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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 F Grant Committee. The motion passed unanimously. ..s 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. yiY {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 x 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: r 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. 1 / Mayor Commissioner City Clerk - Auditor Regular Meeting -6- April 26, 1977 i 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. � • Yi�C 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. ,.' 1E1. Request to hold an auction at Murray Van and Storage, 701 N. Federal Highway. Thursday, May 5th at 10:00 A.M. 4 4 4 4 City Commission -2- April 26, 1977 4