HomeMy WebLinkAbout1994-01-11 Regular City Commission Meeting MinutesMINUTES
DANIA CITY COMMISSION
REGULAR MEETING
JANUARY 11, 1994
INVOCATIoN BY REVERENDJEAN FRENCH OF DANIA UNITED METHODIST CHURCH
PLEDGE OF ALLEGIANCE
ROLL GALL:
Present:
Mayor:
Vice Mayor:
Commissioners:
City Manager:
City Attorney:
City Clerk:
Bobbie Grace
Bob Mikes
John Bertino
Bill Hyde
Albert Jones
Robert Flatley
Frank Adler
Wanda Mullikin
PRESENTATIONS
"City Clerk, \Wanda Mullikin, presented the City's first annual report/calendar to the Mayor
and Commissioners. She stated that the calendars are available in the City Administration
Center for citizens to pick up.
City Manager Flatley pointed out that this years calendar has been dedicated to our current
City Attorney, Frank Adler.
Mayor Grace stated that she was pleased that the City can now provide pertinent information
about the City through the publishing of this calendar.
+Mr. Don Nelson, Finance Director for Coral Gables, presented the City's fifth consecucive
award for Excellence in Financial Reponing to the Mayor who in turn presented it to Marie
Jabalee, Finance Direoor. Mr. Nelson also presented a Certificate to Marie Jabalee and
pointed out that this is a prestigious award earned by very few cities.
+Chief Farley, BSO, presented the Deputy of the Month Award to Gary Uhl for the month
of December 1993.
1REGULAR MEETING JANUARY 11, 1994
ITEMS 1.4, 1.6, 1.7 and 1.8 \flERE PULLED FROM THE CONSENT AGENDA:
1. CONSENTAGENDA
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to approve
the Consent Agenda with the exception of items 1.4, 1.6, 1.7 and 7.8.
The motion passed on the following roll call vote
Commissioner Benino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
1,.4 Vice Mayor Mikes requested a clarification of the resolution approving the amendment
to the Seacoast Sanitation Agreement and the connection to their request to transfer the
agreement to Industrial Waste Services.
City Clerk, \(anda Mullikin, explained that this amendment is a follow up to the resolution
previously adopted by the Commission in seulement of the litigation between the City and
Seacoast Sanitation. City Attorney Adler stated that ever)'thing was in order and legal and
that Seacoast had paid the $59,358.50 which was part ofthe seftlement.
A motion was made by Commissioner Hyde, seconded by Commissioner Benino to adopt
the resolution.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
1.6 City Manager Flatley reponed to the Commission that the City was awarded a grant
from the Florida Inland Navigation District to conduct a bathymetric survey of the Dania
Cut-off canal to determine if there is a need to dredge the canal in the future. He requested
that the Commission adopt a resolution authorizing the City to enter into contract
negotiations with Coastal Technology Corp. to conduct this survey.
A motion was made and seconded to adopt the resolution.
2REGUIAR MEETING JANUARY 11, 1994
The motion passed on the following roll call vote,
1.7 City Manager Flatley reminded the Commission that Hallandale, Pembroke Pines,
Pompano Beach and Dania are in contract with the Reuter Recycling Plant and that Dania is
the only City that has not entered into contract for the Residential Household Hazardous
'$7aste Program with Broward County.
Cliff Taylor, Public Works Coordinator, explained that the program should cost the City
around $3,524 payable in four payments of $881.00. City Manager Flatley said that the fee is
based on usage and that Hallandale is paying $6500, Pembroke Pines is paying $22,000 and
Pompano Beach is paying $32,000. Mr. Taylor said that Broward County has four collection
sites and that Dania residents can go to the Hallandale or Davie site.
Vice Mayor Mikes suggested to include a notification of this program on the utility bills.
Commissioner Bertino felt that the City should obtain a list of the residents who use the
facility to conduct spot checks and questioned the requirements in Anicle 3.1 C.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Hyde to adopt the
resolution approving the agreement for use of the Broward County Residential Household
Hazardous W'aste Program.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
1.8 Marie Jabalee, Finance Director, advised that Citibank resigned as Trustee for Dania's
Sewer Bonds because they revised the minimum account size to $1,000,000 and Dania's assets
are less than $200,000. The fee schedule also increased to an annual amount of $30,000. Marie
recommended to nominate Fiduciary Trust International of the South to replace Citibank for
a discounted fee of $2,000 per account which results in an annual fee of $6,000 for Dania's
three accounts.
