HomeMy WebLinkAbout30658 - MINUTES - City Commission r
MINUTES
REGULAR MEETING
DANIA CITY COMMISSION
MARCIi 22, 1977
Invocation by Rev. Van Arsdale of the Dania Heights Baptid: Church
Pledge of Allegiance
Roll Call
Present:
Mayor: John Bertino
Vice Mayor: James Adams
Commissioners: Jean Cook
Robert Donly
Howard Hirsch
City Manager: John S . Lassiter, Sr.
City Attorney: Jack Milbery
City Clerk: Wanda Mullikin
Police Chief: Fred Willis
Zoning Consultant: Luther Sparkman
Absent:
Building Official: Tom Littrell
1. Business
A motion was made by Commissioner Donly, seconded by Commissioner
Adams to approve the minutes of the Special Meeting of March 15.
The motion was carried unanimously.
2 . Citizen 's Comments
Attorney Clarke Walden representing Moulton & Schudel who
operate the Dania Fishing Pier, presented a proposed ordinance
in settlement of the law suit pending between the City of
Dania and the Fishing Pier.
Mayor Bertino stated that he would have City Attorney Milbery
review the ordinance and then he, Clarke Walden, could get
together with the city attorney and the city manager to start
negotiations of the parking at Dania Beach.
Mr . & Mrs . Sam Moschella were present. Mrs. Moschella read a
letter to the commission in protest of their Griffin Road
property which was annexed into the City of Dania in 1973.
Mayor Bertino stated that it was in the legal department and
Mr. Milbery, city attorney, stated thathe has been working with
the Moschella 's attorney and that he, Mr. Milbery, had explained
to their attorney that a de-annexation procedure must be done.
1.) A study must be prepared relating the Moschella property
in relation to the city boundaries, Broome & Farina were directed
to prepare a description and 2) the commission directed that
a de-annexation study be done under the state statutes, once
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•'I! these two requirements have been met the de-annexation ordinance
will be drawn up _ according to that study and a legal description and
then presented to the commission for their action.
Mayor Bertino stated that as soon as the studies are completed
and the ordinance is drawn up that they, Mr. & Mrs . Moschella,
'p would be notified of de-annexation procedures .
Mr. Michael Jones , Businessman City of Dania, suggested that
- act-ion be taken on the amount of time that it takes the city
f to issue a business license to a new business applicant and
also that steps be taken to improve morale in the City Services
' Department, and in the reception given to prospective business-
men applying for licenses .
Mayor Bertino stated that the new commission is going to be
xK very diligent in evaluating the city employees and also
that great consideration is going to be taken by the Chamber
of Commerce to entice new business into the City of Dania.
Mayor Bertino presented to former Mayor Robert Duncanson a
p Placque from the citizens of the City of Dania for his past
two years of faithful service as mayor.
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3 . Mr. James Stephens Director of Social Services , City of Dania,
(item 15 made a presentation to Police Chief Willis for the concern
on agenda) given to the Social Service Department from the Police Department
and also for dedication to the underpriviliged citizens of Dania
and the children in the city.
Mayor Bertino agreed that the Police Department had been very
helpful in taking the children on camping trips .
4 . A) A motion was made by Commissioner Donly, seconded by
(item 5 A Commissioner Cook to close bidding on City Hall construction
on agenda) and open the bids received.
City Manager Lassiter read aloud the bids received:
Contractor Base Bid Alt. #1 Alt. #2 Alt. #3
Collins & Baumann $446,000 $103,000 $20,000 $10,000
East Bay Const. 468,800 88,000 8,000 10,518
Garden Commercial 424, 581 94,000 10,000 10,500
H. T. Jones 429,495 103,586 1,325 10,167
James B. Pirtle 425, 044 99,451 25,000 11,500
A motion was made by Commissioner Donly, seconded by Commissioner
Cook to turn over to the City Manager, Architect and Coordinator
of the Project these bids for their recommendations. The motion
was carried unanimously.
