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Home My WebLink About31218 - MINUTES - City Commission MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 26, 1989 I I INVOCATION - City Clerk Wanda Mullikin PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners : Jean Cook Bobbie Grace John Bertino City Attorney: Frank Adler -_- City Manager: Robert Flatley City Clerk : Wanda Mullikin At this time , a motion was made by Commissioner Cook , seconded by Commissioner Grace to continue items 4 . 2, 4 .3 , 4 . 4 , 4 . 5 and 4 . 6 until the next Regular scheduled City Commission Meeting of October 10, 1989 at 8 : 00 p.m. I � The motion passed on the following roll call vote : Commissioner Bertino-yes Commissioner Cook-yes Vice-Mayor Mikes-yes Commissioner Grace-yes Mayor McElyea-yes I PRESENTATIONS Mr. Jim Silvernale , Dania Democratic Club , requested that the City Commission accept the donation of two flag staffs and two United States Flags to be placed at Dania Memorial Park and West Lawn Park . Mr. Silvernale advised the Commission that the value of each staff is $500 . 00 and requested that the City donate the section of each park to place each flag staff , waive all permit fees and installation and that the flag staff and flags be maintained by the City once installation has been completed . Mr. Silvernale explained that the reason for this donation is due to the ruling by the U.S . Supreme Court concerning burning the United States Flag and that the Dania Democratic Club feels that the United States Flag is a symbol of our free and independent nation and that we should preserve the respect of our lost soldiers who protected this country . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve the presentation and donation by the Dania l Democratic Club. This motion passed unanimously. 3 'iI 1 f' i Regular Commission Meeting 1 September 26 , 1989 Lam.. 4.� p `f 1 a REMOVED FROM CONSENT AGENDA 1 . 5 City Attorney Adler read the title of the resolution approving the large user raw water agreement between Broward County and City of Dania and authorizing the appropriate city officials to execute said r agreement . Commissioner Cook requested the removal of this resolution from the consent agenda for further clarification for the public. f City Manager Flatley recommended approval of this resolution contingent upon City Attorney Adler and the City Manager resolving with the county the revisions that were made to Deerfield' s agreement , the timing of the interim and final wells , determining the actual costs and an indication of whether or not Dania could purchase finished water from other sources . City Attorney Adler reminded the Commission that Broward County is ready to install raw water lines and supplies at this time and urged the Commission not to take any more time as this agreement has been thoroughly reviewed and revised by the League of Cities and that he feels it is a good agreement . A motion was made by Commissioner Cook, seconded by Commissioner Bertino to approve the resolution approving the large user raw water ,.� agreement between Broward County and the City of Dania and authorizing the appropriate city officials to execute said agreement a subject to the revisions that are necessary to be made as stated by 7r- Dania ' s City Attorney and City Manager. This motion passed on the following roll call vote : Commissioner Bertino-yes Vice Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 1 .6 City Attorney Adler read the title of the resolution approving =s ^� amendment to parking meters agreement between City of Dania and Stroyne Brothers South , Inc . of Miami ; and authorizing the appropriate City Officials to execute said agreement . a City Manager Flatley informed the Commission and audience that new beach stickers will be effective October 1 and are now available for purchase as long as a citizen has a vehicle registration to prove ownership of their vehicle and also a voters registration card or utility bill showing a Dania address in the same name as the vehicle i owner. A motion was made by Commissioner Berti.no, seconded by Commissioner Cook to approve the resolution� pp approving the amendment to the parking j meters agreement between City of Dania and Stroyne Brothers South, i Inc. of Miami ; and authorizing the appropriate City Officials to execute said Agreement . 1 9 The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes ! Commissioner Cook-yes Mayor McElyea-yes dq Commissioner Grace-yes 1 .9 City Attorney Adler read the title of the resolution approving I the by-laws of the Dania Safe Neighborhood Improvement District . l City Manager Flatley explained that a set of by-laws furnished and !I approved by the State were modified by the City Attorney and City j Manager' s offices to meet the needs of Dania and that the two jmeetings that have taken place with the Dania Safe Neighborhood Improvement District have been very successful . Regular Commission Meeting 3 September 26, 1989 1 CONSENT AGENDA REMOVED FROM CONSENT AGENDA ITEMS 1 . 5 1 . 6 1 .9 1 . 10 Minutes i 1 . 1 Workshop meeting of September 7 , 1989 1 . 2 Regular meeting of September 12 , 1989 I 1 . 3 Special meeting of September 13 , 1989 Bills 1 .4 As paid for the months of May , June , July and August , 1989 . Resolutions 1 .7 City Attorney Adler read the title of the resolution relating to N.E. 7th Avenue Special Assessment District in accordance with Chapter 170 , Florida Statutes , adopting the assessment roll for N .E . 7th Avenue Special Assessment District as prepared by the City Clerk and attached hereto as Exhibit "A" ; authorizing the City Commission to act as an equalization board; providing for the furnishing of ten days written notice to all property owners affected; requiring the filing of the proof of publication of this resolution; making reference to Resolution No. 94-89 directing an affidavit of publication be obtained . w-y i 1 .8 City Attorney Adler read the title of the resolution approving the agreement between City of Dania and Stephens Distributing Co. , Inc. Ordinance 1 . 