HomeMy WebLinkAbout30649 - MINUTES - City Commission MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
APRIL 26, 1977
Invocation by Wanda Mullikin, City Clerk.
Pledge of Allegiance.
Roll Call:
Present:
Mayor: John Bertino
Vice Mayor: James Adams
Commissioners: Jean Cook .
Robert Donly
Howard Hirsch
Ci;:y Manager: John S . Lassiter, Sr.
City Clerk: Wanda Mullikin
City Attorney: Frank Adler
Police Chief: Fred Willis
Building Official: Thomas E. Littrell
`_'oning Consultant: Luther Sparkman
Citizen 's Comments
Mr . Kurt Ely announced that the Chamber of Commerce would be
meeting on May 2nd, 1977 at 5:00 p.m. to discuss their views
on the trafficways plans and invited the commission to attend.
Business
1 . A motion was made by Commissioner Donly, seconded by Commissioner
Hirsch to approve the minutes of the workshop meeting of March 21,
the regular meeting of April 12 and the special meeting of April 13.
The motion passed unanimously.
2 . Mr. J. T. Stuart of Stuart's Garage and Charles McFlyea of Mac 's
Towing were present to discuss the encroachment of the fence on
public property at 2015 No. Federal Hwy. and asked why nothing
had been done about correcting the situation. After discussion
the commission on a motion by Commissioner Donly, seconded by
Commissioner Adams authorized the city attorney to take whatever
legal action necessary to have this fence as well as any other
object in the right of way removed. The motion passed unanimously.
3 . Mr . Ron Dade representing Andre Consultants appeared before the
commission to request approval to hold 10 summer concerts at
Dania Jai Alai . The first would be held June 15, 1977.
Regular Meeting -1— April 26, 1977
Commissioner Adams made a motion, seconded by Commissioner Hirsch
to grant this request. The motion passed unanimously.
4 . Mr. Frank Clemmens , consulting engineer, presented a proposal
on behalf of Broward Linen on sewer rates for large waste-water
users for the commission 's consideration. The manager of Broward
Linen expressed to the commission that if they did not receive
some relief from the rate now in effect it would not be economically
feasible to operate in the city of Dania. On a motion by Commissioner
Donly, seconded by Commissioner Adams the commission voted unanimously
to refer this to the city administration for a recommendation at
the next regular meeting of May 10, 1977 .
5 . Ruby Madden , Chairman of the Airport Liason Committe reported on,
the committee 's objections to the new proposed Air Terminal Complex
and the noise it will create to surrounding residential areas .
Commissioner Donly made a motion, seconded by Commissioner Hirsch
to have the city attorney compose a letter reflecting these objections .
The motion passed unanimously.
6 . City Manager Lassiter presented a report frog the city engineers
on the status of the needed repairs at the fishing pier.
Commissioner Donly made a motion, seconded by Commissioner Cook
to authorize the city manager to advertise for bids on the
sleepers and planks upon the completion of the bid specs by the
engineer . The motion passed unanimously.
7 . Attorney Glenn Smith representing Mr. Sam Moschella on the
de-annexation of the Moschella property expressed his opinion as
to the validity of the original annexation of this property.
City Attorney Adler stated that he would have a full report from
former city attorney Walden within the next couple of days and
will call Attorney Smith as soon as he receives and reviews this .
This matter to be brought back to the commission for final decision
on May 10, 1977 , regular meeting.
Commissioner Hirsch made a motion, seconded by Commissioner
Donly to have the City Attorney proceed with this . The motion
passed unanimously.
8 . The company who had submitted a proposal on the Ocean Protein
Building and had asked for a two week extension from the April 12,
1977 meeting did not appear to present his proposal, therefore,
Commissioner Donly made a motion, seconded by Commissioner Hirsch
to reject all bids submitted. The motion passed unanimously.
Commissioner Donly then made a motion, seconded by Commissioner
Hirsch to authorize the City Manager to re-advertise for proposals
to be accepted through June 1, 1977 . The motion passed unanimously.
Sessa Property Southeast 7th St. , Sewer Assessment
9 . City Attorney Adler stated that since a verbal agreement had been
made between former City Attorney Hampton and Mr. Sessa concerning
this assessment)he, Mr. Adler, had contacted Mr. Hampton and re-
ceived confirmation of this . City Attorney Adler suggested that an
agreement be drawn up between the city and Mr. Sessa waiving the
assessment on sewers to be installed in the alley between Southeast
7th St . and Southeast 6th St. East of Southeast 3rd Avenue as long
as the property involved remains under one ownership.
Commissioner Donly made a motion, seconded by Commissioner Adams
Regular Meeting -2- April 26, 1977
to table this item until the agreement is drawn up and presented
back to the commission at the May 10, 1977 meeting. The motion
passed with Commissioner Hirsch voting no.
Manpower Agreement:
].0 . At-ter discussion and an objection from Mayor Bertino as to the
responsibility of the city to hire a trainee at the end of the
training period, a motion was made by Commissioner Cook, seconded
by Commissioner Donly to accept the agreement for signing. The
motion passed with Mayor Bertino voting no.
