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IN
MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
MAY 23, 1978
Invocation by Reverend Faircloth of Dania First Baptist Church.
Pledge of Allegiance
Roll Call :
Present:
Mayor: John Bertino
Vice Mayor: James Adams
Commissioners: Jean Cook
Robert Donly
City Manager: John-S. Lassiter, Sr.
City Attorney: Frank Adler
Police Chief: Rudy Rigo
Building Official : Paul Maxwell
Zoning Consultant: Luther Sparkman
Absent:
Commissioner: Howard Hirsch
City Clerk: Wanda Mullikin (vacation)
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to excuse Commissioner Hirsch from this meeting. The motion passed
unanimously.
A motion was made by Commissioner Cook, seconded by Commissioner Donly
to approve the minutes of the regular meeting of May 9th, 1978. The
motion passed uanimously.
City Manager Lassiter announced that Summer Clean-up Week will begin
June 5th and for residents to please put everything they want picked
up out during that week.
Public Hearing:
1. City Attorney Adler read the title of the ordinance approving Griffin
Commercial Plat.
Mayor Bertino then declared the public hearing open, after hearing from
Building Official Maxwell who informed the Commission that the City
Engineers suggested a 15' utility easement on the southside, Mayor
Bertino then declared the public hearing closed.
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
approve on second reading this ordinance approving Griffin Commercial Plat
with the addition of a 15' utility easement on the southside.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
2. City Attorney Adler read for first reading the ordinance revising the 1977-78
Water Fund Budget.
Mayor Bertino then declared the public hearing open, hearing no one speak in
favor or opposition, the Mayor then closed the public hearing.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
approve on first reading the ordinance revising the 1977-78 Water Fund
Budget.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
Regular Meeting -1- May 23, 1978
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3. City Attorney Adler read the title of the ordinance revising the 1977-78
Sewer Fund Budget for first reading.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition of this ordinance, the Mayor then declared the
public hearing closed. it
A motion was made by Commissioner Cook, seconded by Commissioner Donly to
USadopt on first reading the ordinance revising the 1977-78 Sewer Fund
Budget.
The motion passed on the following roll call vote:
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Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes 1t`
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4. City Attorney Adler read for first reading the title of the ordinance
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kz_ revising the 1977-78 General Fund Budget.
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Mayor Bertino then declared the public hearing open, hearing no one speak
"w = in favor or opposition of this ordinance, the Mayor then declared the public
hearing closed.
A motion was made by Commissioner Adams, seconded by Commissioner Cook to
adopt on first reading this ordinance revising the 1977-78 General Fund
Budget.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
5. City Attorney Adler read for first reading the title of the ordinance re-
vising the 1977-78 Revenue Sharing Fund Budget.
Mayor Bertino opened the public hearing, after hearing no one speak in favor
or opposition of this ordinance, the Mayor then declared the public hearing
closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
adopt on first reading the ordinance revising the 1977-78 Revenue Sharing
Fund Budget.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
6. City Attorney Adler read the title of the ordinance approving the plat of
Dania Highlands. He explained that this plat was formerly approved on
September 16th, 1975, but there had been no ordinance prepared.
Mayor Bertino then declared the public hearing open, hearing no one speak in
favor or opposition of this plat approval , the Mayor declared the public
hearing closed.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
adopt on first reading the ordinance ratifying and affirming the approval
of the Plat of Dania Highlands.
The motion passed on the following roll call vote:
Commissioner Adams-,yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
( Item =20 7. City Attorney Adler informed the Commission that the City can legally approve
on agenda) an ordinance on first reading before advertising it, and then have it adver-
tised seven days prior to the second and final reading. Mr. Adler then
requested to present four ordinances on first reading.
The Commission agreed to hear the following ordinances on first reading:
City Attorney Adler read the title of the ordinance granting the Florida
Power & Light Company a franchise for a period of 30 years.
Regular Meeting -2- May 23, 1978
Mayor Bertino then declared the public hearing open, after hearing Russ
Demarais from Florida Power & Light explain the advantages to this fran-
chise agreement, the Mayor declared the public hearing closed.
A motion was then made by Commissioner Donly, seconded by Commissioner
Cook to adopt on first reading the ordinance creating a new franchise
agreement with Florida Power & Light Company.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
City Attorney Adler read the title of the ordinance amending Article 4,
Part XII, of the City Charter concerning the subject of leases.