11 City Attorney Adler read the title of the ordinance amending section 9 . 31 of Chapter 28 of the Code of Ordinances to provide that Fire Public Safety Facilities fees shall be paid at the time of issuance of building permits. Resolutions 1 . 12 City Attorney Adler read the title of the resolution amending its budget for the fiscal year 1988-89 by making line item changes between departments. 1 . 13 City Attorney Adler read the title of the resolution approving certain addendum to 1988-91 service agreement dated August 30 , 1988, between the City of Dania and Nick Navarro, as Sheriff of Broward County. A motion was made by Commissioner Cook, seconded by Commissioner Grace to approve the Consent Agenda. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 8 d 1 Regular Commission Meeting 2 September 26 , 1989 "RAJ s yWY{ f t� 1 A motion was made by Vice-Mayor Mikes , seconded by Commissioner Grace to approve the resolution approving the by-laws of the Dania Safe Neighborhood Improvement District . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes j Commissioner Grace-yes {J Ordinances 1 . 10 City Attorney Adler read the title of the ordinance amending Section 13-73 of Article V of Chapter 13 of the Code of Ordinances by changing the section designation from said Section 13-73 of Article V of Chapter 13 to Section 13-33 of Article II of Chapter 13 . ' City Attorney Adler informed the Commission that this ordinance does not change any text but will place the information relating to trash and debris in a section of the Code that will relate to Section 13-32. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Cook to approve the ordinance on first reading amending Section 13-73 of Article V of Chapter 13 of the Code of Ordinances by changing the section designation from said Section 13-73 of Article V of Chapter 13 to Section 13-33 of Article II of Chapter 13 . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes r Commissioner Grace-yes i i i PROCLAMATIONS 2. 1 Mayor McElyea proclaimed October 2 through October 7, 1989 as National Employ the Handicap Week . i BIDS - None i PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4 . 1 City Attorney Adler read the title of the ordinance for second reading approving the plat of "Glen-Lauren Homes" . Dawn Sonneborn with Barry & Calvin Engineering was present to represent the Robert Graf Estate , owner of the property located on the N.W. corner of S.E. 5th Avenue and 7th Street . Commissioner Bertino reminded the Commission that the Planning & Zoning Board recommended approval subject to eliminating the dead end jon S . E. 6th Street through one of the following alternatives : j 1 . Extending S. E. 6th Street to S . E. 4th Court or; 2. Constructing a Cul-de-sac for S .E. 6th Street within the',proposed plat . j A motion was made by Vice-Mayor Mikes , seconded by Commissioner Bertino to accept the second recommendation of the Planning and Zoning Board to put a Cul-de-sac on lot 5 and amend the ordinance to that affect. i Regular Commission Meeting 4 September 26, 1989 j; I � 1 The motion passed on the following roll call vote: I i Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes Mayor McElyea opened the public hearing on the ordinance as amended . After hearing from Mr. Spies and Mr. Jewell speak in opposition of the cul-de-sac , the Mayor closed the public hearing and opened to the Commission for possible action . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to table this public hearing until the next Regular Commission Meeting of October 10 , 1989 . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes Administrative Resolutions 4 . 7 City Attorney Adler read the resolution in its entirety as required by the City Charter and Section 200 .065, Florida Statutes , approving the millage rate necessary to be levied for the fiscal year 1989-90. ^ { The Mayor opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook , seconded by Commissioner Grace to adopt the resolution as required by the City Charter and Section 200 .065, Florida Statutes , approving the millage rate necessary to be levied for the fiscal year 1989-90. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes A.� f Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 .8 City Attorney Adler read the resolution in its entirety as required by City Charter and Section 200 .065 , Florida Statutes, for the final approval and adoption of the annual budget of the City of Dania for the fiscal year 1989-90. City Manager Flatley added his comments and recommendations for approval of this annual budget. Mayor McElyea opened the public hearing . After hearing Mr. Vincent Carroll speak in opposition and Ms . Peggy Breeschoten and Mr. Al Spies speak in favor, the Mayor then closed the public hearing . i At this time , Mayor McElyea commended Marie Jabalee, Deputy City Clerk , for her efforts in preparing this budget . I t j A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt the resolution required by City Charter and Section 200. 065, Florida Statutes , for the final approval and adoption of the annual budget of the City of Dania for the fiscal year 1989-90 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes t i Commissioner Cook-yes Mayor McElyea-yes I Commissioner Grace-yes JI i Regular Commission Meeting 5 September 26, 1989 ,I ,F17 4 . 9 City Attorney Adler read the title of the resolution adopting the annual water fund budget and making appropriations for the fiscal year beginning October 1 , 1989 , and ending September 30 , 1990 , for y the maintenance and carrying on of the water department of the City of Dania. i i j Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing and opened to the Commission for possible action. A motion was made by Commissioner Cook, seconded by Vice-Mayor Mikes to adopt the resolution adopting the annual water fund budget and ; making appropriations for the fiscal year beginning October 1 , 1989, i and ending September 30 , 1990 , for the maintenance and carrying on of the water department of the City of Dania. