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Home My WebLink About1997-01-14 Regular City Commission Meeting MinutesMINUTES DANIA CITY COMMISSION REGULAR MEETING JANUARY 14, 1997 MAYOR BERTINO CALLED THE MEETING TO ORDER AT 7:30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE * Reverend Richard Austin, First Baptist Church of Dania ROLL CALL Present: Mayor: Vice Mayor: Commissioners: City Manager: City Attorney: City Clerk: John Bertino Bobbie Grace (arrived 8:20 p.m.) Bill Hyde Albert Jones (arrived 8:25 p.m.) Bob Mikes Mike Smith Frank Adler Marie Jabalee PRESE/VIAT'O'VS "BSO - Deputy of the Month Chief Frey reported that Deputy Ken Bove will be leaving District ll due to his being transferred to a special unit with BSO. Chief Frey commended Deputy Bove's professional performance and explained his recent involvement in the capture of a burglary suspect. Deputy Bove was awarded the "Deputy ofthe Month" for December 1996. Chief Frey reported that Major Carney, former District ll Chief, has been promoted to Lieutenant Colonel in charge of all of the enforcement operations for the Broward Sheriff's Office. ITEMS PULLED FROM THE CONSENT AGENDA:1.4, 1.7,1.8,'1.9. ,. CO'VSE'VT AGENDA Minutes: Bills: 1REGULAR MEETING JANUARY 14, 1997 1.1 Regular Meeting of December 1 7, 1 996.1.2 Workshop Meeting of August 7, 1996. 1.3 Approval of bills for October 1 996 Resolulions.'1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR IMPLEMENTATION OF PROGRAMS PURSUANT TO THE ENHANCED MARINE LAW ENFORCEMENT GRANT (EMLEG) FOR THE FISCAL YEAR 1996-97; AND PROVIDING FOR AN EFFECTIVE DATE," 1.6 .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, INCREASING ITS GENERAL FUND BUDGET FOR THE FISCAL YEAR, 1996-97, FROM $15,444,770.00 TO $15,495,435.00 BY TNCREASTNG THE APPROPRIATED AMOUNT OF PRIOR YEARS SURPLUS TO APPROPRIATE FUNDING FOR PRIOR YEAR ENCUMBRANCES; AND PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.10 ,A RESOLUTION OF THE CITY OF DANIA, FLORIDA URGING THE UNITED STATES CONGRESS TO APPROPRIATE $17 MILLION IN FY 1998 FUNDS FOR THE BROWARD COUNTY BEACH NOURISHMENT PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE." Ordinance: 1.11 ,AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING sEcTtoN 25.124 (C) OF THE CODE OF ORDTNANCES TO CLARTFY THE WEIGHT OF TRUCKS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE." (First reading of ordinance) A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, to approve the Consent Agenda with the exception of items 1 .4, 1.7 , 1 .8 and 1 .9. The motion passed on the following roll call vote Commissioner Hyde- yes Mayor Bertino - yes Commissioner Mikes - yes ITEMS PULLED FROM THE CONSENT AGENDA: 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ONE 1997 PIERCE QUANTUM PUMPER FROM PIERCE MANUFACTURING, INC., UNDER BROWARD COUNTY BID #C-07.96-08-12 TOGETHER WITH EQUIPMENT THEREFOR, FOR THE AMOUNT OF THREE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED SEVENTEEN AND NO/1OO DOLLARS ($349,517,00), WITHOUT COMPETITIVE BIDDING AND 2REGULAR MEETING JANUARY 14, 1997 WTHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.' Chief Grammer explained that the City is using the Broward County bid price to purchase a fire truck from Pierce Manufacturing, lnc. The City has received a commitment that the price will be held at $349,517.00 and it will take 8 to 12 months for delivery. The new fire truck will replace an old engine that will now be used as a reserve. Discussion followed on the guarantee for parts and service for the vehicle. A motion was made by Commissioner Mikes, seconded by Commissioner Hyde, to adopt the resolution. The motion passed on the following roll call vote: Commissioner Hyde- yes Mayor Bertino - yes Commissioner Mikes - yes Commissioner Mikes expressed concern with the City's financial exposure on employee pension funds since the City cannot count on the return on investments that has been received over the past few years. He recommended placing a certain percentage of the budget from surplus funds into a reserve fund and including this as a binding question on the upcoming election ballot. Mayor Bertino mentioned that there are CPA professionals, dealing with government agencies, who believe that a reserve fund taxes people too much and that taxes should be raised on an "as needed" basis. Mayor Bertino agreed that 1% was more reasonable than 10% of the current budget. Commissioner Mikes clarified that the reserve fund would only be