HomeMy WebLinkAbout30692 - MINUTES - City Commission e
MINUTES
SPECIAL MEETING
DANIA CITY COMMISSION
NOVEMBER 1, 1976
Roll Call Present:
Mayor: Robert H. Duncanson
Vice Mayor: John Bertino
Commissioners: Frank Adler
Robert Donly
City Manager: John Lassiter
City Clerk: • Wanda Mullikin
City Attorney: Jack Milbery
Absent:
Commissioner: John Kay
Miss Jean Cook submitted her resignation from the Planning
and Zoning Board in order to serve on the Housing Authority.
Miss Cook submitted a letter stating her interest in the
proposed Housing Authority Project as realtor.
A motion was made by Commissioner Adler, seconded by Vice Mayor `
Bertino to adopt a resolution appointing the following citizens
as members of the Dania Housing Authority.
Jean Cook 1 year term
Veta Mae Peterman 2 year term
Kurt Ely 3 year term
Sterling Collins 4 year term (Chairman)
Clarence Zenk 4 year term
The motion passed unanimously.
Mayor-Commissioner
ud
City C erk-Auditoror
t
e City Commission November 12 1976
ir.-.
JACK ILBERY
Counsellot al -Caw
a64a S llymd 2a t md, solly Wd, g"aa 33020
9�3.713a
November 1, 1976
Mayor Robert Duncanson
City of Dania
100 W. Dania Beach Boulevard
Dania, Florida 33004
RE: Appointments to Dania Housing Authority
Dear Mayor Duncanson:
Pursuant to your request as to the limitations upon your appoint-
ments:to the Housing Authority, I have reviewed Chapter 421 of the
Florida Statutes .
A Commissioner appointed to the Housing Authority may not be an
"officer or employee" of the City of Dania. There has not been
a case or Attorney General opinion on the specific question.
Specifically, you inquired as to whether a member of the Planning
and Zoning Board is an officer of the City of Dania for purposes
of exclusion from appointment under Chapter 421.
An officer as defined under the Florida Statutes Sec. 1.01 is any
person holding an office, and the Charter of the City of Dania
creates the Planning and Zoning Board as an official position in
the City. Further, the Ordinances creating the Board indicates
that the member of a Planning and Zoning Board is an officer and
is so titled.
Therefore, although there is no indication of the purpose of ex-
cluding employees and officers of the City from membership on the
Board , it is my opinion that the Legislature intended to use the
ordinary meaning of the term officer and the ordinary meaning of
the word employee to exclude from membership the broadest category
of persons having contact with the City. It is my opinion that
no person, a member of the Planning and Zoning Board, or any other
Board created by the Charter or by Ordinance, .shall be a member of
the Housing Authority created pursuant to Chapter 421 of the Florida
Statutes .
V �YIy`4YA4.J.
Mayor Robert Duncanson
November 1, 1976
Page 2
Further, it is my recommendation that any appointments be con-
curred in by Resolution of the City Commission prior to anof-
ficial action being taken by such members as you may appoint
the Housing Authority .
Sincerely yours,
. w
JACK` E. MILBERY
City. Attorney.
JEM/cec
t.
SPECIAL MEETING
DANIA CITY COMMISSION
NOVEMBER 1, 1976
7 :30 P.M.
1. Approval of a resolution appointing the
Dania Housing Authority and Chairman,
O
•