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Home My WebLink About1975-05-19 Regular City Commission Meeting Minutes s r-1 i MINUTES REGULAR MEETING DANIA CITY COMMISSION MAY 19, 1975 ;,. 1 , Invocation was given by City Manager Woodward Hampton. ,ct M•, Pledge of Allegiance. ' ® 3. Roll Call: Present: s^" t h: Mayor: Robert Duncanson Vice Mayor: John Bertino ' ® Commissioners: Frank Adler Robert Donly John Kay City Manager: Woodward Hampton ?T, City Attorney: Jack Milbery {; City Clerk: Wanda Mullikin Police Chief: Fred Willis Building Inspector: Thomas Littrell =b Zoning Consultant: Luther Sparkman 4. Citizens Continents: None were made. f 5. On a motion by Commissioner Kay, seconded by Commissioner Donly, the Commission unanimously voted to approve the minutes as corrected for the meetings of May 5, May 7 , May 12, and May 14. 6. On a motion by Commissioner Donly, seconded by Commissioner Kay, the Commission unanimously voted to approve the bills as paid for the month of April. ® 7. The Commission decided to dispense with the reading of the Planning and Zoning minutes of May 13 as none of the items in the minutes required Commission action. Conunissioner Kay reminded the Commission that he had requested that the Commission review a variance that had been granted on N.E. First Avenue. It had been approved by the Planning and Zoning Board but not by the City Commission. He requested that it be put on the next regular meeting agenda, and that the wording be correct if action is to be taken. B, Petcr Bruno, representing the South Florida Scouting Organization, appeared to request funds: for the Scouting program. Mayor Duncanson stated that he was an advocate of the Scouting program, but regretfully expressed that the City could not contribute to the funding of the program, City Attorney Milbery read by title the Ordinance prohibiting bar-b-ques in multi- story buildings. On a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission unanimously voted to adopt this Ordinance on second and final reading, the vote being as follows: Commissioner Adler yes Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay yes ® :4iyor Duncanson yes 1 City Commission -1- May 19, 1975 6 city Attorney Milbery read by title the Ordinance for the amending of the existing tinter Ordinance. Assistant to the City Manager McNally then reviewed the background �21iich initiated the need for this Ordinance, including the proposed improvements and new rates to be charged. City Engineer Farina and City Auditor Spina both spoke and reviewed what they had said at the workshop meeting of May 12 which essentially emphasized what Mr. McNally outlined as the proposed changes and im- provements. Mayor Duncanson then officially opened the Public Hearing on this Ordinance. Ile proceeded to point out that by State Law the areas outside the City limits can only be charged at a rate of 125% of the within-City rate. The Ordinance had read 150' and has been amended to read 125%. On a motion by Vice Mayor Bertino, seconded by Commissioner Kay, the Commission unanimously voted to approve this amendment. On a motion by Commissioner Donly, seconded by Commissioner Adler, the Commission unanimously voted to adopt the revised Water Ordinance as amended on second and final reading, the vote being as follgws: Commissioner Adler yes Vice Mayor Bertino yes ® Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes it . City Attorney MiLbery read by title the Ordinance for the amending of the existing Sewer Ordinance. As he was requested, City Auditor Spina had supplied the Commission with his opinion concerning the financial aspect of the proposed Ordinance. As with ® the previous Water Ordinance, Mr. McNally reviewed the proposed changes and rates of the new Sewer Ordinance. He pointed out that he had made a mathematical error which was located by Mr. Spina. Along with the proposed rate increase, Mr. McNally recommended that the rates be reviewed in budget year 1976-1977 or 1977-1978, because it is felt that by that time the sewer deficit may be overcome and the rates could be lowered again. It was suggested that any further decision on this item be postponed ® until the Commission can discuss it at a workshop meeting, however, they decided to go ahead with the discussion at this meeting. The Commission then proceeded to question Mr. McNally, Mr. Farina and Mr. Spina on the proposed Ordinance. Vice Mayor Bertino questioned the amount of the rate increase, as to whether the proposed increase would be sufficient. He asked whether