increased during a budget year with surplus funds. The reserve fund is a good financial method that will protect taxpayers from high tax increases like the one in 1988- REGULAR MEETING JANUARY 14,1997 1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY ON THE BALLOT OF THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 11,1997, A BINDING QUESTION AS TO WHETHER OR NOT THE CITY COMMISSION BE REQUIRED TO BALANCE THE CITY BUDGET WTHOUT USING PRIOR YEAR'S SURPLUS UNLESS THIS RESERVE FUND EXCEEDS TEN (10) PERCENT OF THE CURRENT BUDGET." Marie Jabalee, City ClerUFinance Director, explained that the City has used prior year's surplus in the past to balance the budget; however, the amount of surplus has never been as much as 10% of the current budget. Commissioner Mikes made a motion to amend the percentage amount in the resolution title as follows: "UNLESS RESERVE FUND EXCEEDS FIVE PERCENT (5%) OF THE CURRENT BUDGET OR A 4/5 VOTE OF THE COMMISSION DECLARES A FINANCIAL EMERGENCY" and under Section 2 -QUESTION . "OR SHALL THE CITY COMMISSION OF THE CITY OF DANIA BE REQUIRED TO BALANCE THE CITY BUDGET WITHOUT USING PRIOR YEAR'S SURPLUS UNLESS THIS RESERVE FUND EXCEEDS FIVE PERCENT (5%) OF THE CURRENT BUDGET OR A 4/5 VOTE OF THE COMMISSION DECLARES A FINANCIAL EMERGENCY". The motion died for lack of second. Commissioner Hyde stressed the need for the entire Commission to be present for this issue. Commissioner Mikes suggested to pass the resolution at this meeting since there is a deadline for getting the question on the upcoming ballot. The City Commission could vote to strike the question from the ballot at the next meeting if it is not acceptable. After passing the gavel, Mayor Bertino made a motion to table the resolution to the next regular meeting, seconded by Commissioner Hyde. The motion to table passed on the following roll call vote: Commissioner Hyde -yes Mayor Bertino - yes Commissioner Mikes -no ITEM 1.8 WAS HEARD AFTER I.7 SECOND TIME THAT ITEM 1.7 WAS ADDRESSED UNDER ITEM 1 1.1 Once again Commissioner Mikes explained that a reserve fund would protect taxpayers from being hit with a major tax increase like the one that occurred in 1988. He agreed that the percentage amount could be reduced to 5o/o,3o/o, or 1% and to require a 4/5 vote of the Commission. Mayor Bertino agreed that a reserve fund might be a good idea to cover the City's pension funds. The City cannot always count on the reduction that is received from the return on pension fund investments and the City is obligated to provide an amount to stabilize these funds each year. It was clarified that if surplus funds did not exceed the agreed percentage of the budget then no funds would be added to the reserve fund. 4REGULAR MEETING JANUARY 14, 1997 Marie Jabalee, Finance Director/City Clerk, mentioned that the City of Fort Lauderdale has a reserve fund, but she was not aware of a set standard amount. The City has a fund balance reserve from prior year's surplus and there are some funds that have been built up. However, the City has no requirement on maintaining a certain percentage from the budget or anything in place that prohibits the use of surplus funds. City Clerk Jabalee advised that the estimated value of the two pension plans is $16 million dollars. A motion was made by Commissioner Mikes to amend the resolution title as follows "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY ON THE BALLOT OF THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 11, I997, A BINDING QUESTION AS TO WHETHER OR NOT THE CITY COMMISSION BE REQUIRED TO BALANCE THE CITY BUDGET WTHOUT USING PRIOR YEAR'S SURPLUS UNLESS THIS RESERVE FUND EXCEEDS F|VE PERCENT (5%) OF THE CURRENT BUDGET OR A 4/5 VOTE OF THE COMMISSION DECLARING A FINANCIAL EMERGENCY" and under Section 2 - QUESTION - "SHALL THE CITY COMMISSION OF THE CITY OF DANIA BE REQUIRED TO BALANCE THE CITY BUDGET WTHOUT USING PRIOR YEAR'S SURPLUS UNLESS THIS RESERVE FUND EXCEEDS FIVE PERCENT (5%) OF THE CURRENT BUDGET OR A 4/5 VOTE OF THE COMMISSION DECLARES A FINANCIAL EMERGENCY". The motion failed for lack of a second. AFTER THIS MOTION, THE COMMISSION ADDRESSED ITEM 1.8 FOR THE SECOND TIME. 1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VOTERS ON THE BALLOT OF THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 11,1997, A BINDING QUESTION AS TO WHETHER OR NOT THE RESIDENTS OF THE CITY ARE FOR OR AGAINST A REQUIREMENT THAT A 4/5 VOTE OF THE CITY COMMISSION BE NECESSARY IN ORDER TO INCREASE