Regular Meeting -2- March 22, 1977
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A special meeting was scheduled for Monday, March 28, 1977 at
4 :00 P.M. to accept the lowest and best bid.
B) A motion was made by Commissioner Cook, seconded by Commissioner
( item 5B Hirsch to close bidding and open bids received for miscellaneous
on agenda) fire equipment. Motion was carried by all.
In order to save time the mayor continued with the agenda until
the City Manager had opened the bids and had them ready to present.
After Item 4 on the agenda City Manager Lassiter read the bids
(see attached tabulation) .
A motion was made by Commissioner Donly, seconded by Commissioner
Adams to refer bids received on miscellaneous fire equipment to
City Manager and Fire Chief for recommendations . Motion was
carried unanimously.
5 . A motion was made by Commissioner Cook, seconded by Commissioner
(item 3 Donly to retain Spina & Romanoas the auditors for the City of
on agenda) Dania for the 76/77 Fiscal Year. The motion was carried un-
animously.
6 . City Manager Lassiter opened the discussion on the sewer line on
(item 4 S E 7th St. and explained that when the sewers on S E 7th St.
on agenda) were installed, they should have been placed in the alley in
order to serve both sides of the property on SE 6 St. & SE 7 St.
Mr. Sessa , owner of property in question, stated that he would
agree to pay for assessment of S E 6th St. , or if the city
would waive the assessment on S E 7th St. he, Mr. Sessa , would
put sewers for S E 6th St. in himself.
The commission referred this to the City Manager for consultation
with Broome & Farina, City Engineers , and asked the City Manager
to bring a recommendation back to the commission at the April
12th meeting.
7 . A motion was made by Commissioner Donly, seconded by Commissioner
(item 17 Adams to retain City Manager Lassiter as City Manager.
on agenda)
Commissioner Cook stated that she would feel it necessary to
have time to evaluate the city administrators before voting
in favor of their appointments .
The motion passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - No Mayor Bertino - Yes
Commissioner Donly - Yes
A motion was made by Commissioner Adams, seconded by Commissioner
Donly to retain Mrs . Wanda Mullikin as City Clerk.
The motion passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - No Mayor Bertino - Yes
Commissioner Donly - Yes
A motion was made by Commissioner Donly, seconded by Mayor
Bertino, after passing the gavel, to retain City Attorney
Jack Milbery.
Regular Meeting -3- March 22, 1977
The motion failed on a roll call vote:
Commissioner Adams - No Commissioner Hirsch - No
Commissioner Cook - No Mayor Bertino - Yes
Commissioner Donly - Yes
A motion was made by Commissioner Cook, seconded by Commissioner
Adams to appoint Mr. Frank Adler as City Attorney and also
to give Mr. Milbery one month salary.
Mayor Bertino stated that he felt Mr. Adler should have been
in the audience in order to accept, or a letter in writing
stating his acceptance.
Commissioner Cook and Commissioner Hirsch stated that it would
be feasible to accept appointment of Mr. Adler without him
being present.
The motion passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - No
Commissioner Donly - No
A comment was made by citizen Duncanson that he would suggest
to the commission to check the state statutes before appointing
Mr . Adler to position of City Attorney due to his having been
a member of the commission in the last 12 months .
A motion was made by Commissioner Cook, seconded by Commissioner
Hirsch to retain City Prosecutor Clayton Wilkes .
Mayor Bertino asked City Manager Lassiter if it was necessary
to continue the services of a City Prosecutor. City Manager
Lassiter stated that he felt that the city definitely should
be represented by a city prosecutor.
The motion passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly- 'Yes
8. A motion was made by Commissioner Donly, seconded by Commissioner
(Item 19 Adams to table appointments of department heads until City
on agenda) Manager Lassiter could determine recommendation for re-appoint-
ments . City Manager Lassiter to return with recommendations
to the next commission meeting.