Commissioner Jones suggested that other companies should have been given an opportunity
to submit a proposal for these trustee services. Commissioner Benino questioned what the
City paid in the past and what services are included in the $2,OOO per account. City Manager
Flatley suggested to bring back a report on a comparison of fees for this service from other
companies for the next meeting.
REGULAR MEETING 3 ,ANUARY 11, 1994
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to defer
this resolution to the January 25, 1994, regular meeting.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
City Attorney Adler explained that the request by South Florida Spons Committee, Inc. for a
motocross operation will be addressed under special exceptions at the next regular meeting on
January 25, 1994.
2. PROCLAMATIONS
2.1 Mayor Grace proclaimed Janu rry 16,7994, as "Edward D. Blatt Day".
4.1, '$(ill Allen, Growth Management Director, presented a variance request by Grampas'
Bakery & Restaurant to sell beer and wine within 1,000 feet of the Dania United Methodist
Church. The Planning &. Zorrir,g Board recommended approval ofthe variance with one
descending vote. Mr. Allen read off several businesses in the area that are serving alcoholic
beverages within 1,000 feet of a church.
Mayor Grace opened the public hearing.
Jean French, Dania United Methodist Church, spoke against the variance based on the fact
that Grampas Bakery & Restaurant has always maintained family atmosphere without
alcoholic beverages. She questioned what the variance hardship is for the business and
reminded the Commission that the church also provides a school.
Bob Adams commended Grampas Bakery for their family atmosphere but didn't feel there
was grounds for a hardship when the parking lot is always overflowing with patrons.
Carol Grampa stated that her family has been in business in Dania for 36 years and that they
have no desire to change the family atmosphere. She said that the hardship is based on the fao
that customers request to have beer and wine served with their dinners and Grampas loses
business because tourist and local patrons go to restaurants who serve alcoholic beverage.
Hugo Renda spoke in favor of the variance request.
4REGULAR MEETING JANUARY 11, 1994
3. BIDS-none
4. PUBLIC HEARINGS -
Tommy Grimes, Manager of Grampas Bakery, said that they are trying to accommodate
customers who are presently going to establishments in Hollywood and Fon Lauderdale.
Hearing no more comments, the Mayor closed the public hearing.
Commissioner Jones expressed his opposition to the request and Vice Mayor Mikes suggested
to try and work out a compromise. Further comments were expressed on the reputation that
has been established by Grampas over the years and the fact that there is a liquor store that
resides near the business.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Hyde to grant the
variance 0/A40-93) for Grampas'Bakery & Restaurant, 1Z S\f 1 Street, with the conditions
that beer and wine be served during regular business hours Monday through Saturday only,
that the variance expires after one year or immediately upon the sale ofthe propeny.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - no
Mayor Grace - no
Commissioner Hyde - yes
Vice Mayor Mikes - yes
MAYOR GRACE ADVISED THAT THIS MEETING MUST ADJOURN FOR A
PRIVATE SESSION OF THE CITY COMMISSIONERS AND ATTORNEYS
REPRESENTING THE CITY IN ITS PENDING LITIGATION AGAINST BRO\flARD
COI.'NTY.
CITY ATTORNEY ADLER ADVISED THAT THE PRIVATE SESSION MUST TAKE
PLACE DURINGA REGULARMEETING AND THAT A COURT REPORTER
TAKES ALL COMMENTS DO\7N AND THAT THE TRANSCRIPT \rILL BE
AVAILABLE TO THE PUBLIC AFTER THE LITIGATION.
COMMISSIONER FTYDE REQUESTED AN EXPLANATION ON IOTHY THE
SPECIAL SESSION COULD NOT BE HEARD IN FRONT OF THE PUBLIC.
CITY MANAGER FLATLEY SAID THAT HE NEEDS COMMISSION DIRECTION
ON SOME LEGAL MATTERS AND VICE MAYOR MIKES COMMENTED ON THE
NEED TO KEEP THE CITY'S LEGAL STRATEGY PRIVATE.