SPECIAL ASSESSMENT SERVICE FEES FOR HOMESTEAD PROPERTY IF SUCH FEES EXCEED THE MOST RECENT SOCIAL SECURITY C.O.L.A.' Commissioner Mikes explained that the recent EMS Special Assessment Program was targeted for homestead exemption residents and that these individuals should be protected with a 4/5 vote on increases in Special Assessment fees. Commissioner Hyde disagreed with the need for this resolution as the City might just as well require a 4/5 vote to pass the budget each year. Mayor Bertino thought it would make more sense to change the resolution by making it illegal for the City to increase Special Assessment fees or by requiring a 5/5 vote. City Manager Smith explained that the City has to go through an exceptional process to implement Special Assessment Programs, which includes two public hearings and special notices being sent to every property owner. The City Commission held several workshop meetings and public hearings to determine how the programs were going to be implemented. REGULAR MEETING JANUARY 14, 1997 A motion was made by Commissioner Mikes to approve the resolution. The motion died for lack of a second. After passing the gavel, Mayor Bertino made a motion to table the item until the next regular meeting. The motion to table passed on the following roll call vote: Commissioner Hyde- yes Commissioner Mikes -noMayor Bertino -yes ITEM 1.9 WAS HEARD AFTER THE FIRST TIME ITEM I.8 WAS HEARD SECOND TIME ITEM 1.8 WAS ADDRESSED UNDER ITEM II.1 Commissioner Mikes mentioned that homestead owners have been hit very hard with the EMS Special Assessment fee of $85.16 this past year. The resolution will provide protection for homeowners by requiring a 4/5 vote if the Special Assessment fees exceed the most recent Social Security C.O.L.A.' At this time, Mayor Bertino clarified that item 't.7 died for lack of a second to the motion. City Manager Smith mentioned that the City Commission adopted three different Special Assessment programs this past year (Solid Waste, Stormwater and Fire Rescue) and that an exceptional process had to be followed to approve these programs. The Commission was very aware of these programs because several workshop meetings were held to discuss the issues and the amounts to assess the taxpayers. Commissioner Hyde did not understand the need for the resolution since the change does not mean that there will be a reduction in any fees to taxpayers A motion was made by Commissioner Mikes to approve the Resolution. The motion died for lack of a second. THE COMMISSION RETURNED TO COMMISSIONER HYDE'S COMMENTS UNDER II,I. 1.9 .A RESOLUTION OF THE CIry OF DANIA, FLORIDA REQUESTING THE 1997 FLORIDA LEGISLATURE TO PROVIDE THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WITH S5.1 MILLION IN FY 1997-98 APPROPRIATIONS FOR THE BROWARD COUNTY BEACH NOURISHMENT PROJECT, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE FOR FLORIDA BEACH MANAGEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. bREGULAR MEETING JANUARY 14, 1997 A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, to deny the resolution. The motion passed on the following roll call vote: Commissioner Hyde- yes Mayor Bertino - yes Commissioner Mikes - yes Commissioner Hyde clarified with City Attorney Adler that although he has voted against this resolution that he can bring it back to the next meeting if he so chooses. ln response to Commissioner Mikes, Mayor Bertino advised that item 1.11 was not pulled from the Consent Agenda. City Attorney Adler stated that the ordinance clarifies that it is the weight of the truck, not the capacity, that is being defined. Commissioner Mikes agreed to address the ordinance further at the second reading on January 28, 1997 . 2.PROCLAMATIONS 2.1 City Manager Smith read the proclamation declaring January 19, 1997, as "Pastor Randall Barr Appreciation Day" in the City of Dania. 3. B,DS - 3.1 Award of bid for Southwest Sidewalk and Landscape lmprovements City Manager Smith recommended awarding the bid to Southeast General Construction, lnc. for Southwest Sidewalk and Landscape lmprovements with a contingency that the approval of the bidder be subject to approval by Broward County Community Development. City Manager Smith mentioned that an issue has been raised by Broward County Community Development regarding a possible need for Southeast General Construction, lnc. to meet additional Hispanic SDBE goals in the bidding process. Agenda item 3.2 was declared a scrivener's error and the resolution was addressed as item 3. 