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 10 City Attorney Adler read the title of the resolution adopting the annual sewer fund budget and making appropriations for the fiscal year beginning October 1 , 1989 , and ending September 30 , 1990 , for the maintenance and carrying on of the sewer department of the City of Dania . Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor then closed the public hearing and opened to the Commission for possible action. A motion was made by Commissioner Cook, seconded by Commissioner Grace to adopt the resolution adopting the annual sewer fund budget and making appropriations for the fiscal year beginning October 1 , 1989 , and ending September 30 , 1990 , for the maintenance and carrying on of the sewer department of the City of Dania. The motion passed on the following roll vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes Administrative Ordinances (second & final reading ) 4 . 11 City Attorney Adler read the title of the ordinance amending its budget for the fiscal year 1988-89 by changing the water fund budget revenues and appropriations for expenditures for the fiscal year 1988-89 to increase said water fund budget estimated revenues and i appropriations for expenditures from the total of $1 , 331 , 105 to $1 , 347 , 105 by increasing the use of prior years surplus in the amount of $16,000. This transfer was necessary to pay Rachlin & Cohen for a utility study not budgeted for. i f Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor then closed the public hearing . A motion was made by Commissioner Bertino, seconded by Commisioner Cook to adopt the ordinance on second reading amending its budget for the fiscal year 1988-89 by changing the water fund budget revenues and appropriations for expenditures for the fiscal year 1988-89 to increase said water fund budget estimated revenues and appropriations for expenditures from the total of $1 , 331 , 105 to $1 , 347 , 105 by increasing the use of prior years surplus in the amount of $16,000 . Regular Commission Meeting 6 September 26, 1989 The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes i Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i ! 4 . 12 City Attorney Adler read the title of the ordinance amending j Section 27-38 of Article II of Chapter 27 of the Code of Ordinances entitled: "Rates and Charges for Service" and providing that except j as herein amended all other provisions of Chapter 27, Article II of I the Code of Ordinances of the City of Dania shall remain in full force and effect . f i iThis ordinance would increase the water rates for 1989-90. f A motion was made by Commissioner Bertino, seconded by Commissioner Grace to table the adoption of this ordinance until the next Regular I Commission Meeting of October 10, 1989 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 13 City Attorney Adler read the title of the ordinance amending Section 13-68 and Section 13-69 (a) (b ) (c ) (g ) ( h) & ( i ) of Article IV, Chapter 13 of the 1980 Code of Ordinances to provide for charges for pick ups of garbage and trash at residential and commercial sites. The Mayor opened the Y p public hearing . Hearing no one speak in favor or opposition. , the Mayor closed the public hearing and opened to the Commission for action . i A motion was made by Commissioner Cook, seconded by Vice-Mayor Mikes to adopt on second reading the ordinance amending Section 13-68 and Section 13-69 (a) (b ) (c) (g) (h) & ( i ) of Article IV, Chapter 13 of the Code of Ordinances to provide for charges for pick ups of garbage j and trash at residential and commercial sites. 4 . 14 City Attorney Adler read the title of the ordinance amending Article 5, Part II of the City Charter entitled "Special Assessments for Local Improvements" by the adoption of the provisions of Chapter 170 , Florida Statutes , for the assessment and collection of special assessments within the City; providing for separability. Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing and opened to the Commission for possible action. i A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt on second reading the ordinance amending Article 5, Part II of the City Charter entitled "Special Assessments for Local Improvements" by the adoption of the provisions of Chapter 170 , Florida Statutes, for the assessment and collection of special assessments within the City; providing for separability. , I j The motion passed on the following roll call vote : j Commissioner Bertino-yes Vice-Mayor Mikes-yes f Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 15 City Attorney Adler read the title of the ordinance amending Section 26-34 , Article III, of Chapter 26, of the Code of Ordinances of the City of Dania, Florida regarding site plan review for single family residences; repealing sub-paragraph (a ) thereof . Ll Regular Commission Meeting 7 September 26 , 1989 i z r The Mayor then opened the public hearing . Hearing no one speak in favor or oppositon , the Mayor then closed the public hearing and opened to the Commission for possible action . A motion was made by Commissioner Cook, seconded by Vice-Mayor Mikes R to adopt on second reading the ordinance amending Section 26-34 , Article III , of Chapter 26, of the Code of Ordinances of the City of Dania, Florida regarding site plan review for single family residences; repealing sub-paragraph (a) thereof . t The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes t } Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 4 . 