Mayor Bertino then declared the public hearing open, after hearing Clarke
Malden speak in favor of adopting this ordinance, the Mayor then declared
the public hearing closed.
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
adopt this ordinance on first reading approving the Charter change for
leases.
Commissioner Donly amended the motion, seconded by Commissioner Cook-to make
a change on page 5 by taking out the sum of $250,000 and by stating that
the Lessee agrees to make a substantial capital investment, and to adopt
this ordinance on first reading.
The motion passed as amended on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
City Attorney Adler read for first reading the title of the ordinance
amending Ordinance #132 concerning the pension plan for Police & Firemen.
Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition of this ordinance, the Mayor then declared the
public hearing closed.
City Manager Lassiter added that this ordinance was recommended for adop-
tion by the Pension Board.
A motion was then made by Commissioner Cook, seconded by Commissioner
Donly to adopt this ordinance on first reading amending Ordinance #132
concerning the pension plan for Police & Firemen.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
City Attorney Adler then read the title of the ordinance concerning parades
in the City of Dania. Mr. Adler informed the audience that a copy of this
ordinance or any ordinance may be obtained from the office of the City Clerk.
Mayor Bertino then declared the public hearing open, after hearing from Mr.
Ken Hall who spoke in opposition of this ordinance, the Mayor then declared
the public hearing closed.
A motion was made by Commissioner Adams, seconded by Commissioner Donly to
adopt on first reading this ordinance concerning parade permits in the City
of Dania.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
Regular Meeting -3- May 23, 1978
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( Item 8. City Attorney Adler read the title of the ordinance amending Article 4 of
f7 on Ordinance No. 100 entitled "District Regulations" by establishing new
;= agenda) Commercial district classifications to be known as C-1, C-2, C-3, C-4 and
I-G.
s Mayor Bertino then declared the public hearing open, hearing no one speak
in favor or opposition, the Mayor then declared the public hearing closed.
A motion was made by Commissioner Cook, seconded by Commissioner Adams to
"= adopt on first reading this ordinance designating C-1, C-2, C-3, C-4 and
I-G zoning classifications.
Commissioner Donly then requested to review the ordinance throughout for
changes in grammar.
'` ••" The motion was amended by Commissioner Donly, seconded by Commissioner Adams
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by deleting (Vehicle Service Establishments (enclosed only) from PERMITTED
` ? USES to SPECIAL EXCEPTION USES in the C-3 District, Page 5 in the Ordinance.
The motion passed as amended on the following roll call vote:
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a ' Commissioner Adams-yes Commissioner Donly-yes
_ Commissioner Cook-yes Mayor Bertino-yes
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„A, ( Item 9. City Attorney Adler read the title of the ordinance approving the plat of
4i6 on Port Everglades Warehouse #5 for first reading.
' agenda)
Mayor Bertino then declared the public hearing open, after hearing Build-
ing Official Maxwell recommend that a 30' road dedication on the South-
side be dedicated before approval of this plat, Mayor Bertino then declared
the public hearing closed.
After further discussion a motion was made by Commissioner Donly, seconded
by Commissioner Adams to approve on first reading the plat of Port Ever-
glades Warehouse #5 with a 30' road dedication on the Southside.
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-yes Mayor Bertino-yes
(Item 10. City Attorney Adler read the title of the resolution declaring the lot on
#9 on N. E. 2nd. Street surplus property.
agenda)
After further discussion a motion was made by Commissioner Donly, seconded
by Commissioner Cook to adopt this resolution by inserting the minimum
bid price as $12,500 and that the funds be deposited in the General Fund.
The motion passed unanimously.
The Commission then set the date for the bids to be opened on July llth, 1978
Regular Meeting.
(Item 11. City Manager Lassiter informed the Commissioner that he had reviewed the
410 on bids received on leasing the Dania Beach Grill . He explained that with-
agenda) out negotiations with the bidders, he would be unable to make a recommenda-
tion. He continued to say that if you look at it on a dollar and cents
basis, Alternate #2 from Atlantic Concessions at this moment would be the
best bid.
Attorney A.J. Ryan Representing the Dania Beach Grill , Inc. and Attorney Chase
Adams representing Atlantic Concessions were present to submit their presentations
on leasing the Dania Beach Grill .