1 . .A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND SOUTHEAST GENERAL CONSTRUCTION, INC. FOR SOUTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS UNDER THE COMMUNITY BLOCK GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE." REGULAR MEETING JANUARY 14, 1997 Commissioner Hyde opposed the method of pumping sand off the beach from an environmental point of view in an effort to nourish the beaches. He felt that there are better methods that can be utilized and that he could not support this resolution. 7 A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, to amend the Resolution to be subject to approval by the Broward County Community Development Division. Commissioner Hyde- yes Mayor Bertino - yes Commissioner Mikes - yes City Manager Smith advised that Southeast General Construction, Inc. was the lowest bidder of seven bids received. Due to the substantial difference in price between the next bidder, Mr. Smilh recommended to try to work with Southeast General Construction, Inc. to resolve the matter. A motion was made by Commissioner Hyde, seconded by Mayor Bertino, after passing the gavel, to adopt the resolution as amended. Vice Mayor Grace arrived at 8:20 p.m. The motion passed on the following roll call vote: ITEM 8.1 WAS HEARD AFTER ITEM 3.1 4. PUBLIC HEARIIVGS -none 5- SITE PLANS -none CITIZENS' COMMENTS - coMMENrs BY DANTA ctrtzENs oR tNTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN lN WRITING OR COI\,IMUNICATED VERBALLY PRIOR To 4:00 P.M. THE SECOND (2ND) AND FOURTH (4TH) MONDAY OF EACH MONTH, COI\,1NiIENTS OF ANY NATURE WLL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WLL BE ASKED TO ADDRESS THE CITY COIVIMISSION DURING THE MEETING. EXPENDITURE REQUESIS -none D'SCUSS'ON A N D POSSIBLE ACTION Discussion of Hollywood Wastewater Large User Agreement (Commissioner Mikes) City Manager Smith was directed to meet with other City Managers to determine if there is a need to review the Large Users Agreement. 6 7. I 8.1 REGULAR MEETING JANUARY 14, 1997 The motion passed on the following roll call vote: Commissioner Hyde- yes Commissioner Mikes - yes Vice Mayor Grace- yes Mayor Bertino - yes 8.2 Establishing fees and policies regarding rental of dock space at l.T. Parker Center. City Manager Smith advised that he has received requests from some owners of large yachts to dock at the l.T. Parker Center on a long-term basis. lt was noted that examples of fee schedules from similar facilities were provided in the backup. lf the City Commission is interested in a commercial dock operation at the l.T. Parker Center, Mr. Smith agreed to go forward with preparing a fee schedule and policy manual. Commissioner Mikes was concerned with possible interference with weddings and community functions that are scheduled at the l.T. Parker Center. Commissioner Jones arrived at 8:25 p.m' Discussion followed on the need to address the cost relating to electrical service, a sanitary pump system and insurance requirements. City Manager Smith was directed to bring back cost proposals and policies for this type of operation. Commissioner Mikes requested the City Manager to review possible grant opportunities that may be available for the center. APPOINTMENTS (item 9.7 was addressed' all other appointments continued) 9 9.1 9.2 9.3 9.4 9.5 9.6 9.7 Appointment of four members to the Airport Advisory Board. Three appointments to the Budget Advisory Committee. One citizen appointment by City Commission and 3 citizen nominations from City Commission for employees to vote for one member to the Civil Service Board. Appointment of two alternates to the Code Enforcement Board. Appointment of three members to the Community Affairs Advisory Board Appointment of one member to the Dania Economic Development and Downtown Redevelopment Board. Appointment of two members to the Human Relations Board. Commissioner Hyde appointed Sophie Steel to the Human Relations. A motion was made by Commissioner Jones, seconded by Commissioner Hyde to approve Sophie Steele on the Human Relations Board. The motion passed unanimously. 9.8 Appointment of Real Estate Appraiserto the Unsafe Structures Board. 10. ADMINISTRATIVE REPORTS 10.1 City Manager 9REGULAR MEETING JANUARY 14, 1997 City Manager Smith encouraged the Commission to provide any items they wish to discuss at the upcoming Workshop Meeting on January 21, 1997 . 