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MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
AUGUST 8, 1978
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Invocation by Reverend Milton Jones
Pledge of Allegiance
Roll Call :
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Present:
Mayor: John Bertino
Vice Mayor: Jame's Adams
5z Commissioners: Jean Cook
Robert Donly
City Attorney: Frank Adler
City Manager: John S. Lassiter, Sr.
City Clerk: Wanda Mullikin
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Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman
'a Absent:
Commissioner: Howard Hirsch (vacation)
U, Police Chief: Rudy Rigo
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A motion was made by Commissioner Cook, seconded by Commissioner Donly to
's '4> excuse Commissioner Hirsch from this meeting. The motion passed by all .
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
approve the minutes of the regular meeting of July 25th, the workshop and
special meetings of July 20th, and the special meeting of August 1st. The
motion passed unanimously.
1. Public Hearings:
(Itein (h) (a) Attorney Jim Walden representing Mr. George Patterson was present to
on agenda) request a Special exception request for the property located at 2452
North Federal Highway to allow the use of an auto rental facility.
Mayor Bertino then declared the public hearing open, hearing no one
speak in favor or opposition of this special exception request, the
Mayor declared the public hearing closed.
A motion was then made by Commissioner Donly, seconded by Commissioner
Cook to grant the Special Exception request to George Patterson for
the property located at 2452 North Federal Highway.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
(b) City Attorney Adler read the title of the ordinance amending the
Police and Fire Pension Ordinance No. 132 for second reading.
Mayor Bertino then opened the public hearing, hearing no one speak in
favor or opposition, the Mayor declared the public hearing closed.
A motion was made by Commissioner Cook, seconded by Commissioner Donly
to adopt on second and final reading this ordinance amending Ordinance
No. 132 concerning the disbursement of funds in the Police and Fire
Pension plan.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
`k{ Regular Meeting -1- August 8, 1978
( Item b (c) City Attorney Adler read the title of the ordinance approving the
on agenda) "Greyhound Rent-A-Car Plat" for second reading.
Mr. Bob McLaughlin and Mr. Seigle from Greyhound rent-A-Car were
present to request that they not be required to make the 30' dedi-
cation along the southside until the road is put in and to request
plat approval for the ordinance approving "Greyhound Rent-A-Car.
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 Donly, seconded by Commissioner Cook
to accept on second reading the Ordinance approving the "Greyhound
Rent-A-Car Plat pending the 30' dedication to the City of Dania
on the southside of the property:
The motion passed on the following roll 'call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
( Item c on (d) Mayor Bertino opened the public hearing for the special exception
agenda) request by Greyhound Rent-A-Car, 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 grant the special exception request to Greyhound rent-a-car for the
property located at 1734 North Federal Highway to allow an auto rental
facility.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
(Item d (e) Mayor Bertino opened the public hearing for the special exception re-
on agenda) quest from Host Rent-A-Car, hearing no one speak in favor or opposition,
the Mayor declared the public hearing closed.
After further discussion, a motion was made by Commissioner Cook, seconded
by Commissioner Adams to grant the special exception request to Host Rent-
A-Car for the property located at 2600 North Federal Highway with the
understanding that there will not be any repairs on the outside of the
building, 5' easement on Shull road, 10' planting area along Federal
Highway, and an 8" water main along Shull Road.
The motion passed on the following roll cal vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
( Item a (f) Mrs. John Rule was present to request a variance for the property
on agenda) located at 726 SW 5th Street to allow the use of adult congregate
living.
Mayor Bertino then declared the public hearing open, after hearing
several Dania residents speak in favor and two speak in opposition, the
Mayor declared the public hearing closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to approve the variance request by Mr. and Mrs. Rule for the property
located at 726 SW 5th Street to allow the use of adult congregate
living.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-no
Regular Meeting -2- August 8, 1978
( Item f (g) Mr. Harry Hillard was present to request a variance for the property
on agenda) located at 34 NW 6th Avenue to allow a duplex to be constructed upon
a lot of insufficient frontage and square footage.
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 Cook, seconded by Commissioner Donly
to grant the variance to Mr. Harry Hillard for the property located
at 34 NW 6th Avenue.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
(Item g (h) Mr. Burnie Simmerman was present to request a variance for Mr. Dennis,
on agenda) Inc. for the property located at 137 South Federal Highway to the
allow the consumption of beer on the premises.
Mayor Bertino then declared the public hearing open, after hearing
several Dania residents speak in opposition of this variance request,
the Mayor declared the public hearing closed.
After further discussion, a motion was made by Commissioner Cook,
seconded by Commissioner Donly to deny the variance request to
allow the consumption of beer on the property at 137 South Federal
Highway know as the "Doggie Bag".
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
(i) City Attorney Adler read the title of the preliminary resolution set-
ting the millage and adopting the budget for the 1978-79 fiscal year.