11 . A) City Manager Lassiter expressed the need for an ordinance re-
stricting the number of towing services on the city rotation list
due to the fact that it was getting out of hand. After discussion
the commission decided to have the city attorney look into the
legality of restricting these services and report back to them.
B) City Attorney presented a resolution amending resolution #210
concerning parking fees at Dania Beach. Citizens of the city
of Dania to purchase annual stickers for $2.00; non citizens age
62 or over to obtain stickers for a fee of $15 .00 annually and
issuing disabled veterans an annual sticker free of charge. A
motion was made by Commissioner Hirsch, seconded by Commissioner
Donly to amend this resolution to include collection of sales tax.
The motion passed unanimously.
Commissioner Hirsch then made a motion to adopt this resolution
as amended, the motion was seconded by Commissioner Donly and
passed unanimously.
C) The amendment to ordinance #100 Section 5 .34 Article 2 Section
II was put on the agenda in error. This was to be referred to the
Planning and Zoning Board for their recommendation, therefore,
Commissioner Hirsch made a motion, seconded by Commissioner Donly
to refer this back to the Planning and Zoning Board for their
recommendation. The motion passed unanimously.
D) City Attorney Adler read the title of an ordinance appointing
the Planning and Zoning Board as the City's Land Use Planning
Agency. Commissioner Donly made a motion, seconded by Commissioner
Hirsch to adopt this ordinance on 1st reading. The motion passed
on the following roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - No
Conlissioner Donly - Yes
) City Manager Lassiter requested that the commission consider
an ordinance restricting the sale of food and beverage on Dania
Beach except by leaseholders . Mr. Lassiter expressed the need
for this due to the fact that the leaseholder has the right to
control the sale of food and beverage on the beach. Yet when
a license is issued to a vendor from the city no restriction exists,
therefore making the city liable either way. On a motion by
Commissioner Donly, seconded by Commissioner Cook the commission
tabled this item until such time that the city attorney checks into
a legal solution
Regular Meeting -3- April 26, 1977
- 12 . A) Commissioner Donly made a motion, seconded by Commissioner
Cook to appoint Mr. Kurt Ely as Chairman, protem, to the Block
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Grant Committee. The motion passed unanimously.
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Commissioner Cook made a motion, seconded by Commissioner
Hirsch to appoint Mr. Alfonso Taylor to this committee . TLe f
motion passed unanimously.
Commissioner Hirsch made a motion, seconded by Commissioner
Adams to appoint Mr. Murray Goodman to this committee. The `ro°
-14 motion passed unanimously. s
Commissioner Donly. made a motion, seconded by Commissioner Cook
to appoint Mayor Bertino to this Committee. The motion passed
unanimously.
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{fibs B) Commissioner Adams made a motion, seconded by Commissioner
Donly to appoint Mr. Gus Brice to the Citizen 's Advisory Committee .
for Water Study. The motion passed unanimously.
C) On a motion by Commissioner Cook, seconded by Commissioner
'k Donly the comr: voted unanimously to appoint Veta Mae Peterson to the
Human Relations Board. MAn
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z_ D) City Manager Lass-iter stated that there was a need for a
' Civil Service election and that the Commission appoint a member
to the board. on a motion by Commissioner Hirsch, seconded by
Commissioner Donly, City Manager Lassiter was instructed to pre-
pare a procedure breakdown and submit to the commission. The
motion passed unanimously.
13 . Due to the fact that all the material was not available on the
Boat Wash Machine at Houston Park Boat Ramp, Coi-nissioner Donly
made a motion, seconded by Commissioner Hirsch to table this
item. The motion passed unanimously.
14 . City Manager expressed the need for the city to recodify the
charter and ordinances and presented proposal from Municipal
Code Corporation. The commission felt that they would like to
have the representative from Municipal Code appear at a Workshop
Meeting for questions concerning this . City Manager Lassiter
was instructed to arrange this .
Addendum
15 . Attorney Wilson Atkinson representing Herbert and Helen Marant
requested that the city grant an easement on property located
at 128 S W 3rd Avenue. Mr. Atkinson expressed that when this
property was recently put on the market for sale a survey revealed
that there was an encroachment of approximately 1" on city property.
Commissioner Cook made a motion, seconded by Commissioner Hirsch
to have the city attorney prepare an easement granting this request
for the life of the building at a compensation of $50.00 based on
$1 .00 per year. The motion passed unanimously.
16 . City Manager opened and read the following bids on tree trimming
and removal:
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Regular Meeting -4- April 26, 1977
1. Share - A - Like, Inc .
513 So . 21 Ave .
I-Iollywood , Fla . 33020
(Bids Attached)
2. Richard Tree Trimming
8761 S . Crescent Drive
Miramar , Fla . 33025
Commissioner Donly,made a motion, seconded by Commissioner Hirsch
to turn the bids over to the city manager for tabulation and recommend-
ation at the May 10, 1977 meeting. The motion passed unanimously.