10.2 City Attorney- no comments 1 1. COMMISSION COMMENTS 11.1 Commissioner Hyde ITEM 1.7 AND I.8 WERE RECONSIDERED A motion was made by Commissioner Hyde, seconded by Commissioner Mikes, to reconsider items 1.7 and {.8. The motion passed unanimously. After reconsideration of item {.7 and 1.8, Commission Comments continued: Commissioner Hyde read a letter from Keith & Schnars, P.A. advising that the Trails End property is no longer the primary site being considered for the bus/taxi staging improvement. Commissioner Hyde requested to have Mr. Bill Keith' Keith & Schnars, address the City Commission on this issue at one of the next meetings. Commissioner Hyde mentioned that a derelict boat was left at the l.T. Parker Center recently and that the City Manager and Public Works crew assisted him in removing the boat. At the request of the City Commission, Marie Jabalee, Finance Director/City Clerk, advised that the Budget Advisory Board has not been able to hold a meeting since September for lack of a quorum. The only two members currently on the board are Eugene Jewell and Al Spies. lt was noted that the by-laws for the board provide an automatic resignation when members miss 3 meetings without an excused absence. 11.2 CommissionerJones The St. Ruth Baptist Church will be celebrating Reverend Randall Barr's anniversary with the church starting on Wednesday at 7:30 p.m. through Sunday, January 19 in an effort to honor his accomplishments and leadership. The Mt. Zion AME Church will be having its 88th Anniversary on January 19, 1997, with services at 8:00 a.m. and 11:00 a.m. with Reverend Thigpen. Commissioner Jones extended appreciation, on behalf of his mother, Mildred Jones, for the gefwell cards and well wishes extended by friends in the community. He was sorry to report that Pearlie Mack and Terrence Drake recently expired. City Manager Smith was asked to have Code Enforcement look into the eyesore that exists with the vacant lot on SW 6 Avenue. Commissioner Jones expressed REGULAR MEETING 10 JANUARY 14, 1997 his dissatisfaction with the garbage pickup during the Christmas Holidays. He felt that the vendor should have notifled the City Manager regarding the delay in garbage pickup because of the impact on residents and public health. Commissioner Jones urged BSO to patrol Byrd Park to make sure that people are out by 6:00 p.m. or dusk. Commissioner Mikes commented on his efforts to oppose the County's proposal for a taxi/bus terminal at the Trails End property. Discussion followed on the positive input from the community with the recent installation of Palm Trees in the downtown area. lt was mentioned that sidewalks around public facilities should be kept in good condition for the public and that Commissioners should not have to take calls from citizens concerning maintenance issues at the parks. City Manager Smith advised that the City is not responsible for repairing sidewalks that are on other agency or private properties. Commissioner Mikes expressed his dissatisfaction with garbage being picked up late at night. City Manager Smith advised that the representative from BFI expressed his apologies forthe garbage pickup problems. BFI has made a commitment to have garbage pickup completed by 5:00 p.m. for Dania. Commissioner Mikes mentioned that the public is invited to the IGFA World Fishing ground breaking on Friday starting at 9:45 a.m. on the proposed site at Griffin Road off Tigertail Boulevard. 11.4 Vice-Mayor Grace Vice Mayor Grace commented on the positive turn out for the recent Martin Luther King Banquet that was held January 4. She thanked the City of Dania and the Dania Activity Committee for working together to make sure this event continues in the City. On Monday, there will be a Prayer Breakfast at Collins Elementary starting at 7:30 a.m. and services will be held at Bethel Missionary Baptist Church with Reverend Gregory Bernard Pope. The scheduled keynote speaker is the Honorable Judge Herbert Grimes from Daytona Beach. Vice Mayor Grace read a letter from the Greater Mt. Zion AME Church encouraging attendance at its 88rh Church Anniversary on Jan 19, 1997' at 8:00 a.m. and 'l 1:00 a.m. Discussion followed on the need for the Budget Advisory Board to be back on track, better garbage pickup and park maintenance. I1.5 Mayor Bertino REGULAR MEETING 11 JANUARY 14, 1997 11.3 CommissionerMikes Mayor Bertino asked that Code Enforcement Board address the rat problem coming from the swamp area on SE 3 Street. This meeting was adjourned. R-COMMISS ER CITY CLERK DITOR REGULAR MEETING 12 JANUARY 14, 1997