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to approve the preliminary resolution setting the millage and adopting
the budget for the 1978-79 fiscal year.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
(2) Citizens' Comments:
Mrs. Blackwelder stepped forward to request that the Police Department
check into the problem of prostitution in the Southeast section.
Mr. and Mrs. Sam Moschella stepped forward to inquire about the need for a
new fire truck in the Fire Department. Mayor Bertino explained that this truck
is needed to service high rise apartments and condominiums as well as lower
level buildings.
(3) Mr. Joe Jutras was present to request a refund of money paid for
a special exception hearing.
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to grant a refund of money paid for a special exception hearing for
Mr. Joe Jutras. The motion passed by all .
(4) Mrs. Joan Fogarty stepped forward to request permission from the Commi-
sion to hold a backyard fair on the premises of the Seven-Eleven Store
on East Beach Boulevard.
City Manager Lassiter recommended that the Commission grant this request
due to the good work Mrs. Fogarty has done for Muscular Dystrophy. He
also added that this fair should be held as a bazzar type of affair and that
there be no rides or outside participants.
A motion was then made by Commissioner Donly, seconded by Commissioner
Cook to grant permission to Mrs. Fogarty to have a bazzar on the premises
Regular Meeting -3- August 8, 1978
of the Seven-Eleven Store on East Dania Beach Boulevard. The motion
passed by all .
S. Mayor Bertino read the resolution commending South Broward High School
Band for its outstanding achievement as a participant in the World
Olympics of Music.
A motion was made by Commissioner Cook, seconded by Commissioner Adams
to adopt the resolution commending the South Broward High School band
for its outstanding achievement in winning a gold medal as a participant
in the World Olympics of Music. The motion passed by all .
6. City Attorney Adler read the title of the resolution requesting funds from
the Local Comprehensive Planning Assistance Fund Program.
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
adopt the resolution requesting funds for the City of Dania from the Local
Comprehensive Planning Assistance Fund Program. The motion passed by all.
7. City Manager Lassiter requested authorization to have the City Engineers
to make a preliminary plan and cost estimate on water lines in the newly
annexed area.
A motion was made by Commissioner Adams, seconded by Commissioner Donly
to grant the request from City Manager Lassiter to have the City Engineers
make a preliminary plan and cost estimate for water lines in the newly
annexed area. The motion passed by all .
8. City Manager Lassiter requested permission to authorize City Engineers to pro-
ceed with a cost effective recommendation on infiltration into the Sewer
system.
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
grant this request. The motion passed by all .
9. A motion was made by Commissioner Donly, seconded by Commissioner Adams
to waive the plat requirements on the lot located on NE Second Street.
The motion passed by all .
10. City Attorney Adler read the title of the ordinance amending civil service
rules to allow competitive entrance and promotion exams for the Police Depart-
ment to be administered by the Broward County Police Academy in accordance
with the procedures of the Dania Civil Service rules and regulations.
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
adopt this ordinance on first reading.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
11. City Attorney Adler read the title of the resolution authorizing the City
Manager to proceed with drainage on NE Second Avenue and Second Place.
A motion was made by Commissioner Cook, seconded by Commissioner Donly
to adopt this resolution authorizing City Manager to proceed with drainage
on NE Second Avenue and Second Place. The motion passed unanimously.
12. City Manager Lassiter recommended to the Commission that they accept the
bid from L.0 Menefee for paving on S.E. Second Avenue in the amount of
$36,538.00.
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to award the bid for paving on SE Second Avenue to L.C. Menefee in the
amount of $36,538.00. The motion passed by all .
Regular meeting -4- August 8, 1978
13. City Manager Lassiter informed the Commission that he had been contacted
by the Firemen's Union and was informed that they have accepted the last
draft of the changes in the firemen's contract and that there would be no
need to appoint a labor negotiator at this time.
14. City Attorney Adler requested to have this item concerning clarification
of Ordinance No. 177 which amends Ordinance No. 100 rescheduled to the
next regular meeting, due to the Building Official having some changes
to make. The Commission agreed.
15. A motion was made by Commissioner Cook, seconded by Commissioner Donly
to grant the request from Florida League of Cities to advertise in the
convention issue of the Florida Municipal Record in the amount of $75.00.
The motion passed with Mayor Bertino voting no.
16. A motion was made by Commissioner Cook, seconded by Commissioner Donly to
designate Mayor Bertino as the voting delegate to the Florida League
of Cities' Annual Convention. The motion passed by all .
17. The Commission set Monday, August 14th at 8:00 p.m. for interviewing the
Auditors for the City of Dania.
18. A motion was made by Commissioner Donly, seconded by Commissioner Adams
to appoint Commissioner Cook as Liason Officer for the Save Our School
Committee. The motion passed unanimously.
19. A motion was made by Commissioner Adams, seconded by Commissioner Cook to
approve the bills for the month of July. The motion passed unanimously.
Commission Comments:
Mayor Bertino announced that he appointed Ruby Litensky to attend the
meeting at the Broward County Airport with the Enviremental Study
Committee.