16 City Attorney Adler read the title of the ordinance amending Section 13-32 of Article II , Chapter 13, of the Code of Ordinances of the City of Dania regarding responsibility of owners of privately owned property within the City of Dania; providing for assessments Of costs ; providing for liens; and providing for payment of interest on liens . I i Mayor McElyea opened the public hearing . Hearing no one speak in favor or opposition, the Mayor then closed the public hearing and opened to the Commission for possible action . A motion was made by Commissioner Grace, seconded by Commissioner i Bertino to adopt on second reading the ordinance amending Section - 13-32 of Article II , Chapter 13, of the Code of Ordinances of the City of Dania regarding responsibility of owners of privately owned �. .. property within the City of Dania; providing for assessments of costs ; providing for liens ; and providing for payment of interest on liens . The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes Emergency Administrative Ordinance (First and Second Readings ) 4 . 17 City Attorney Adler read the title of the ordinance amending its M budget for the fiscal year 1988-89 by changing the sewer fund budget revenues and appropriations for expenditures for the fiscal year 1988-89 to increase said sewer fund budget estimated revenues and appropriations for expenditures from the total of $1 ,291 , 600 to $1 , 366, 600 by increasing the use of prior years surplus in the amount of $75,000. The Mayor then opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing and opened to the Commission for possible action . i A motion was made by Commissioner Bertino, seconded by Commissioner Cook to adopt this ordinance on first reading . i The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes I Commissioner Grace-yes ! A motion was then made by Commissioner Bertino, seconded by Commissioner Cook to declare the second reading of the ordinance an emergency item due to the time frame . Ll Regular Commission Meeting 8 September 26, 1989 o �N n: 1 The motion passed on the following roll call vote : <' Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes E Commissioner Grace-yes � k The Mayor then opened the public hearing for second reading of this j ordinance . Hearing no one speak in favor or opposition, the Mayor then closed the public hearing and opened to the Commission for possible action. K A motion was made by Commissioner Cook , seconded by Commissioner Grace to adopt the ordinance on second reading amending its budget for the fiscal year 1988-89 by changing the sewer fund budget revenues and appropriations for expenditures for the fiscal year 1988-89 to increase said sewer fund budget estimated revenues and j appropriations for expenditures from the total $1 , 291 , 600 to i $1 ,366 , 600 by increasing the use of prior years surplus in the amount of $75, 000. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 5. SITE PLAN REQUESTS - None 6 . EXPENDITURE REQUESTS - None 7 . SPECIAL REQUESTS 7 . 1 Mr. Marc Sessa stepped forward to request permission to file an application for vacation of alley along with a waiver for replatting. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Grace to grant the request by Marc Sessa to file an application for vacation of alley along with a waiver for replatting . } The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 7 . 2 Pastor W.C. Byrd of the Ebenezer 7th Day Adventist Church stepped forward to request approval to solicit for funds door-to-door for the Thanksgiving and Christmas Holidays as donations to help the needy. A motion was made by Commissioner Grace , seconded by Commissioner Bertino to grant the request to Pastor W.C . Byrd to solicit for funds door-to-door starting as soon as possible and going through to December 31 , 1989 . The motion passed on the following roll call vote : 1 i i Commissioner Bertino-yes Vice-Mayor Mikes-yes a Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 1 7 . 3 Mr. Jerry Klein stepped forward to request issuance of an I occupational license for an auction. 1 II Regular Commission Meeting 9 September 26, 1989 FFF i A motion was made by Commissioner Cook, seconded by Commissioner Grace to continue this request until the next Regular Commission Meeting of October 10 , 1989 . The motion passed unanimously. Addendum Item - Special Request j7.4 City Attorney Adler read the title of the Resolution approving that certain contract between Metro-Broward Professional Fire Fighters Local 3080 , International Association of Fire Fighters and I City of Dania, covering the period from October 1 , 1989 through i September 30 , 1992 . I Vice Mayor Mikes presented his concerns with regards to the wage i reopener clause in the second and third year along with the high benefit package that could mean increased taxes to the City of Dania in the years to come. After hearing from several Dania residents speak in opposition and the union representatives speak in favor of this contract , a motion was made by Commissioner Bertino, seconded by Commissioner Cook to enter into this agreement as stated by Mike Smith that it will only apply to the Fire Department and not the Police Department . After further discussion, a motion was made by Vice-Mayor Mikes , seconded by Mayor McElyea , after passing the gavel , to table the approval of this contract until such time as a workshop and/or executive session has been conducted to define the details of the contract with the Sheriff ' s office on the additional police employees in relation to the pension ordinance . The motion to table failed on the following roll call vote : Commissioner Bertino-no Vice-Mayor Mikes-yes Commissioner Cook-no Mayor McElyea-yes Commissioner Grace-no i Further discussion followed involving several Dania citizens requesting a public hearing and additional Fire Department personnel requesting approval since negotiations have been going on since June. The motion to approve the contract passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-no Commissioner Grace-yes 7 . 5 Commissioner Bertino requested full Commission support to direct City Manager Flatley to request to reinstitute service contracts with Broward County regarding the airport until a DRI (Development Regional Impact) is signed and settled for development of the airport in that particular area and until that area can be developed so that Dania can receive additional tax monies. A motion was made by Commissioner Cook , seconded by Commissioner Bertino to direct City Manager Flatley to continue to pursue this request with the County. The motion passed on the following roll call vote : 4 Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes j 7 . 