Commissioner Cook stated that according to her interpretation
of the Charter, all department heads should be considered for
re-appointment at the same time.
The motion passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - No
Commissioner Cook - No Mayor Bertino - Yes
Commissioner Donly - Yes
Regular Meeting -4- March 22, 1977
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9 . Mr. Cary Winningham, representing Broome & Farina , spoke to
( item 6 the commission regarding the request of American Consolidated
' enda) for a change order in the amount of $1,425 .00 on West Well
Field Project.
Mr . Lassiter, City Manager, stated that the funds were avail-
'� able in the Water Fund to cover the amount of $1,425 .00 .
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a F` A motion was made by Commissioner Donly, seconded by Commissioner
Adams to accept the application for a change order and retain
' the remaining amount until the work is completed.
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The motion passed on a roll call vote:
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Commissioner Adams - Yes Commissioner Hirsch - No
Bertino - Yes Commissioner Cook - Yes Mayor
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=s'a Commissioner Donly - Yes t=,
10. A motion was made b Commissioner Donly, seconded b Commissioner
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�i; ( .item 7 Adams to instruct City Manager to enter into a lease agreement r
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:'ter' on agenda) with Dania F .O.P. Lodge #56 . After the agreement is prepared
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it should be brought back to the commission for ratification.
3 ;; The length of lease would be negotiable between the City
Manager and Dania F.O.P. The motion passed unanimously.
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j Tom Sette , taxpayer, pledged $200.00 towards the repair of
the roof of this building.
11. A motion was made by Commissioner Donly, seconded by Commissioner
( item 8 Adams to amend the ordinance of the sewer rate structure to read
on agenda) "Basic Bi-Monthly Charges" and that the basic bi-monthly charge
would be $5.00 for the first 4,000 gallons of water used and
for each additional 1,000 gallons of water in excess of the first
4,000 gallons up to 36 ,000 gallons per billing period the charge
shall be $1.75.
Mayor Bertino asked City Manager Lassiter if he was satisfied
with the documentation of the research done to arrive at these
figures used to determine this rate structure. City Manager
Lassiter stated that he was satisfied.
Discussion continued on the study that was prepared and Mr.
Stanley Cohen of Rachlin & Cohen, answered questions that were
asked by the commission and the citizens .
The amendment passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly - Yes
A motion was made by Commissioner Donly, seconded by Commissioner
Adams to approve the adoption of the total ordinance of the
sewer rate structure on 1st reading as amended.
The motion passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly - Yes
Regular Meeting -5- March 22, 1977
A motion was made by Commissioner Donly, seconded by Commissioner ;
Kirsch to adopt the ordinance of the sewer rate structure on s
2nd and final reading as amended.
The motion passed on the following roll call vote:
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Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly - Yes
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New sewer rates to become effective as of next billing period.
12 . No action was taken on recommendations on Ocean Protein
Building. City Manager Lassiter stated that he would need
( item 9 more time before being able to make any recommendations .
on agenda)
13 . City Manager Lassiter presented his recommendation on tractor/
loader bids . City Manager Lassiter recommended the bid be
( item 10 awarded to Massey Ferguson for a 1976 Model, purchase price
on agenda) $9535 .00 plus $200 .00 for a roof.
A motion was made by Commissioner Donly, seconded by Commissioner
Adams to purchase a Massey Ferguson 1976 Model Tractor/Loader
total purchase price, including roof, $9,735 .00. This is an
appropriated budget item.
The motion passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly - Yes
14. A motion was made by Commissioner Donly, seconded by Commissioner
( item 21 Hirsch to release $3,000.00 of. the $15,000.00 budgeted for the
on agenda) Housing Authority to start their checking account. The motion
passed on a roll call vote:
Commissioner Adams - Yes Commissioner Hirsch - Yes
Commissioner Cook - Yes Mayor Bertino - Yes
Commissioner Donly - Yes
15. A motion was made by Commissioner Donly, seconded by Commissioner
(item 14 Hirsch to accept the resignation of Jean Cook from the Housing
on agenda) Authority. The motion was carried unanimously.