17 . Assistant City Manager Dick Marant reported that new price
quotations will be submitted to the commission from Southern
Bell in reference to a phone system in the new city hall. Commissioner
Cook made a motion to table this tem until the next meeting. The
motion was seconded by Commissioner Hirsch and passed unanimously.
18. Commissioner Donly made a motion, seconded by Commissioner Adams
to grant the request from Murray Van and Storage at 1701 North
Federal Highway to hold :-in auction on Thursday, May 5th, 1977 at
10:00 A.M. The -motion passed unanimously.
19 . Emergency Item
City Attorney Adler read the resolution confirming the appoint-
ments made on March 22 , 1977 ' of Wanda 'Bullikin as City Clerk,
John S . Lassiter, Sr. as City Manager, Frank Adler as City
r Attorney and Clayton Wilkes as City Prosecutor. Commissioner
Adams made a motion, seconded by Commissioner Hirsch to adopt
this resolution. The motion carried with Commissioner Cook changing
her vote cast on March 22, 1977 to yes on the City Manager and
City Clerk's appointment, due to the fact that she felt she needed
time to evaluate them and has had an opportunity over the passed
two months to do this .
20 . Commissioner Donly made a motion, seconded by Commissioner Adams
to declare as an emergency the extension of the garbage contract
for 30 more days or on the signing of the new contract. The motion
passed unanimously.
Comments
City Manager read a letter from the P.B.A . stating that they were
ready to begin negotiations on the 76/77 Police Contract. City
Manager Lassiter suggested that the city retain a negotiator. The
City Commission instructed City Manager Lassiter to meet Mr.
Murray Goodman and work up a fee to present back to the commission.
Commissioner Hirsch requested that he would like a .special meeting
to act on certain areas of the new zoning ordinance #100. After '
discussion it was decided that it would be better since the citizens
are more or less oriented to regular meeting held on the 2nd and
4th Tuesday of each month to have this item put on the May loth
regular meeting.
Meeting Adjourned
Regular Meeting -5- April 26, 1977
Ito.
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/ Mayor Commissioner
City Clerk - Auditor
Regular Meeting -6- April 26, 1977
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AGENDA
REGULAR MEETING
DANIA CITY COMMISSION
APRIL 26, 1977
8:00 P.M.
Invocation by Dick Marant, Assistant City Manager.
Pledge of Allegiance.
Roll Call .
13U SINESS
1 . APPROVAL OF MINUTES
Approval of the minutes from the workshop meeting of March 21st; the
regular i meeting of April 12th and the special meeting of April 13th.
2. Aft6rney Clarke~dalden for Mr. McElyea and Mr. Stuart to discuss encroach-
ment of the fence on public property at 2015 North Federal Highway.
APPEARANCE: Clarke Walden
Andrea Consultants request Commission approval for summer shows at Jai Alai.
APPEARANCE: Larry Andrea 8 Ron Dade.
4. Broward Linen to discuss large user sewer rate.
5. Airport Liason Committee Report.
APPEARANCE: Ruby Madden, Chairperson.
6. City Engineer's report on bidding procedure for maintenance of fishing pier
and submitting of bid specs.
7. City Attorney to discuss the deannexation of the Moschella property.
8. Recommendation of Ocean Protein Building proposals.
9. City Attorney to advise Commission on legality of Sessa Property.
10. Agreement from Broward Manpower Council to receive funds for employee's
salary and benefits.
EXHIBIT: Agreement.
11 . ORDINANCES
a) Discussion and possible adoption of ordinance declaring a limit of
i _ .sily on number of towing services on the City rotation list.
b) Amendment to Beach Ordinance 141 .
c) Amendment of Ordinance 100, Sec. 5.34, Art. 2, Sec. II
d) Ordinance appointing Planning and Zoning Board as City's Comprehensive
Land Use Planning Agency.
e) Ordinance prohibiting sale of food and beverages on Dania Beach except
by lease holders.
17. APPOIiJT4ENTS
,) Consideration of appointment of Kurt Ely as protem to Block Grant Committee.
b) Second appointment to Citizen Advisory Committee for water study.
c) Appointment to Human Relations Board.
d) Appointment and election of Civil Service Board.
Ij. City l,Ianager's recommendation on the boat wash machine.
14. Discussion and codification of Charter and Ordinances.
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ADDENDUM
I5. Request easement for property located at 128 Southwest 3rd Avenue.
APPEARANCE: Mr. Wilson C. Atkinson, Attorney.
10. Receipt of bids for cutting, trimming and removal of trees in the
City; private or public property.
1 /. Discussion and recommendation of new telephone system for City of Dania.
APPEARANCE: Tom Holloway, Southern Bell Telephone.
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1E1. Request to hold an auction at Murray Van and Storage, 701 N. Federal Highway.
Thursday, May 5th at 10:00 A.M.
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City Commission -2- April 26, 1977
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