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HomeMy WebLinkAbout1975-04-21 Regular City Commission Meeting Minutes s, Rob MINUTES REGULAR MEETING DANIA CITY COMMISSION APRIL 21, 1975 1 . Invocation was given by City Manager Woodward Hampton. ® 2. fledge of Allegiance. 3, Roll Call: 5 Present: Mayor: Robert Duncanson Vice Mayor: John Bertino w" Commissioners: Robert Donly Frank Adler t >> John Kay S' City Manager: Woodward Hampton City Attorney: Jack Milbery ` City Clerk: Wanda Mullikin d ` ® Police Chief: Fred Willis Iq' Building Inspector: Thomas Littrell 's ,rug f; Zoning Consultant: Luther Sparkman 4. On a motion by Commissioner Kay, seconded by Commissioner Donly, the Commission unanimously voted to approve the minutes of the meetings of April 7, April 9, ® and April 14. 5. On a motion by Vice Mayor Bertino, seconded by Commissioner Kay, the Commission unanimously voted to approve and adopt the Resolution for the confirmation of assessment for the paving of N.E. Third Street from N.E. Sixth Court to Gulfstream Road. ® 6. Citizens' Comments: A. Elmer Nitzsche stated that a garbage truck ran into his cement wall at 206 N.W. 8th Avenue and ruined it. He stated that he had talked to Assistant to the City Manager McNally who promised Mr. Nitzsche that he would look into it , but to this date nothing has been done, and therefore asked the Commission for its help. B. Jack Kellen, representing the People of Distinction, gave a report on the P.O.D. , made some suggestions for the Recreation Department to look into, and also suggested renaming Westside Park either Modelo Park, after the original name of ® Dania, or Ely Park, after Dr. Ely, a black educator, C. Pete Prosaic recommended the use of an electronic water meter for those who have dogs that prevent the meter man from reading the meter. 7. Luther Sparkman reviewed the Planning and Zoning minutes of April 18. With regards Q to item 1i5, the application of Murray Mayer, Mayor Duncanson said that the item had not been put on the agenda so the Commission could not discuss it. Later Building Inspector Littrell pointed out that there was no Commission action necessary as the Planning and Zoning Board had resolved the matter. With regards to item #6 on the minutes, City Manager Hampton was asked to look into the sidewalk situation at Air- port Valet Service and Howard Johnson's and report at the May 5 meeting. ® 8. At the last regular meeting, the Commission voted to draw up a new Ordinance and Resolution to allow non-conforming use to continue in the case of John Glarentzos, and that these be put on the April 21 agenda. City Attorney Milbery prepared the documents, and when the agenda was written it stated that there would be a second reading of a rezoning Ordinance for the Glarentzos property. As this wording was incorrect, the Commission could not legally act on the non-conforming use Ordinance. Therefore, on a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission unanimously voted to withdraw the rezoning Ordinance and consider the Ordinance and Resolution for non-conforming use an emergency item at the May 5 meeting. City Commission -I- April 21, 1975 yr Vk J h9 ,,..; 9. Mayor Duncanson asked the Comnission to defer any action on the Ordinance mod- ifying and combining procedures for the water and sewer operations until the utility committee can look into this and report at a workshop meeting, and then be put on a regular Commission meeting agenda. Vice Mayor Bertino made a motion, seconded by Commissioner Kay, to accept the Mayor's recommendation. The Commission unanimously voted to approve the motion. 10, On a motion by Commissioner Adler, seconded by Commissioner Kay, the Commission e�.�<`'• unanimously agreed to close and open bids for the boat ramp improvements at Houston Park, City Manager Hampton opened and read the bids, which were as follows: Sam Clark 6 Associates afY Hancock Marine Construction Co. 54,800.00 Trio Development Corporation 70,809.00 xs. x Webb General Contracting, Inc. 114,460.00 :< 57,680.00 �=�+ Hosey Contracting, Inc. , ^ r Johnson Engineering Contractors 68,926.25 all ® Powell Brothers, Inc. 103 370.00 ;r Frank Hill, General Contractor 56,909.00 e�Ccr Commissioner Adler made a motion, seconded by Commissioner Kay, that the bids be a=: turned over to the City Manager for tabulation and his recommendations be heard at the May 5 meeting. The vote was unanimous in favor of this motion. �:*TM6G7 ' - Lt. On a motion by Vice Mayor Bertino seconded by Commissioner Kay, the Commission unanimously voted to table any action on the advertisement for bids for drainage on Y.E. tat Terrace until Commissioner Kay's committee can review the drainage r' problem and report at a workshop meeting. The Commission had decided this at the last workshop meeting, thus Vice Mayor Bertino pointed out that this item was on the agenda in error. 12. City Attorney Milbery has received a copy of Dade County's Ordinance regulating patio bar-b-ques. Mr. Milbery was authorized to draw up a similar Ordinance to be read at the May 5 meeting, second reading on May 12, and take care of the necessary advertisement. 