16 . City Manager Lassiter opened the discussion on increasing auto
( item 11 allowances for the city. employees who operate their own vehicles
on agenda) on city• business .
A motion was made by Commissioner Donly, seconded by Commissioner
Cook to table this item until the next meeting and asked the
City Manager to come back with figures on the number of cars ,
number of miles and possible proposed cap for these automobiles
in question. The motion was carried unanimously.
1 (item
17 . A motion was made by Commissioner Donly, seconded by Commissioner
12 Hirsch to table the recommendation of Myrtle Corbin's appoint-
on agenda) ment, contingert upon her acceptance. The motion was carried
unanimously. The appointment was made to the E.O.C.G. Board.
Regular Meeting -6- March 22, 1977
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18. A) A motion was made by Commissioner Donly, seconded by
cc,m 13A commissioner Hirsch to accept the resolution amending resolu-
n agenda) tion #191: Agreement between Broward County and the City
for funding and administration of Community Block Grant Projects .
The motion was carried unanimously
B) A motion was made by Commissioner Donly, seconded by Commissioner
Hirsch to pass the resolution authorizing pertinent officials of
the City of Dania to issue a promissory obligation to the Atlantic
National Bank of West Hollywood for a period of time not to
exceed 120 months in the principle amount of $153 ,610 at an
annual interest rate of 5.25%. The motion was carried unanimously.
City Attorney Milbery explained the reason for changing the
resolution as originally prepared was to indicate Atlantic
National Bank of West Hollywood and also because the bank
had asked that there be pledged the first proceeds of some
revenue . After he, City Attorney Milbery, inquired of City
Manager Lassiter he found that this had been done previously
in other revenue obligation situations and the occupational
license fees is that which is free and clear for pledging
at such time.
19 . A motion was made by Commissioner Donly, seconded by Commissioner
( item 16 Cook to pass the resolution authorizing pertinent officials to
on agenda) sign checks for the City of Dania. Motion was carried unanimously.
20. Mayor Bertino appointed Charles Mc Elyea to the Dania Housing
( item 18 Authority, to complete the one year term left vacant by Miss
on agenda) Cook.
21. A motion was made by Commissioner Donly, seconded by Commissioner
( item 20 Hirsch to amend the resolution regarding annexation of property
on agenda) to the City of Dania. Commissioner Donly recommended to strike
Sections 2 & 4 from the original resolution. Briefly Commissioner
Donly summarized these sections : Section 2) Supports the creation
of a Blue Ribbon Committee in the county to study annexation -
this study would cost a lot of taxpayers money and it still is
something they can come up with a plan and the legislative
delegation can do nothingagain as they have donein the past.
It is a sham and representative Poole 's motive is to delay
annexation until another year. Pressure should be put on
the legislature, not on a Blue Ribbon Committee.
Section 4) Commissioner Donly spoke against this because this
eliminates the possibility of going west in steps .
The motion passed with Mayor Bertino voting no.
Commissioner Donly made a motion, seconded by Commissioner
Hirsch to accept amended resolution and to send to all
the appropriate people and also give Mayor Bertino authority
to include a cover letter stating his position of being unhappy
about being the only city to be singled out to have legislative
annexation put on it and not covering enough area. The motion
was carried unanimously.
Regular Meeting -7- March 22, 1977
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Comments
Commissioner Donly made a motion, seconded by Commissioner Hirsch
're to appoint by resolution Charles Mc Elyea as a member of the
Dania Housing Authority. Motion was carried unanimously.
A motion was made by Commissioner Hirsch, seconded by Commissioner
Donly to adjourn this meeting. Motion passed unanimously.