MAYOR GRACE ADJOURNED THE MEETING FOR AN ESTIMATED 30 MINUTES.
AFTER THE PRIVATE SESSION, MAYOR GRACE CALLED THE MEETING TO
ORDER AND THE COMMISSION CONTINUED \flTH THE AGENDA.
5REGULAR MEEIING ,ANUARY 11, 1994
City Attorney Adler mentioned that the variance could be granted with conditions including
the condition that the variance would terminate if the propeny is sold.
4.2 r0flill Allen, Growth Management Director, advised that Berry & Calvin, petitioner for
LU-37-93, has withdrawn the request until Trafalgar Associates, Inc. can accomplish a closing
on the property.
5. CIIIZENS'GOMMENTS - none
6. SITE PLANS - none
7. EXPENDITUREREQUESTS
7.1 City Manager Flatley presented the December invoice for $1,583.54 from David
Dubbink Associates covering partial costs for the ISIS Computer Noise Demonstration
meetings that were held November 3 ard 4.
A motion was made by Commissioner Benino, seconded by Commissioner Jones to continue
the invoice to the next meeting until an explanation on the charges can be obtained. The
motion passed unanimously.
7 .2 City Manager Flatley advised that the December invoice from M. Andrew McGarry is
for appraisal work that was completed in connection with the airport. Mr. Flatley agreed that
he would provide copies of the appraisal for the Commission.
\(zill Allen, Growth Management Director, mentioned that property appraisals were
conducted to establish a data base of properties surrounding the airport for possible future use
Vice Mayor Mikes recommended to maintain an historical record of propeny values and
qualifications of the company conducting the appraisals.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Hyde to approve the
December invoice from M. Andrew McGarry for $4,000.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
7.3 A motion was made by Commissioner Hyde, seconded by Vice Mayor Mikes to
approve the December invoice from Baily Hunt Jones Er Busto in the amount of $2,305.51.
6REGULAR MEEIING JANUARY 11, 1994
The motion passed on the following roll call vote:
7 .4 City Manager Flatley presented the Berry & Calvin proposal for professional
engineering services for the Dania Pier/Restaurant water and sewer improvements. Mr.
Flatley explained that the improvements will service the eventual restaurant and bait shop and
most northern restroom at the beach.
A motion was made by Commissioner Bertino, seconded by Commissioner Jones to aPProve
the Berry & Calvin proposal for engineering services in the amount of $L5,000.
The motion passed on the following roll call vote:
Commissioner Benino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
7 .5 Bud Palm, Utilities Director, presented his recommendation to select Municipal Meter
Reading Service to read the City's meters at a charge of $.40 per meter per month. Mr. Palm
advised that efforts were made to include SDBE (Small Disadvantaged Business Enterprise)
participants and that there were no companies that supply this service.
City Manager Flatley stated that a contract will be brought back to the Commission for
approval.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Jones to approve the
Municipal Meter Reading Service proposal at $.40 per meter per month.
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
Commissioner Hyde - yes
Vice Mayor Mikes - yes
7 .6 Bud Palm, Utilities Director, requested to use water reserve funds to make
improvements to waterlines in the nonheast, northwest and southwest sections of the City by
changing 2" lines to 6" lines.
A motion was made by Commissioner Benino, seconded by Commissioner Hyde to grant the
request.
7REGULAR MEETING ,ANUARY 11, 1994
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
7.7 Bud Palm requested to use sewer impact fees to upgrade Lift Station #2 by installing
soft stan/soft stop starters. Discussion followed on whether the impact fees could be used for
a maintenance item and Mr. Palm clarified that this is not maintenance work. There is a need
to upgrade the starters to alleviate a problem that was caused when the force main was
changed.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to approve
the request to use sewer impact fees for installing soft stan/soft stop starters in Lift Station #2.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Hyde - yes
Commissioner Jones - yes Vice Mayor Mikes - yes
Mayor Grace - yes
8. DISCUSSION AND POSSIBLE ACTION
8.1 Vice Mayor Mikes recommended to change the time to begin City Commission
meetings to 7:30 p.m. instead of 8:00 p.m. He felt that it would be easier for the public to
attend meetings and for City Staff to complete city business earlier in the evenings.
Commissioner Jones suggested to have Commission Comments moved to the beginning of
the meeting.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Hyde to start the City
Commission meetings at 7:30 p.m. and to officially end the meetings no later than 11:30 p.m.
