attorney Adler can make a presentation. Attorney Ryan read the ordinance in its entirety and discussion followed on whether weight needs to be used to define and determine the small animal category. Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Commissioner Benino questioned the city attorney on whether the ordinance needs to be more definitive in order to be defensible and whether the ordinance precludes persons with pets who are not a small domestic pet or pets that are large domestic or non-domestic animals. Attorney Ryan felt that the ordinance mainly addresses in large part the breeding of animals. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to contlnue the ordinance to the next regular meeting. 5REGULAR MEETING ocToBER 25, 1994 physical handicap whose medical physician has provided a certificate to the State of Florida of their physical handicap status. The motion passed on the following roll call vote: 6, SITE PLANS - none 7. EXPENDEURE REQUESTS 7.L City Manager Flatley suggested to continue the Curtis & Curtis invoice for $7,040.57 based on a questionable charge for $120.00 from Edgewood Civic Association. A motion was made by Commissioner Hyde, seconded by Commissioner Jones to defer the invoice to the next regular meeting. The motion passed unanimously. 7.2 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to approve the invoice {or $570.34 submitted by Baily Hunt Jones & Busto (Earl Gallop) for airport related services. Mayor Mikes advised the public that a joint meeting was held with Broward County yesterdry and that the City gave notice to the County that the City is pursuing the DRI process. The motion carried with Commissioner Jones and Vice Mayor Grace voting no. 8. DISCUSSION AND POSSIBLE ACTION 8.1 Commissioner Bertino mentioned that there is an employee moral problem in the City and that an Employee Recognition Program may be helpful in addressing the problem. He felt that part of the problem stems {rom past comments by the Commission that were not meant to be taken as negative to employees and that drawn or implied lines of authority need to be defined. Employee Recognition Program Mike Smith, Personnel Director, recommended to implement a Cenificate program to award General Employees for doing a good job when meeting the City's goals in Excellence in Service, Quality, Teamwork, Productivity, Cost Saving and Customer Service. He agreed with Commissioner Bertino's idea to award employees with a day off for Employee of the Month and mentioned the cash reward program when employees present cost saving ideas. Mr. Smith presented cost information to plan a City Employee Holiday Party at the I.T. Parker Center on December 18th and benefits of implementinB a (TQM) Total Quality Management Program. 6REGUIAR MEETING ocToBER 25, 1994 Commissioner Bertino mentioned that the City is sorry to see Wanda Mullikin, City Clerk, retire in December after many years of service. He suggested the idea of conducting a study to define the City Clerk position as subtle changes have taken place over the past 20 years relating to the finance area. Commissioner Hyde - yes Vice Mayor Grace - yes Mayor Mikes advised the public that the City has a low employee turn over rate and that government jobs are the best. Commissioner Jones agreed that turn over is low but that there is still a need to boost moral and to increase quality and quantity with diversity training. Mayor Mikes stated that there are outstanding employees in a number of areas and that there is pressure on employees to produce more for less money. Commissioner Benino stated that the TQM program will save the City money in the long run and will provide happier and more productive employees. The Commission agreed to have Mike Smith fine tune his Employee Recognition Program and bring it back to the next workshop meeting. 8.2 City Manager Flatley mentioned that it was going to cost the City around $30,000 to have David Heath, Arthur Anderson & Company, conduct a market study for the City's pier project and that Mr. Heath was able to direct the City to Mr. Richard Swope, Horwath Hospitality Consulting, Inc., for the service at half the cost. Richard Swope, Director of Horwath Hospitality Consulting, Inc., informed the Commission that he is connected to South Florida through his Boca Office even though his company is located in Texas and that the services of HHC/Technomics from Chicago will be pan of his team. Mr. Swope presented information on the items to be considered in the market overview of the pier and time frame involved. He advised that the study will provide a general level of profitability on potential revenue for the proposed restaurant but warned the Commission that the specific restaurant operator is the only one who can provide bottom line figures. Commissioner Bertino asked Mr. Flatley to supply Mr. Swope with the demographic and economic information from the Goodkin Study that was provided from Aragon Group when they wanted to build the hotel at the beach a few years ago. Mr. Swope explained that HHC/Technomics will be relied upon for their restaurant industry connections with major chain operations during the study and that they will be beneficial in providing potential restaurant bidders for the project. A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to adopt the resolution accepting proposal for consulting services submitted by Horwath Hospitality Consulting, Inc. relating to the development of Dania Pier Restaurant Complex; approving payment of a sum not to exceed $15,000. The motion passed on the following roll call vote: 7REGULAR MEETING ocToBER 25, 1994 Commissioner Bertino - yes Commissioner Jones - yes Mayor Mikes - yes 8.3 Will Allen, Growth Management Director, commended staff members, citizens and business owners for their participation in planning the City's 90th Binhday Celebration. He reported that the Cultural Affairs kickoff event "Steppin Out in Nineties" is sold out and provided further information on the historical activities planned in conjunction with Pioneer Days. Mayor Mikes expressed appreciation to \(ill Allen and all those who have been involved in the project. 