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REGULAR MEETING
DANIA CITY COMMISSION
OCTOBER 11, 1978
Invocation by City Manager, Richard Marant
Pledge of Allegiance.
Roll Call :
Present:
Mayor: John Bertino
Vice Mayor: James Adams
Commissioners: Jean Cobk
Robert Donly
Howard Hirsch
City Attorney: Frank Adler
City Manager: Richard Marant
City Clerk: Wanda Mullikin
Zoning Consultant: Luther Sparkman
Absent:
Police Chief: Rudy Rigo
Building Official : Paul Maxwell (sick)
This meeting was continued from October loth due to the Jewish Holiday
(Yom Kippur)
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
approve the minutes of the regular meeting September 26th, special meeting
of September 27th, workshop meeting of October 3rd, and special meeting of
October 3rd, 1978. The motion passed by all .
(Item - 10 * A motion was made by Commissioner Hirsch, seconded by Commissioner Cook
on agenda) to postpone the first reading of the ordinance regarding the lease
agreement with Atlantic Concessions for the Dania Beach Grill until the
next regular meeting of October 24th. The motion passed by all .
City Attorney Adler informed the Commission of a change from $15,000 to
$13,000 annual guarantee for the twenty year lease and the Commission
instructed City Clerk, Wanda Mullikin to make this change in the agreement.
1. Public Hearings:
* City Attorney Adler read the title of the Ordinance concerning pornography
regarding a fine not to exceed $500 or imprisonment for a period not to
exceed 90 days to any person who shall knowingly display to open public
view any still picture or photograph, or any book, pocket book, pamphlet
or magazine , the cover which exploits, is devoted to, or is principally
made up of depictions of illicit sex, ect. . .
Mayor Bertino then declared the public hearing open, hearing no one speak in
favor or opposition of this ordinance, the Mayor declared the public hearing
closed.
A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to
adopt this first pornography ordinance on first reading.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
Regular Meeting -1- October 11, 1978
** City Attorney Adler read the title of the pornography ordinance concerning
anyone selling, lending, giving away, showing, advertising for sale
or distributing to anyone under the age of 18 years any material which
exploits, is devoted to, or is principally made up of descriptions or
depictions of illicit sex.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition, the Mayor declared the public hearing closed.
A motion was made by Commissioner Hirsch, seconded by Commissioner Adams
to adopt on first reading this second ordinance concerning pornography.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
*** City Attorney Adler read the title of the ordinance concerning pornography
providing that in existing zoning districts where either a book store and/or
a motion picture theatre is a permitted use, the use of adult book store,
adult motion picture theatre and adult mini motion picture theatre, shall
be permitted as a book store use or motion picture theatre use, respectively,
where permitted, but shall not be located within 1,000 feet of any two other
such uses(adult book store, adult motion picture theatre, adult mini motion
picture theatre) or within 500 feet of a church or other places of worship,
school or residentially zoned district.
Mayor Bertino declared the public hearing open, hearing no one speak in favor
or opposition, the Mayor declared the public hearing closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to amend
this ordinance to 1,000 feet instead of 500 feet of a church or other places of
worship, school or residentially zoned district.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-no
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
A motion was made by Commissioner Adams, seconded by Commissioner Cook to
adopt this ordinance as amended on first reading.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-voted no to the distance of
Commissioner Cook-yes the church, not to the ordinance itself.
Commissioner Donly-yes
Mayor Bertino-yes
(b) Mr. George Hewlett stepped forward to request a variance for the property located
at 302 Lewis Lane to allow the use of a brokerage office and new boat sales from
a recreational building.
Mayor Bertino declared the public hearing open, hearing no one speak in favor
or opposition of this variance request, the Mayor declared the public hearing
closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
approve the variance request by George Hewlett with the stipulation that
there be no sign on the outside of the building.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
Regular Meeting -2- October 11, 1978
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2. Citizens ' Comments:
Mr. George Hewlett stepped forward to express public appreciation to the
concern that the Planning & Zoning Board members and the Commission has
for the City of Dania.