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Mayor - Commissioner
City Clerk - Auditor
Regular Meeting -8- March 22, 1977
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Jean Cook "`
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Dania.Rorida 33004
March 151 1977 sa
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Honorable Robert Duncanson 9+y
Mayor, City of Dania ;
City Hall
Dania, Florida 33004
Dear Mayor Duncanson:
I hereby tender my resignation from
the Dania Housing Authority, effective immediately.
Very truly yours,
Jean Cook
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cc: City Clerk Chairman
M. Sterling Collins,
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22 S.W. 50 Avenue
Dania, Florida 33004
March 18, 1977
Mr. John Bertino, Mayor of Dania
= s Dania City Hall
Dania Florida 33004
s�. Dear Mr. Bertino:
�� The members of the former City Commission approved a $15,000
grant to the Dania Housing Authority contingent upon the
presentation of a budget.
This is a tentative budget:
1. $3,000 will be used to open a bank account
at the Dania Bank in the name of the Dania
Housing Authority.
2. A tentative schedule of office expenses:
Legal size File Cabinet S 78.80
Typewriter 309.00
Tape Recorder 300.00
Rent, yearly 12800.00
Contingencies 512.20
Director-Housing' Authority 512 000.00
Your consideration in this matter is greatly appreciated.
Wccy your L'4'M. Sterling C lins. Chairman
Dania Housing Authority
MSC:dk
cc: James Adams, Vice Mayor
Robert Donly
Howard Hursch
D. Jean Cook
John Lassiter, Dania City Manager
Richard Marant, Assistant Dania City Manager
Wanda Mullikan, City Clerk
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DANIA CITY C014MISSION
MARCH 22 , 1977
8 : 00 P.M .
Invocation by Rev. Van Arsdale of the Dania Heights Baptist Church.
Pledge of Allegiance .
Roll Call.
BUSINESS
1 . Approval of minutes of the March 15th meeting.
2 . Citizens Comments .
3 . Consideration of renewal of Spina 6 Romano, auditor' s contract.
4 . Discussion of problem on sewer line users on S.E. 7th Street.
Assessment #1-74 .
APPEARANCE: John Sessa
5 . Receipt of bids
a bids to be received on miscellaneous fire equipment.
b) bids to be received on City Hall construction.
6 . Request from American Consolidated for a change order on the
west wellfield project.
7 . Request by the FOP to lease for $1 per year from the City, the
mosquito building on Stirling Road for their meetings.
8 . Public hearing continued on 1st 6 2nd reading of ordinance setting
new sewer rates.
9 . City Manager' s recommendation on Ocean Protein Building proposals.
10 . City Manager' s tabulation and recommendation on tractor bids.
11. Discussion of increasing auto allowance for City employees who
operate their own vehicles on City business.
12 . Appointment of a member to the EOCG Board.
13 . Resolutions
a) Resolution amending Resolution ##191: Agreement between
Broward County and the City for the funding and adminis-
tration of Community Development Block Grant Projects.
EXHIBIT: Resolution forthcoming.
b) Resolution of the City of Dania authorizing pertinent officials
of the City of Dania to issue a promissory obligation to the
Atlantic National Bank of West Hollywood for a period of time
not to exceed 120 months in the principle amount of $153,610
at an annual interest rate of 5.25%.
ADDENDUM
'i 14. Action of resignation of Jean Cook from the Housing Authority.
15. Department of Community Social Service to make a presentation
to the Dania Police Department.
16 . Resolution authorizing pertinent officials to sign checks
for the City of Dania.
17 . Appointment of the City Manager, City Clerk, City Attorney
and City Prosecutor.
18 . Appointment of member to Dania Housing Authority.
19. Request by Commissioner Cook: Appointment of Department Heads.
20 . Resolution regarding annexation of property to the City of Dania.
21. Approval of Housing Authority budget.
EXHIBIT: Budget (already distributed)