The motion passed on the following roll call vote:
Commissioner Bertino - no
Commissioner Jones - yes
Mayor Grace - no
Commissioner Hyde - yes
Vice Mayor Mikes - yes
8.2 Vill Allen, Growth Management Director, advised that a meeting is scheduled on
Thursday, Janurry 13 * 7:30 p.m. for Dania citizens and organizations to present their ideas
for the upcoming 9fth Binhday Celebration. Mr. Allen mentioned that it looks positive that
Pioneer Days will be held in Dania in L994 a,nd rh* the Pioneer Day Committee will be
voting on this issue in February.
8REGULAR MEEIING JANUARY 11, 1994
8.3 A motion was made by Commissioner Benino, seconded by Commissioner Jones to
approve the request by the Lion's Club to sell alcohol on the beach for the One-Ton Tug on
February 19,1994. The motion passed unanimously
Tim Tapp, Recreation Director, said that Murphy Construction may begin the pier
construction around the same time and they have agreed to cooperate with the Lion's Club in
the event there is a construction conflict.
8.4 Mayor Grace mentioned that the City is unable to reduce rental fees for organizations
in the City to use the I.T. Parker Community Center and that the fee schedule was reduced
for Dania citizens and employees.
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to deny the
request by Hugo Renda, Rotary Auction Committee, to reduce rental fees for the use of LT.
Parker Center for the annual Rotary Auction. The motion passed unanimously.
8.6 A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to
bring Bud Palm, Utilities Director, up to the salary of a Department Head and pay him
retroactive back to the date that he was doing an adequate job.
Commissioner Jones clarified that there are funds budgeted for this increase and that the
budget will not be impacted.
Vice Mayor Mikes commended Mr. Palm performance as Utilities Director. There was
concern about the affect on other welldeserving employees if Mr. Palm is singled out for a
raise and the fact that Mr. Palm was provided a vehicle as pan of a perk in the position.
Commissioner Bertino's understanding was that Mr. Palm was going to be raised to a
Department Head salary once his work performance was deemed adequate and that the City is
just living up to their obligation.
Commissioner Jones questioned what the yetly s ary amount is for a Department Head.
City Attorney Adler thought that the amount in question is $45,000 without longevity and
City Manager Flatley concurred that $45,000 was the amount discussed rn 7991. It was noted
that Mr. Palm is currently at $43,000.
Mayor Grace, Commissioner Hyde and Commissioner Bertino thought that the amount for
Department Heads is around $49,000.
The motion was amended to pay Mr. Palm based on the Department Head scale used by
Personnel.
REGULAR MEETING ,ANUARY 11, 1994
8.5 City Manager Flatley presented the RFP for a Restaurant and Bait Shop Concession at
the Pier. The Commission continued discussion to the next workshop meeting.
9
The motion passed on the following roll call vote:
Commissioner Bertino - yes
Commissioner Jones - yes
Mayor Grace - yes
Commissioner Hyde - yes
Vice Mayor Mikes - no
9. APPOIilTMENTS
9.1 Vice Mayor Mikes continued his Memorials Committee appointment to the next
regular meeting.
9.2 Mayor Grace and Commissioner Bertino continued their Airport Advisory Board
appointments to the next regular meeting.
10. ADMINISTRATIVEREPORTS
10.1 City Manager Flatley gave a summary of the items to be addressed at the workshop
meeting on January 18 and reminded the Commission that the meeting will begin at7:30 p.m
The formal dedication of the Patrick J. Meli Park will take place on February 12 at 2:00 p.m.
Mr. Flatley mentioned that he would keep the Commission updated on the latest
developments of the Pon Everglades transition over to the County.
lO.2 City Manager Flatley presented a schedule of events for Rev. Dr. Martin Luther King,
Jr. holiday.
City Attorney Adler reponed that Dania y/on the lawsuit regarding the Trails End Trailer
Park and distributed a copy ofthe recent attorney general opinion on theJai Alai issue. Mr
Adler advised that he is currently trying to find an attorney to review the Seafair Lease and
Mr. Flatley said that Mr. Snyder is expected to present a report on Seafair in the next few
weeks.