6 City Manager Flatley informed the Commission of a request by Seacoast Sanitation to increase its annual fee to offset the new disposal rate of $40 per ton. L i I Regular Commission Meeting 10 September 26 , 1989 1 (0000* A motion was made by Commissioner Cook, seconded by Commissioner 1 Bertino to grant the request by Seacoast Sanitation to increase its annual fee to offset the new disposal rate of $40 per ton. i The motion passed on the following roll call vote: j Commissioner Bertino-yes Vice-Mayor Mikes-yes { Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 8. APPOINTMENTS - None i 9 . DISCUSSION i9 . 1 City Manager Flatley requested approval to add the second reading of the ordinance permitting payment to trustees of the retirement system for administrative services rendered to the next regularly scheduled meeting . A motion was made by Commissioner Bertino, seconded by Commissioner Cook to advertise and add this ordinance to the next regular scheduled meeting for second reading . The motion passed on the following roll call vote : f Commissioner Bertino-yes Vice-Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes ..4 10. CITIZEN'S COMMENTS - None i 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager City Manager Flatley informed the Commission that he will just add the ordinances relating to board recommendations onto the consent agenda rather than bringing them to the Commission first so as not to delay time. The Commission agreed . 11 . 2 City Attorney City Attorney Adler informed the Commission that they would be receiving a new ordinance on notice for zoning , variances and special exceptions and also a form of notice that will be sent out to the property owners within the described limits of 300 feet for their approval prior to being put into use . 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino - no comment 12.2 Commissioner Cook Commissioner Cook read a letter received from Mr . Keith L. Densley of O.R. Colan & Associates, Inc. to confirm that there are no plans to acquire property in the N.E. section of Dania and confirmed to the audience that there are no plans to condemn any property in the N.E . section of Dania . 12 .3 Commissioner Grace Commissioner Grace waived her time in order that Captain Hernandez could address the Commission at this time. I i Regular Commission Meeting 11 September 26, 1989 x � I f f Captain Ralph Hernandez commended the City of Dania for their decision to turn the Dania Police Department over to the Broward Sheriff ' s Office that was effective one year ago. Captain Hernandez informed the Commission that the transition has been very smooth and that burglaries, robberies and drug problems have decreased from 20 to 35% since the merge of the City of Dania with the Broward County f Sheriff ' s Office . 12. 4 Vice-Mayor Mikes jt Vice-Mayor Mikes reiterated on Commissioner Cook ' s item ! regarding property possibly being condemned in the N.E. section of Dania. He informed the Commission that if property owners are within the building restriction line of the airport for the 1331 runway, s which is part of the Part 150 Approval Process and the easement purchase by the County, that these property owners will have the right to future inverse condemnation suits . He also advised the Commission that the Broward County Aviation Department is reluctant in commenting on this issue. 12. 5 Mayor McElyea Mayor McElyea requested that Dave Preacher be given an E, opportunity to address the item in the N.E. section of Dania . t Dave Preacher commented on the unreliability of information f received from the County regarding the N.E. section of Dania. Mayor McElyea regretfully informed the Commission that Mrs . Geneveve Ely passed away on September 24 and that memorial services ° will be held at Johnson Foster Funeral Home at 7 : 00 p.m. September 27. This regular commission meeting was then adjourned . I f Mayor-Commissioner City Clerk-Auditor i C 1 1 i { i i Regular Commission Meeting 12 September 26, 1989 IL %'F7 h .k AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 26, 1989 8:00 P.M. f t INVOCATION I 6 PLEDGE OF ALLEGIANCE E ROLL CALL i PRESENTATIONS - Dania Democratic Club 1 . CONSENT AGENDA Minutes 1 . 1 Workshop meeting of September 7 , 1989 y 1 . 2 Regular meeting of September 12, 1989 1 . 3 Special meeting of September 13 , 1989 a J Bills i 1 . 4 As paid for the months of May, June , July & August , 1989 j Resolutions 1 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE LARGE i USER RAW WATER AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE ." 1 . 6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AMENDMENT TO PARKING METERS AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA, AND STROYNE BROTHERS S0.'TH, !NC. OF MIAMI; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS 10 EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 . 7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RELATING TO NE 7TH AVENUE SPECIAL ASSESSMENT DISTRICT IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES, ADOPTING THE ASSESSMENT ROLL FOR NE 7TH AVENUE SPECIAL ASSESSMENT DISTRICT AS PREPARED BY THE CITY CLERK AND ATTACHED HERETO AS EXHIBIT "A" ; AUTHORIZING THE CITY COMMISSION TO ACT AS AN EQUALIZATION BOARD; PROVIDING FOR THE FURNISHING OF TEN DAYS WRITTEN NOTICE TO ALL PROPERTY OWNERS AFFECTED; REQUIRING THE FILING OF THE PROOF OF PUBLICATION OF THIS RESOLUTION; MAKING REFERENCE TO RESOLUTION NO. 94-89 DIRECTING AN AFFIDAVIT OF PUBLICATION BE OBTAINED; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 .8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN CITY OF DANIA AND STEPHENS DISTRIBUTING CO. , INC. , AND PROVIDING FOR AN EFFECTIVE DATE . " 1 L CONSENT AGENDA (continued) 1 . 9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE BY-LAWS OF THE DANIA NEIGHBORHOOD IMPROVEMENT DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE . " Ordinances `I 1 . 