Meeting adjourned.
Mayor-Commissioner
City Clerk-Auditor
Regular Meeting -5- August 8, 1978
Ell.
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AGENDA
REGULAR MEETING
DANIA CITY COMMISSION
AUGUST 8, 1978
8:00 P.M.
Invocation by Reverend Milton Jones.
Pledge of Allegiance.
Roll Call .
Approval of the minutes of the regular meeting of July 25, the workshop and
special meetings of July 20, and the special meeting of August 1.
1. Public Hearings:
a) Second reading of ordinance amending the Police and Fire Pension
Ordinance No. 132. -«
b) Second reading of ordinance approving the "Greyhound Rent-A-Car Plat. "
c) Special exception request by Greyhound Rent-A-Car for the property
located at 1734 North Federal Highway to allow an auto rental facility.
Subject property is located in a C-2 (commercial) and I-G (industrial) zone.
This item was continued from the regular meeting of July 25. The Zoning
Board at their meeting of August 1, recommended that the Commission approve
this request.
d) Special exception request by Host Rent-A-Car for the property located
at 2600 North Federal Highway to allow an auto rental facility. Subject prop-
erty is located in a C-2 (commercial ) and I-G (industrial) zone. This item
was continued from the regular meeting of July 25. The Zoning Board recom-
mended that the Commission approve this request.
e) Variance request by Mr. & Mrs. John Rule for the property located at
726 SW 5 Street to allow the use of adult congregate living in an RS-6000
'® (single family) zone. The Zoning Board recommended approval of this request.
f) Variance request by Harry Hillard for the property located at 34 NW
6 Avenue to allow a duplex to be constructed upon a lot of insufficient
frontage and square footage. Subject property is zoned RD-6000 (duplex).
The Zoning Board recommended approval of this request.
g) Variance request by Mr. Dennis, Inc. for the property located at 137
South Federal Highway to allow the consumption of beer on the premises.
Subject property is located within 1,000 feet of a church and is zoned C-2.
The Zoning Board recommended approval of this request.
h) Special exception request by George Patterson for the property located
at 2452 North Federal Highway to allow the use of an auto rental facility.
Subject property is located in a C-2 and I-G zone. The Zoning Board recom-
mended approval of this request.
i ) Adoption of preliminary resolution setting the millage and. adopting
e the budget for the 1978-79 fiscal year.
2. Citizens' Comments.
3. Request by Joe Jutras for refund of money paid for special exception hearing.
4. Request by Mrs. Joan Fogarty for Muscular Dystrophy fair at Seven-Eleven store
on East Beach Boulevard.
5. Resolution of commendation to the South Broward High School Band for its out-
standing achievement as a participant in the World Olympics of Music.
EXHIBIT: Resolution
6. Adoption of resolution requesting funds for the Local Comprehensive Planning
Assistance Program.
EXHIBIT: Resolution forthcoming.
r
7. Request authorization for City Engineer to make preliminary plan and cost
estimate on water lines in the newly annexed area.
8. Request permission to authorize City Engineer to proceed with cost effective
recommendation on infiltration into the sewer system.
9. Recommendation to wave plat requirements on lot located on NE Second Street,
legally described as commencing at the SW corner of the NW4 of Section 35-50-42;
thence run N 870 38' 02" East for 997.03' to the Permanent Reference Monument
at the SE corner of the Plat of Royal Palm Vista; thence run N 10 28' 90" West
for 60' to the Point of Beginning; from the POB continue N 10 28' 09" West for
71.06' ; thence run N 870 38' 02" East for 100' ; thence run S 10 28 90 East
for 106.06' ; thence run S 870 38' 02" West for 57.50' ; thence run N 10 28' 09"
West for 35' ; thence run S 870 38' 02" West for 42.50' to the POB.
10. First reading of ordinance amending civil service rules to allow competitive
entrance and promotion exams for the Police Department to be administered by the
Broward County Police Academy in accordance with the procedures of the Dania
Civil Service rules and regulations.
EXHIBIT: Ordinance forthcoming
11. Consideration of resolution authorizing City Manager to proceed with drainage
on NE Second Avenue and Second Place.
EXHIBIT: Resolution forthcoming
12. Recommendation from City Manager on awarding of bids for SE Second Avenue paving.
i 13. Appointment of labor negotiator for the Firemen's Contract.
14. Clarification of Ordinance No. 177 which amends Ordinance No. 100.
Request by City Attorney
® 15. Request from Florida League of Cities to advertise in the convention issue of
the Florida Municipal Record. This item was tabled from the regular meeting of
July 25.
16. Designation of voting delegate to the Florida League of Cities' Annual Convention.
® 17. Setting date for interviewing auditors.
18. Appointment of Commissioner Cook as laison officer for the Save Our School
Committee.
19. Approval of bills for the month of July.
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® August 8, 1978
City Commission Agenda -2-