Mr. Ken Hall stepped forward to read a letter from Amadeo Tomaini , Recreation
Director concerning projects for Modello Park. He also inquired as to where
the funds were distributed that were allocated for paddle ball courts at
Westside Park in 73-74 and why there was zero budgeted in 75-76 for handball
courts. Mr. Hall also read a letter he will be submitting to all the
Commissioners in reference to the Police Review Board.
3. Mr. Ken Hall discussed with the Commission his ideas for a new Affirmative
Action Plan for the City of Dania. He continued with questions concerning
the qualifications of employees, nepotism, and why the position of City
Manager was not advertised.
The Commission briefly reviewed these questions with Mr. Hall and decided to
have this discussion placed on the next regular meeting agenda, so that the
Commission could have more time to review the Affirmative Action Plan pre-
sented by Mr. Hall .
4. City Manager Marant presented a recommendation from the City's Engineers to
employ East Coast Asphalt Corporation for paving S.E. 6th Street at the cost
of $2,050.00.
A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to
adopt the resolution waiving the bidding procedure for the City Manager to
contract with Eastcoast Asphalt Corporation at the price of $2,050.00 for
paving of S.E. 6th Street.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Hirsch-yes
Commissioner Cook-yes Mayor Bertino-yes
Commissioner Donly-yes
City Attorney Adler informed the Commission that he would prepare the resolution
authorizing this job.
5. City Engineer, John Farina was present to discuss with the Commission his
recommendation for sewer charges on the westside of the City. City Manager
Marant informed the Commission of a meeting that he attended concerning the
Community Block Grant certifying and funding services for those people who
are financially disabled to pay for their hook-up into the sewer and those
people who are able would have to pay for their own hook-up. City Manager
Marant said he expects to have an answer from Community Development within
30 days.
Mr. Farina also stated that the present ordinance states the use of cast iron
or vitrified clay in the service between the home and street. He recommended
to permit the use of PVC lines. City Manager Marant was instructed to have
an amendment prepared to Ordinance k63 implementing this change.
6. City Attorney Adler read the title of the resolution expressing concern
of the City Commission over the proposed abolition of sovereign immunity.
A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to
adopt the resolution expressing concern over the proposed abolition of
sovereign immunity. The motion passed by all .
7. City Attorney Adler read the title of the resolution petitioning the Legislature
to amend the Consultant's Competitive Negotiation Act to allow competitive
bidding for engineering and similar professional services.
Regular Meeting -3- October 11, 1978
A motion was made by Commissioner Hirsch, seconded by Commissioner Adams
to adopt the resolution petitioning the Legislature to amend the Consultant's
Competitive Negotiation Act to allow competitive bidding for engineering
and similar professional services. The motion passed by all .
Commissioner Donly informed the Commission that the November program from
the Broward League of Cities will be a discussion of this act and urged all
Commissioners to attend.
8. City Attorney Adler read the title of the resolution opposing the legalization
of casino gambling in South Florida.
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
adopt the resolution opposing the legalization of casino gambling in South
Florida. The motion passed with Commissioner Hirsch voting no.
Commissioner Donly reminded the Commission that this subject is being discussed
at the League dinner October 12th at 7:30 p.m. at the Reef Restaurant and
urged them to attend.
9. The Commission was unable to adopt on first reading an ordinance prohibiting
gambling on City owned property due to this ordinance not being prepared.
Therefore, the Commission instructed City Attorney Adler to prepare this
ordinance for adoption at the next regular meeting.
10. This item on first reading of ordinance regarding lease agreement with v
Atlantic Concessions for the Dania Beach Grill was postponed until the
October 24th Commission meeting.
11. A motion was made by Commissioner Donly, seconded by Commissioner Hirsch to
approve the agreement between the City and Jeffrey Gross for renovation of
the former Mosquito building on Stirling Road into the new Boisey Waiters
Community Center. The motion passed unanimously.
12. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to grant
acceptance of Department of Community Affairs grant for the new Social
Services vehicle and permission to advertise for bids. The motion passed by all .
13. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to
table the discussion of water deposits until the workshop meeting set for
November 2 at 8:00 p.m. The motion passed unanimously.
14. Fire Chief Jewell stepped forward to inform the Commission that the grant for
the Emergency Rescue Vehicle will not be funded and stated that the Volunteer
Fire Department has agreed to loan the City the $10,000 to help purchase
this vehicle, with payments of $2,500.00 per year for the next four years,
with the first payment to be paid from the 1979-80 Budget. Mr. Jewell then
stated that there has been $5,000.00 budgeted and with the sale of the
1958 chevy van and 1969 step van from the Fire Department, that there sould
be enough to purchase this vehicle. He then requested permission to declare
these vehicles surplus for sale.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
accept the offer from the Volunteer Fire Department of $10,000.00 and to
purchase the Emergency Rescue Vehicle. The motion passed by all .
After further discussion, a motion was made by Commissioner Donly, seconded
by Commissioner Cook to declare these vehicles surplus, to advertise for
bids, to give the City Administration the discretion of determining whether
the value is appropriate or not, and the latitude to examine the need in
other departments for the use of these vehicles. The motion passed by all .
15. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to
approve the bills for the month of September. The motion passed unanimously.
Regular Meeting -4- October 11, 1978
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Addendum:
City Manager Marant requested permission to purchase the Phillips Confer-
ence System for the Commission Chambers at a cost of $4,985.00.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
instruct City Attorney Adler to prepare the resolution waiving the bidding
procedure for City Manager Marant to purchase the sound system for the
Commission Chambers at $4,985.00. The motion passed unanimously.
Commission comments:
Commissioner Donly expressed his appreciation to the administration for sending
the letter to Brazil Contempo concerning their parking of a vehicle on the
green area in front of their warehouse, and he thanked Brazil Contempo for
complying with this request.
The Commission then set a special meeting for October 23rd at 8:00 p.m. to
discuss the memorandum agreement with Saturday Corporation.
Meeting adjourned.
Mayor-Commissioner
City Clerk-Auditor
Regular Meeting -5- October 11, 1978
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• "`��� TELEPHONHI Y21 MI
iW WEST BEACH OOULEVARO T T�".�Lp F-.. •j�AN I A
iDA.N'IA. rLOUYDA
October 4. 1978
Dear Mr. Hall.
The following projects have been approved for completion
during the current fiscal year (October 1. 1978 through September
309 1979) . The setting of targeted completion dates will enable
us to proceed at a more orderly and rapid pace.
o truwl �""'
A o i
Parks & Recreation Director
'. ANTIQUE CENTER OF THE SOUTH
4xn rSFie 'i3i.'_ _lips IOWA'PZ #�*K
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-�J � •P�'y�` ' i1tY
• •, .. � TELEVN0N67 93742E1
100 WEST BCACH BOULEVARD I T -<,�_� �, •D A N I A
DANIA, FLORIDA
October 49 1978
MODELLO PARK
ITEM cOST TARGETED COMPLETION
DATE
Extend sprinkler system and add 3 500 December 1978
10 horse pump,drive well ,
**Installation of 61x14007 chain 2,650 December 1978
link fence (materials only)
Reseal, repaint and restripe 1,625 Novembet 1978
tennis courts
Additional lighting of tennis 1,500• November 1978
courts
Seal basketball courts with November 1978
sand slurry, repaint & restripe 10125
New lighting for basketball 5 000 January 1979
courts
**New restrooms adjacent to 3 500 February. 1979
baseball field (materials only)
**Paddleball Courts materials only) 3,000 March 1979-
Kiddie park equipment7barbells 1 8 0 March 1979
and picnic tables
TOTAL $23,760
**denotes labor supplied by P.S.E- cETA crew under current funding-