10 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION I 13-73 OF ARTICLE V OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY CHANGING THE SECTION DESIGNATION FROM SAID SECTION 13-73 OF ARTICLE V OF CHAPTER 13 TO SECTION 13-33 OF ARTICLE II OF CHAPTER 13 ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." j l 1 . 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 9 . 31 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF I DANIA, FLORIDA, TO PROVIDE THAT FIRE PUBLIC SAFETY FACILITIES FEES SHALL BE PAID AT THE TIME OF ISSUANCE OF BUILDING PERMITS ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " i i 2. PROCLAMATIONS 2. 1 National Employ the Handicap Week - 10/2 - 10/7/89 3 . BIDS - none 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management 4 . 1 Petitioner - Berry & Calvin; Owner - Robert Graf Estate; property located on the NW corner of SE 5 Avenue and 7 Street Public Hearing - PL-60-89 - ( second & final reading of ordinance ) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "GLEN-LAUREN HOMES" , SAME BEING: THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 3 , TOWNSHIP 51 SOUTH, RANGE 42 EAST, SAID PROPERTY SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 5. 2431 ACRES ( 228, 389 SQ. FT. ) MORE OR LESS ; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "GLEN- LAUREN HOMES" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN i EFFECTIVE DATE. " 4 . 2 Petitioner/Owner - Marine Conversions , Inc . ; property located at 801 NE Third Street i Public Hearing - VA-36-89 - A variance is requested to allow the use of a trailer as a temporary office for a time period to be determined by the City Commission. 4 .3 Petitioner/Owner - Frank Mirrer; property located at 1476-80 South Dixie Highway Public Hearing - SE-56-89 - A special exception is requested to allow an enclosed vehicle service establishment . i 2 r L� PUBLIC HEARINGS (continued) 4 . 4 Petitioner - Richard Feragorini ; Owner - Barnett Bank of South Florida; property located at 1301 South Federal Highway A) Public Hearing - RZ-57-89 (second 6 final reading of ordinance) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOW- ING DESCRIBED WITH LANDS, TO-WIT: LOTS 6 THRAOURECORDED GH 13 , DINETHER PLAT BOOK r LOTS 18 THROUGH 23 , BLOCK 3 , "DIXIE WAY" , e 12 , PAGE 4 ,THROUGH THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID tY LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY,SITUATE, FLORIDA, FROM PRESENT ZONING CLASSIFICATION TO C-3 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDING THAT ALL F ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." e) Public Hearing - LUF-62-39 - A land use flex change is requested to allocate 0 . 63 acres of commercial flex acreage . 4 . 5 Petitioner - George Murray ; Owner - Brenda Miller; property located at 1001 SW 12 Avenue Public Hearing - VA-58-89 - A variance is requested to permit the following : a) 11 ' exterior side yard setback ( 15 ' required ) ; i b) 21 ' front yard setback ( 25' required) . i 4 . 6 Petitioner/Owner - Bernadette Mazza; property located at 414 SE f "1 Third Street Public Hearing - VA-59-89 - A variance is requested to allow the construction of a screen enclosure with a 4 ' rear yard setback �r ( 15 ' required) . Administrative Resolutions 4 . 7 "A RESOLUTIONCITY CHARTER ANDFSECTION THE r200 .065,Y OF � FLORIDA STATU'TESRIA, FLORIDA, AS EAPPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1989-90; AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. " A-.nj THE 4 .8 CITY CHARTER ANDFSECTIONTY OF 200 .065 DANIA,FLORIDARSTATUTESR,EFORR B"A RESOLUTION Y THE THE APPROVAL AND ADOPTION OF THE ANNUAL BUDGET OF THE CITY OF DANIA, FLORIDA, FOR THE FISCAL YEAR 1989-90; AND PROVIDING THAT ALL RESLUTIONS REPE O PARTS ALED TO THE EXTENT OFR SUCH U CONFLICTTIONS IN HEREWITH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 4 .9 RESOLUTION T FLORIDA, AND MAKING APPROPRIATIONS ATO S FOR PTHE G ANNUAL THE FISCAL WATER FUND BUDGET YEAR BEGINNING OCTOBER 1 , 1989 , AND ENDING SEPTEMBER 30 , 1990 , FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 3 i L� PUBLIC HEARINGS (continued) 4 . 10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1989 , AND ENDING SEPTEMBER 30 , 1990 , FOR THE MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF j RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " Administrative Ordinances (second & final reading ) 4 . 11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1988-89 BY CHANGING THE WATER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1988-89 TO INCREASE SAID WATER FUND BUDGET ESTIMATED REVENUES AND t APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $1 , 331 , 105 TO $1 ,347 , 105 BY INCREASING THE USE OF PRIOR YEARS SURPLUS IN THE AMOUNT OF $16,000 ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . " I 4 . 12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 27-38 OF ARTICLE II OF CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED: " RATES AND CHARGES FOR s SERVICE" AND PROVIDING THAT EXCEPT AS HEREIN AMENDED ALL OTHER I PROVISIONS OF CHAPTER 27, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF DANIA SHALL REMAIN IN FULL FORCE AND EFFECT; AND PRO- VIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLU- TIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE" 4 . 13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING; SECTION 13-68 AND SECTION 13-69 (a) (b) (c) (g ) (h ) & ( i ) OF ARTICLE IV, CHAPTER 13 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA TO PROVIDE FOR CHARGES FOR PICK UPS OF GARBAGE AND TRASH AT RESIDENTIAL AND COMMERCIAL SITES ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4 . 14 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 5 , PART II OF THE CITY CHARTER ENTITLED "SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS" BY THE ADOPTION OF THE PROVISIONS OF CHAPTER 170 , FLORIDA STATUTES , FOR THE ASSESSMENT AND COLLECTION OF SPECIAL ASSESSMENTS WITHIN THE CITY; PROVIDING FOR SEPARABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 4 . 