11. COMMISSIONCOMMENTS
11.1 CommissionerBertino
Commissioner Bertino mentioned the success of the recent Manin Luther King Banquet last
Saturday. He suggested review of the Sign Ordinance because sandwich board signs are being
used in the City against code. Commissioner Benino reponed that the new Olsen Middle
REGULAR MEETING JANUARY 11, 1994
CITYMANAGER
CITY ATTORNEY -
10
School is expected to be open in March and that another elementary school will be using the
old Olsen Middle School Building while their school is being built.
Commissioner Bertino requested City Manager Flatley to look into the trash problem at the
Lion's Club.
17.2 Commissioner Hyde
Commissioner Hyde expressed his dissatisfaction with the construction progress on the I.T.
Parker dock. Mr. Flatley said that the contractor is having a problem finding galvanized nails.
11.3 CommissionerJones
Commissioner Jones commented on the success of the Martin Luther King Banquet and
advised that Reverend Randall Barr is being installed as pastor of St. Ruth Baptist Church.
Nightly services will be held at St. Ruth Baptist Church from January 11 through 16.
He advised that Men Against Destruction Defending Against Drugs and Social Disorder
Q{ADDADS) held their second meeting and mentioned that anyone who is interested in this
organization can contact Pastor Meyers, Church of God or Rob McCoy. The Religion
Education Positive Attitude Creates Success (REPACS) program is also held at St. Ruth
Baptist Church.
Commissioner Jones asked Ciry Manager Flatley to look into the following concerns:
*Street lights are out at NW 8th Avenue near Saratoga Apts. near Church of God Church and
Phippen Road.
+Cleanup needed at NW 3 Street where it dead ends behind Competition Cycle.
*Garbage container needed at Bus Stop at 5th Avenue and Old Griffin Road. The City or the
bus company should be responsible for putting the container there and making sure that it is
emptied regularly.
*IJnsafe strudure at N'W 5 Avenue (225 or 228) and there are discarded mattresses which
could cause a possible rodent problem.
City Manager Flatley requested the Commission to inform him of lighting and debris
problems prior to the meetings so that he can take care of the problems when they happen.
+Commissioner Jones requested a written update on the plans to clean up the Public STorks
facility. Mr. Flatley advised that bushes have been planted, trees have been trimmed, the
parking lot has been paved and that a E rage sale/auction is planned. Commissioner Jones
expressed his willingness to assist in the organization of the cleanup.
REGULAR MEETING 11 JANUARY 11, 1994
11.4 Vice Mayor Mikes
Vice Mayor Mikes complimented the Dania Activity Committee on their effons in the
Martin Luther King Banquet. He questioned whether Checkers may need to be required to
build a wall due to the noise impact to residenm in the area. City Manager Flatley reminded
the Commission that Checkers built a wall in the beginning and then the Planning & Zoning
Board recommended to change it to a fence. Mr. Flatley felt that a wall would be better and
that he would communicate with Checkers.
Vice Mayor Mikes concurred with Commissioner Hyde's comments on the slow construction
ofthe I.T. Parker dock and asked City Manager Flatley to stay on the constructior progress.
Vice Mayor Mikes mentioned that a letter was received from the President of the Davis Isles
Association expressing concern for the placement of the FPL bridge in the west area. He
suggested to reque$ the Coast Guard to notice Dania on any constmction or projects that are
being considered {or the Dania canal area. Commissioner Hyde advised that Dania was not
given notice on the bridge because the area is not in Dania.
11.5 Mayor Grace
Mayor Grace requested to include discussion of the request by the Dania Economic
Development Corporation to waive liens on some properties located on NW' 8 Avenue to the
next workshop meeting.
Mayor Grace extended her appreciation to the Commission, on behalf of the Dania Activity
Committee, for attending the Martin Luther King Banquet and commented on funher events
scheduled on January 17. On January 14 at7:30 p.m., LES (Liberia Economic and Social
Development, Inc.) and the City o{ Hollywood will have a banquet at Washington Park in'!(est Holly,wood.
Mayor Grace advised that she would be speaking for the Church of God the first Sunday in
February for Black History Month.
fhis regular meetinci aqiourned.
N,t^ *-\
MayorGommissionel
City Clerk Auditor
t2 JANUARY 11, 1994REGULAR MEETING