8.4 Marco Salvino, President of the Dania Optimist Club, requested permission to build a $15,000 multi-purpose building at Frost Park. Mr. Salvino advised that funding for the project will be provided through donations and that they would like to demolish the existing concession building for the ne'w structure. It was clarified that the Optimist Club is requesting permission to build on city property and that this will be a city project that will be overseen by the City Manager. Commissioner Bertino mentioned that the Chamber building was built by the Chamber on City property and that ownership questions have come up in the past. He recommended to have a lease prepared to provide the Optimist Club with exclusive use of the building for the term of the structure. Attorney Ryan discouraged the City from entering into a lease for exclusive use by the Optimist Club since the facility will be on city property. A motion was made by Commissioner Hyde, seconded by Commissioner Benino to give permission to the Optimist Club to go forward with the project with the understanding that the City agrees to a non-exclusive lease as recommended by the Assistant City Attorney. The motion passed on the following roll call vote: Commissioner Bertino - yes Commissioner Hyde - yes Commissioner Jones - yes Vice Mayor Grace - yes Mayor Mikes - yes 8.5 In regard to the airpon issue, City Manager Flatley explained that Broward County has not made application for the substantial deviation in accordance with the DRI process and that due to time constraints it was necessary to prepare letters stating the City's position. Mr. Flatley advised that the letter dated October 24th from Attorney Earl Gallop to Mayor Mikes vras distributed to the County Commission and read into the record on October 25,1994,by Mayor Mikes. Mr. Flatley advised that the other letter was signed by the Mayor and sent to the Florida Department of Transponation stating that the County has not satisfied the requirements of State Statute 380.05. Funher discussion followed on a previous approved letter that was sent to Sylvia Poitier, Chairman of the Broward County Commission, on the same subject matter. A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve the letters over the Mayor's signature relating to airport matters. 8REGUIAR MEETING ocToBER 25, 1994 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 8.6 A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to approve the waiver of lot mowing liens for Sun Gardens Lot 1, Blk 4 for $390.00 and Lot 2, Blk 3 for $195.00. The motion passed unanimously. 9- APPOINTMENTS 9.1 Commissioner Hyde advised City Clerk Mullikin that Larry London is no longer a resident of the City of Dania and that an appointment is needed to replace him on the Airpon Advisory Board. The Commission continued all appointments for this board to the next meeting. 9.2 The Commission continued the appointment to the Unsafe Structures Board to the next meeting. 9.3 Vice Mayor Grace continued her appointment to the Do'wntown Redevelopment Agency to the next meeting. 9.4 \ilanda Mullikin, City Clerk, advised that there are two appointments needed by Vice Mayor Grace for the Cultural Affairs Committee. Vice Mayor Grace continued her appointments to the next meeting. Commissioner Bertino mentioned the success of the "Red Ribbon Veek" events at Olsen Middle School and encouraged the public to continue suppon ofthe concept. 9REGULAR MEETING ocroBER 25, 1994 10. ADMINISTRATIVEREPOR]S. City Manager Flatley mentioned the upcoming 9fth Binhday Celebration. City Attorney - no comments 11. COiltMISStONCOMMENTS 11.1 GommissionerBortano 11.2 Commissioner Hyde Commissioner Hyde explained that the ship called "The Zeus" was built in Dania and that he will be attending the christening that will be held at the Marriott Hotel. He requested staff to follow up on his request relating to gray water usage. 11.3 CommissionerJones Commissioner Jones mentioned that there is a revival at the St. Ruth Baptist Church this week and that Pastor Kenneth Johnson from Miami will be speaking. He mentioned that the signs have been posted renaming Phippen Road to Phippen-lVaiters Road and that a dedication is scheduled in conjunction with the gOth Binhday event on Saturday, November 5 at 11:00 a.m. Commissioner Jones explained that he has been appointed to the Municipal Finance and Taxation Committee. Funher discussion folloq/ed on some of the issues that were addressed at committee meeting held in Orlando. Commissioner Jones requested staff to provide an update on the dock for 14th Terrace and commended staff for the improvements made at the Public Vorks compound recently. 11.4 Vice Mayor Grace Vice Mayor Grace encouraged Commission attendance at the South Broward Bulldog's Bame on Friday, October 28. Vice Mayor Grace expressed a special thanks to Congressman Alcie Hasting for speaking at Bethel Baptist Church on the 56th Men's Day Program on Sunday. Vice Mayor Grace reminded the pubic to attend the "Steppin Out in the Nineties" event sponsored by the Cultural Affairs Committee on Saturday, October 29,7994. She thanked those businesses who purchased corporate tables and mentioned that EJ. & Company will be the entertainment. Vice Mayor Grace expressed appreciation that the sidewalks have been installed on Nu( 1 Street/5th Avenue and 5th Avenue/Dania Beach Boulevard but asked that they be cut-back as they are too close to the street corners. She suggested to have this done before the contractor is paid. 11.5 Mayor Mikes Mayor Mikes felt it necessary to provide proper training to city employees who are trimming trees. He mentioned that the City of Dania has been designated as a Tree City USA and Arbor City which qualifies the City to display the proper image. REGULAR MEEIING 10 ocToBER 25, 1994 Mayor Mikes expressed his disagreement with the comments that were stated in a recent newspaper article relating to property annexation that was offered to the City in the County Interlocal Agreement on the airport expansion. Mayor Mikes stated that the Marina Bay property was never a pan ofthe negotiations with the County and that residents in other sections of the City should not oppose the City's action to pursue airpon litigation that is protecting residents in the Griffin area. Mayor Mikes encouraged the public to vote in the County, State and Congressional Elections and to attend the 9fth Binhday Celebration. This reElu lar meetinEl adiourned. NER CITY CLERK.AUDITOR REGULAR MEETING 11 ocToBER 25, 1994