15 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 26-34 , ARTICLE III , OF CHAPTER 26, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, REGARDING SITE PLAN REVIEW FOR SINGLE FAMILY RESIDENCES ; REPEALING SUB-PARAGRAPH (a) THEREOF; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " I 4 J a 1 r � 4 . 16 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-32 OF ARTICLE II , CHAPTER 13 , OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, REGARDING RESPONSIBILITY OF OWNERS OF PRIVATELY OWNED PROPERTY WITHIN THE CITY OF DANIA; PROVIDING FOR ASSESSMENTS OF COSTS; PROVIDING FOR LIENS ; PROVIDING FOR PAYMENT ; OF INTEREST ON LIENS; AND PROVIDING THAT ALL ORDINANCES OR PARTS f OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN ss CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " 5. SITE PLAN REQUESTS - none f Y 6 . EXPENDITURE REQUESTS - none 7 . SPECIAL REQUESTS 7. 1 Request by Marc Sessa and others for permission to file an 1 application for vacation of alley along with a waiver for replatting . f 7 .2 Request by Ebenezer 7th Day Adventist Church for a door-to-door solicitation permit . 7.3 Request by Jerry Klein for issuance of occupational license for auction . 8. APPOINTMENTS - none 9 . DISCUSSION 9. 1 Discussion prior to scheduling second reading of ordinance �r-•� permitting payment to trustees of the retirement system for administrative services rendered . 10 . CITIZENS' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 : 00 p.m. the second ( 2nd ) and fourth ( 4th) Monday of each month . Comments of any nature will be responded to by the office of the City Manager . In the event that the concern remains unresolved , the citizen( s ) or party will be asked to address the City Commission during the meeting . 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager 11 . 2 City Attorney j 12. COMMISSION COMMENTS 12. 1 Commissioner Bertino I 12.2 Commissioner Cook 12.3 Commissioner Grace j12.4 Vice Mayor Mikes 12 . 5 Mayor Mc Elyea ---------------------------------------------------------------------------- ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTI- MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I 5 I J t ADDENDUM DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 26, 1989 8:00 P.M. i f 1 . CONSENT AGENDA (continued) 1 . 11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1988-89 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS ; AND PROVIDING THAT ALL RESOLUTIONS OR PART OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . " 1 . 12 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN ADDENDUM TO 1988-91 SERVICE AGREEMENT DATED AUGUST 30, 1988 , BETWEEN THE CITY OF DANIA, FLORIDA AND NICK NAVARRO, AS SHERIFF OF BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. " 4 . PUBLIC HEARINGS (continued) Administrative Ordinance ( First and Second readings ) 4 . 17 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1988-89 BY CHANGING THE SEWER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1988-89 TO INCREASE SAID SEWER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $1 , 291 , 600 TO $1 , 366, 600 BY INCREASING THE USE OF PRIOR YEARS SURPLUS IN THE AMOUNT OF $75 ,000 ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . " (emergency due to time frame) 7 . SPECIAL REQUESTS (continued) ...ol 7 . 4 Request approval of Firefighters ' contract . Commissioner Bertino "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN CONTRACT BETWEEN METRO-BROWARD PROFESSIONAL FIRE FIGHTERS LOCAL 3080 , INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AND CITY OF DANIA, COVERING THE PERIOD FROM OCTOBER 1 , 1989 THROUGH SEPTEMBER 30 , 1992; AND PROVIDING FOR AN EFFECTIVE DATE. " 7 . 5 Direct City Manager to ask for extension of service contracts with Broward County regarding the airport . Commissioner Bertino 7 . 6 Request by Seacoast Sanitation to increase its annual fee to offset the new disposal rate of $40 per ton . i I } a.' I M #1 . 11 l i RESOLUTION NO. i A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING ITS BUDGET FOR THE FISCAL YEAR 1988-89 BY MAKING LINE ITEM CHANGES BETWEEN DEPARTMENTS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN -� EFFECTIVE DATE. j WHEREAS, the budget of estimated revenues and appropriations _ for expenditures for the fiscal year 1988-89 d1 has been approved by � the City Commission of the City of Dania, Florida, and - WHEREAS, certain changes to said fiscal year budget of _ appropriations for expenditures are now necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: r 'fi?KA`tr` r Section L. That the General Fund budget for the fiscal year 1988-89 be and the same is hereby amended, deleted and otherwise changed as follows: i i APP. BUD. PLUS OR REVISED 1988-89 MINUS ESTIMATE EXPENDITURE j a � 0210 ADMINISTRATION , 3310 Professional Services 27,050 r�. e �+'•;'�-.�}r o- .,i 9920 Contingency 20 468 -650 26,400 j 0600 CITY ATTORNEY ' -20,000 468 K ' '•' - 0400 Travel a Training 500 650 it ✓ 1,150 . 1120 STREETS 6 PARKS 3433 Trash Dump Fees 160,200 20,000 ' 180,000 Total 208,218 0 208,018 i Section 2. That all resolutions or parts of resolutions - in conflict herewith be repealed to the extent of such •s;�.oui;17'.,A �3r. `;' �� conflict. Section 3. That this resolution shall be in force and - take effect immediately upon its passage and adoption. I PASSED and ADOPTED on the day of 1989. i a MAYOR-COMMISSIONER CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS i� FRANK C. ADLER, CITY ATTORNEY ' City of Dania, Florida i 9 i 3 i r I 1 Nul� '+io t T7 v r**r'M #1 . 12 f } RESOLUTION NO. 1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, '. > . a' APPROVING THAT CERTAIN ADDENDUM TO 1988-91 SERVICE AGREEMENT DATED AUGUST 30, 1988, a BETWEEN THE CITY OF DANIA, FLORIDA AND NICK NAVARRO, AS SHERIFF OF BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: 1 - Section 1. That that certain Addendum to 1988-91 Service t - Agreement dated August 30, 1988, between the City of Dania, Florida and Nick Navarro, as Sheriff of Broward Count ._ Y, a copy of which is annexed hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are directed to execute same. . b., Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. 