a projected income report could be ® made available so that the increase could be refigured in order that the sewer account break even at the end of 1977-1978. He was told that such a report would be accurately impossible to predict on the spur of the moment. After the Commission questioned Mr. McNally and Mr. Spina in Length about the different aspects of the proposed Sewer Ordinance, Mayor Duncanson opened the Public Hearing on this Ordinance. Ile stated that the Ordinance would have to be amended, as the Water Ordinance was, to read 125% for areas outside of the City limits. On a motion by Commissioner Donly, seconded by Commissioner Adler, the Commission unanimously approved this amendment. There being no objections heard after the Public Hearing was opened, on a motion by Commissioner Adler, seconded by Commissioner Donly, the Commission by majority vote approved the adoption of this Ordinance on second and final reading. Roll call was taken: Commissioner Adler yes Vice Mayor Bertino no Commissioner Donly yes Commissioner Kay yes Mayor Duncanson yes 2. City Attorney Milbery read the Ordinance for the adoption of the Comprehensive Plan and land use map in entirety as some changes had been made. Mayor Duncanson opened the Ordinance to Public Hearing. There being no objections, on a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission voted to adopt this Ordinance on second and final reading by majority vote. Roll call was taken: Commissioner Adler no Vice Mayor Bertino yes Commissioner Donly yes Commissioner Kay no Mayor Duncanson yes 'ity Commission -2- May 19, 1975 la . City Manager Hampton opened the discussion on the lease of the front-end loader. lie recommends the lease-purchase arrangement for 48 months at 6% interest with the stipulation that it can be paid off earlier. The cost would be $516 per month. 3 Commissioner Kay made a motion to accept this arrangement, and Commissioner Donly _ seconded the motion. Commissioner Adler questioned whether this lease-purchases arrangement was against the Law since the lease had not been put up for bids. After r; Couanissioner Adler's statement, Commissioner Kay requested that his motion be with- drawn, and Commissioner Donly also withdrew his second to the motion. Then Com- missioner Kay made a motion to table this item until the next meeting when City Yri Attorney Milbery will present a report on the legality of entering into this arrange- ment without advertising for bids. Commissioner Donly seconded the motion, and the r vote was unanimous. 14. City Manager Hampton requested two things from the Commission until the Garbage Ordinance can be rewritten: a, that pickup be limited to four cans as the present Ordinance now states. tie b, that the Commission give permission to bill citizens for excess collections. . Mr. Hampton asked authorization to bill the citizens for the months of April and May for excess garbage that was collected. Commissioner Donly questioned the legality s of this without prior notification to the public. City Attorney Milbery stated that the present Ordinance does not authorize the City to charge for extra cans. Mr. Hampton believes that Ordinance #87 grants this authority. Mr. Hampton pointed out that under ordinance #87 citizens were allowed one free can and would be charged $1.00 a for each can over the maximum. In light of the fact that Ordinance #566 increased the maximum number of cans to four per pickup, Vice Mayor Bertino stated that the charge would now be $1.00 for each can over four. The Mayor instructed City Attorney Milbery to look at Ordinance #87, adopted in 1937, to see if this Ordinance would still be in effect pertaining to a charge for excess cans over the maximum. The Commission recognizes the fact that the City Manager would have the authority to enforce Ordinance #87 if the City Attorney determines that it is stilt valid. =® ColiMENTS: L . Mayor Duncanson stated that the new Recreation Director, Amadeo Tomaini, is working on an arrangement to lease the Olsen and Dania Elementary Schools. '® 2 . Commissioner Donly reminded everyone about Dania Days which will be held on Memorial Day weekend. 3. Vice Mayor Bertino asked for a progress report on the crossing light at Dania Beach Boulevard. City Manager Hampton ih waiting for a report from the County. Mayor Duncanson stated that negotiations with F.E.C. Railroad were in progress, and he hopes that gates will be on all crossings within a year. Robert 14. Duncanson - Mayor , Wancin Mullikin - City Clerk Clty Commission -3- May 19, 1975