4 13. Former City Attorney Clarke Walden requested that the Commission pass a Resolution recognizing and outlining his pension, so that there will be a record when Mr. Walden reaches the age of sixty. The Pension Committee had voted to amend the pension benefits to be based on the last three years of service instead of five years, and to change the retirement age from 65 to 60. At, the request of the Pension Committee, Mr. Walden was asked to draw up a Resolution confirming this, and presented it to the Commission before this meeting. The Commission feels that since this is the first time that the Pension Committee has met since 1969, and also since this is the first time that this matter has come before the Commission, that it should be looked into further before any of the Pension Committee's action is approved. Mr. Walden was opposed to this delay and asked that he be furnished a certified copy of the minutes of the Pension Committee meeting, and copies of minutes of any workshop meetings which contain any discussion of his vested rights in the pension. It is the feeling of City Attorney Milbery that these changes of the Committee would have to be made by Ordinance, and he would like to have time to look at Ordinance 4541, which set up the Pension Fund, before the Commission takes any action on Mr. Walden's request. The Commission agreed with Mr. Milbery, 9 and he is to present his findings at the May 5 meeting. 14. On a motion by Vice Mayor Bertino, seconded by Commissioner Donly, the Commission unanimously voted to table any further action on the Comprehensive Plan until the Commission can further study the map at the April 28 workshop meeting. 15. Mayor Duncanson read the proclamation declaring May 1 as Law Day. 16. On a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission unanimously voted to adopt the Resolution for a uniform election date. 17. On a motion by Commissioner Donly, seconded by Vice Mayor Bertino, the Commission unanimously voted to adopt the Resolution approving the Affirmative Action Plan. City Commission -2- April 21, 1975 ti z ® 18. Tom Sette, garbage contractor, was in attendance for the discussion on underground garbage cans. Some members of the Commission stated that the underground cans are ?; more sanitary because dogs cannot get at them, and are cleaner and esthetically y !; better. Mr. Sette argued that the underground cans are dirtier since they sit right in the ground where maggots can get at them, and also are hard to get out of the ground and may cause his men to get back injuries, Pete Prosaic recommended that the City consider using the® Y g portable plastic cane that are used in Pt. Laud- erdale. Commissioner Kay made a motion, seconded by Commissioner Adler, that collection of underground cans continue until Mr. Kay's committee can meet on Wednesday, discuss the problem, and report at a Commission workshop. Clarke Wal- den, attorney for West Shore Sanitation, said that his client would be flexible for a while until a decision can be reached, The Mayor then asked Commissioner ® Adler to withdraw his second to the motion, which he did, and immediately Vice Mayor Bertino seconded the motion for the sake of discussion. Mayor Duncanson then passed the gavel to Vice Mayor Bertino and made a motion to table this item. Commissioner Donly seconded the motion, and the Commission by majority vote tabled this item, Commissioners Adler and Kay voting no, ® 19. Vice Mayor Bertino made a motion, seconded by Commissioner Donly, to table any action on the authorization to bill excess garbage and trash costs, City Manager. Hampton challenged this motion because it would not allow any discussion. The motion and second were then withdrawn, and a lengthy discussion followed. Among the points discussedwere the extra costs that have been added onto the garbage bill from West Shore Sanitation over the past two months for additional pickups ® over the maximum allowed per customer. Then on a motion by Commissioner Kay, seconded by Commissioner Adler, the Commission unanimously voted to table this item until it can be discussed at a committee meeting, 20. Any action on levying a garbage fee was also tabled until it can be discussed at a committee meeting. City Attorney Milbery stated that if a fee is levied it will A have to be done by ordinance. 21. Pete Prosaic spoke before the Commission to request a lease arrangement for the area east of the sewer plant, known as Houston Park, for campers and houseboats. The Commission pointed out that they cannot discuss a lease until they are presen- ted with the specs, building site plan, phase schedule, etc. The Commission ® recommended that Mr. Prosaic discuss these things with the City Manager and Build- ing Inspector, and then present his proposal to the Commission at a workshop meeting. 22. James Stephens presented the quarterly report of the Community Affairs office. Mr. Stephens stated that he would like to present a detailed report, City Manager Hampton was instructed to schedule this at the beginning of a workshop meeting. 23. Commissioner Adler made a motion, seconded by Commissioner Kay, that Chief Willie' request for permission to use the old City trash dump for pistol practice be ap- proved with the use restricted to members of the Police Department, and that there would be proper supervision at all times. The vote was unanimous in favor of this motion. B ADDENDUM; 24. On a motion by Commissioner Kay, seconded by Commissioner Donly, the Commission unanimously voted to approve the Resolution for the exemption from taxes for the Southeast loth Street Park, such Resolution to be forwarded to the Broward County Commission. Robett H, Duncanson- Mayor Wanda Mullikin - City Clerk City Commission -3- Abril 21, 1975 •