Regular Meeting -4- May 23, 1978
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After further discussion a motion was made by Commissioner Donly, seconded
by Commissioner Adams to accept the initial proposal from Atlantic Concessions
and to instruct City Manager Lassiter to enter into negotiations with them
on leasing the Beach Grill .
The motion passed on the following roll call vote:
Commissioner Adams-yes Commissioner Donly-yes
Commissioner Cook-no
Mayor Bertino-yes
(Item #11 12. Citizen's Comments:
TX on agenda)
Mr. Ken Hall stepped forward to express his grievances concerning construction
,K and repairs to Modello Park, redistricting, the firing of weapon by Officer
Ferebee, and the hiring of more black employees for the City of Dania.
Mayor Bertino briefly reviewed with Mr. Hall each situation and explained
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what has been done and what will be done for these grievances.
t- Mr. Blanton Mitchell was present to request a refund on an Impact Fee.
City Attorney Adler recommended that this Impact Fee be refunded and suggested
that it be placed on the next regular meeting's agenda for action to be taken.
The Commission agreed.
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`1 ( Item Y12 13. Ms. Sheila Johns from the Broward Center for the Blind was present to request
on agenda) a donation of $500.
The Commission praised the work that has been accomplished by the Broward
Center for the Blind, but explained that the City of Dania would be unable
to donate any funds.
Ms. Johns then informed the Commission that the Center is in need of a
4 building to become a lighthouse for Broward County, and requested that
the City contact them if at any time a building might become available.
(Item 413 14. Mrs. Dorothy Munoz 303 SW 2nd. Avenue stepped forward to complain about
on agenda) her high water-sewer bills.
Mayor Bertino explained that the City must charge these sewer rates in order
to pay off sewer bonds.
The Commission suggested that Mrs. Munoz speak to the City Manager concern-
ing the payment of her bill .
(Item -,14 15. The Commission discussed a proposal from Anthony Romano for a final audit
on agenda) of the LPW Grant No. 04100576.
A motion was made by Commissioner Donly, seconded by Commissioner Adams to
contract with Anthony Romano in preparing an audit of the LPW Grant No.
04100576.
Commissioner Cook questioned why Mr. Joseph Spina who has been preparing
the audit for the city in the past years, has not been contacted.
After further discussion, Commissioner Donly withdrew his motion, seconded by
Commissioner Cook to notify other CPA firms including the firm of Joseph
Spina for this audit, to receive proposals, and make a decision at the
next regular meeting of June 13th, 1978. The motion passed unanimously.
(Item =15 16. A representative from the Sunshine CB Club, Inc. requested a permit and
on agenda) letter of approval to hold a jamboree at Dania Jai Alai on July 1st and
2nd.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
grant the request to hold a jamboree at Dania Jai Alai with the approval
of the Building Official and for a letter to be prepared for authorization
to be presented to Dania Jai Alai , The motion passed unanimously.
Regular Meeting -5- May 23, 1978
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( Item 17. Mayor Bertino explained that he has had the Area Agency on Aging recalcu-
#16 on late their figure for the City of Dania's Fair Share Contribution.
agenda)
A motion was made by Commissioner Donly, seconded by Commissioner Adams to
make a contibution of $1,607.00 to the Area Agency on Aging for the City
of Dania's Fair Share contribution for 1979. The motion passed unanimously..
( Item 18. The Commission discussed a letter received from Floyd V.Hull , Jr. from
#17 on the World Series Committee requesting a donation.
agenda)
Commissioner Donly made a motion to table this item. The motion died for
lack of a second.
Commissioner Adams made a motion, seconded by Commissioner Cook to make
a donation of $200 to the Little League World Series.
The motion failed on the following roll. call vote:
Commissioner Adams-yes Commissioner Donly-no
Commissioner Cook-yes Mayor Bertino-no
(Item 19. Mayor Bertino requested that City Attorney Adler research the City having
t118 on separate voting districts.
agenda)
Veta Mae Peterman stepped forward to reject redistricting for the City of
Dania.
A motion was then made by Commissioner Adams, seconded by Commissioner Donly
to leave the voting.districts as they are in the City of Dania. The motion
passed unanimously.
(Item 20. Mayor Bertino commented on the donation the Dania Garden Club has made for
#19 on trees in the cemetery and to commend them for their good work.
agenda)
21. Advertisement of Charter changes:
Discussion of this item was covered in Item V.
22. Mayor Bertino informed the Commission that a letter from Mr. Ted Baldyga
from Stutsman Associates has been received requesting to be appointed as
a Broward County Comprehensive Planning Technical Advisory Committee
Alternate for the City of Dania.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
appoint Mr. Baldyga as alternate delegate to the Broward County Comprehensive
Planning Technical Advisory Committee. The motion passed unanimously.
Commission Comments:
Mayor Bertino read a proclamation declaring the Week of May 22nd to May 29th,
1978 as "Poppy Week" in the City of Dania.
City Manager Lassiter requested an executive meeting to discuss labor negotia-
tions.
The Commission then set a meeting tentatively for Tuesday, May 30th at
4:00 P.M.
City Attorney Adler informed the Commission that he will have to be a witness
in a suit against the City by ex-Sgt. Venezio and that he would be unable
to defend this case. He recommended that the City appoint A.J. Ryan to
defend the City in this case.
A motion was made by Commissioner Donly, seconded by Commissioner Cook to
declare this item an emergency due to having to obtain other council for
this case. The motion passed unanimously.
A motion was then made by Commissioner Donly, seconded by Commissioner Cook
to accept the recommendation of the City Attorney and appoint A.J. Ryan,Jr
to represent the City in this case. The motion passed unanimously.
Regular Meeting -6- May 23, 1978
4
A motion was made by Commissioner Donly, seconded by Commissioner Cook
to adjourn this meeting. The motion passed unanimously.
Mayor-Commissioner
City Clerk-Auditor
Regular Meeting -7- May 23, 1978
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AGENDA
REGULAR MEETING
DANIA CITY COMMISSION
MAY 23, 1978
8:00 P.M.
Invocation by Reverend Faircloth of Dania First Baptist Church.
Pledge of Allegiance.
Roll Call .
Approval of the minutes from the regular meeting of May 9th.
ANNOUNCEMENT: Summer clean-up week will begin on June 5th.
PUBLIC HEARINGS (copies of ordinances already distributed)
1. Second reading of the ordinance approving Griffin Commercial Plat.
2. First reading of the ordinance revising the 1977-78 Water Fund Budget.
3. First reading of the ordinance revising the 1977-78 Sewer Fund Budget.
4. First reading of the ordinance revising the 1977-78 General Fund Budget.
5. First reading of the ordinance revising the 1977-78 Revenue Sharing Fund Budget.
6. First reading of the ordinance ratifying and affirming the approval of the
plat of Dania Highlands.
7. First reading of the ordinance amending Article 4 of Ordinance 100 entitled
District Regulations by establishing new commercial district classifications
to be known as C-1, C-2, C-3, C-4 and I-G.
8. First reading of the ordinance approving Port Everglades Warehouses Plat No. 5.
The Zoning Board at their meeting of May 2nd recommended that the Commission
approve this request provided that 30' to the south of the property will be
acquired for right-of-way if necessary for the extension of 36th Street.
9. Resolution declaring lot on Northeast 2nd Street surplus property.
EXHIBIT: Resolution forthcoming.
10. Beach Grill Proposals.
11. Citizens ' comments .
12. Broward Center for the Blind request for donation of $500.
APPEARANCE: Representative
EXHIBIT: Letter from Dr. Quint
.'O 13. Request to speak to Commission in regards to water-sewer bill .
APPEARANCE: Mrs. Dorothy Munoz
EXHIBIT: Letter from Mrs. Munoz
14. Proposal for final audit of LPW Grant No. 04100576.
EXHIBIT: Proposal from Anthony Romano, C.P.A.
15. Sunshine C.B. Club, Inc. request to hold Jamboree.
EXHIBIT: Letter from President
16. Area Agency on Aging's Fair Share Plan, continued from May 9th meeting.
17. Little League World Series ' request for donation.
• EXHIBIT: Letter from Floyd Hull
18. Discussion of separate voting districts in City. Mayor
19. Acknowledgement of donation of Dania Garden Club for trees in cemetery.
4,'.
S, tip
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ADDENDUM
REGUITF RING
® DANIA CITY COMMISSION
MAY 23, 1978
20. Comments from the City Attorney on 1st reading of ordinances .
A 21. Advertisement of charter changes.
22. Appointment of alternate delegate to the Broward County Comprehensive
Planning Technical Advisory Committee.
EXHIBIT: Letter from Stutsman Associates
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