4 �A PASSED and ADOPTED this day of 1989. 1 ATTEST: MAYOR - COMMISSIONER i CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS i ai h f�+w >t+ ' -fttaryg FRANK C. ADLER, City Attorney } fin,.' ' J Resolution No. . . F-7, ADDENDUM TO 1988-91 SERVICE AGREEMENT DATED AUGUST 30, 1988 j 1 itr j This Addendum to Service Agreement, made and entered into in I i ' Broward County, Florida, this day of 1989, by j and between the City of Dania, a municipal corporation organized i and existing under the laws of the State of Florida, which i I municipality is fully located within the boundaries of Broward County, Florida, hereinafter referred to as "CITY" and Nick Navarra, as Sheriff of Broward County, Florida, hereinafter referred to as "SHERIFF". WITNF,SSETH: i WHEREAS, the CITY, heretofore contracted with the SHERIFF to provide for municipal police services; and WHEREAS, the CITY is desirous of increasing the number of I sworn personnel to be provided by the SHERIFF and, in connection .: �•7Sh hrriYbl" ,w„ „�,yw�gJ�y�,� therewith, of making an amendment to the effective Service Agreement; and •1°"" WHEREAS, the CITY has heretofore agreed to pay the SHERIFF a sum not to exceed a five percent (58) increase for operations for the period of the agreement beginning October 1, 1989 and ending September 30, 1990, and, in connection therewith, of making an , ^� amendment to the effective Service Agreement. NOW, THEREFORE, in consideration of the sums hereinafter set forth and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed as follows: 1. Amendment No. 1: Subsection 1.2.5 is hereby amended as Yp• , follows: 1.2.5 (F) One (1) motorcycle deputy. 2. Amendment No. 2: Subsection 8.1 is hereby amended as follows: } '•_ f _ 8.1 The CITY shall pay to the SHERIFF in consideration , ��s�•'�>T�><.'�s�. -•�v, Ys.�. of increased operating costs and additional services to be performed for the term hereof, the sum of Two Million Four Hundred Sixty-Three Thousand One Hundred Eighty-Five and no/100 Dollars ($2,463,185.00), which sum shall be payable monthly, in advance in i J j - equal installments of Two Hundred Five Thousand, Two Hundred Sixty-Five Dollars and Forty-One Cents ($205,265.41) for the period beginning October 1, 1989 and ending September 30, 1990, i : The j yearly payment shall be reduced by $27,750.00 for the term f October 1, 1989 through September 30, 1990 thus reducing the jmonthly payment by $2,312.50, for the term October 1, 1989 through S September 30, 1990 for consideration of the rental of the Division Headquarters. 3. Amendment No. 3: That monthly payments by CITY to - SHERIFF shall be reduced by a sum equal to the collective monthly earnings of those employees of SHERIFF who elected to remain in the CITY's retirement system multiplied by the prevailing rate of contributions to the Florida Retirement System for employee's various classifications. Except as herein amended, all other provisions of the original contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the date and year first above written. CITY OF DANIA, FLORIDA, a municipal corporation of the State of Florida By. City Manager ATTEST: By: j - Mayor - Commissioner ' - City Clerk - Auditor APPROVED AS TO FORM AND CORRECTNESS By: j . ^'_.•.--° rL'??:' +'*x Frank C. Adler, City Attorney NICK NAVARRO i SHERIFF OF BROWARD COUNTY Witness NICK NAVARRO 1t Witness 'yj 4y}i4 ,+e'Ya"� a T"•1 C APPROVED AS TO FORM AND CORRECTNESS BY: Counsel to the Sheriff of 141 ITr)4 . 17 i A ORDINANCE NO. r. AN ORDINANCE OF THE , Y OF DANIA,AMENDING ITS BUDGET FOR THE FISCAL YEAR111988-89 BY f CHANGING THE SEWER FUND BUDGET REVENUES AND APPROPRIATIONS FOR EXPENDITURES FOR THE FISCAL YEAR 1988-89 TO INCREASE SAID SEWER FUND BUDGET ESTIMATED REVENUES AND APPROPRIATIONS FOR EXPENDITURES FROM THE TOTAL OF $ 1,291,600 TO $1,366,600 BY INCREASING THE USE OF PRIOR YEARS ;i SURPLUS IN THE AMOUNT OF $75,000; AND PROVIDING a THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL 3 RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH 7{� CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Sewer Fund budget of estimated revenues and appropriations for expenditures for the fiscal year 1988-89 has been approved by the City Commission of the City of Dania, Florida, and WHEREAS, certain changes to said fiscal year Sewer Fund budget of appropriations for expenditures are now necessary as - follows: a) appropriate prior year's surplus in the amount of $75,000 and b) increase appropriations for purchase of sewer service from Hollywood from $597,000 to $672,000, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the Sewer Fund budget for the fiscal year x 1988-89 be and the same is hereby amended, deleted and otherwise S S" changed by increasing the total estimated revenues and appropriations for expenditures from the sum of $1,291,600 to $1,366,600. i' Section 2. That all ordinances or parts of ordinances and a all resolutions or parts Of resolutions in conflict herewith be repealed to the extent of such conflict, I xt h 4 ORDINANCE NO. r Section 3. That this ordinance shall be in force and take effect immediately upon its final� passage and adoption. ! PASSED and ADOPTED on First Reading on the 1989. day of ' t PASSED and ADOPTED on Second and Final Reading on the r ,1 � daY of -_ 1989. I :j MAYOR-COMMISSIONER CITY CLERK-AUDITOR .i APPROVED FOR FORM AND CORRECTNESS t FRANK C. i AOLER, CITY ATTORNEY jCity Of Dania, Florida ,.i w- I r: i it y , ORDINANCE NO. FT . RESOLUTION N0. Ipppi A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ` APPROVING THAT CERTAIN CONTRACT BETWEEN "r METRO-BROWARD PROFESSIONAL FIRE FIGHTERS LOCAL I 3080, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AND CITY OF DANIA, COVERING THE PERIOD FROM OC'TOBER 1 , 1989 THROUGH SEPTEMBER ; 30, 1992; AND PROVIDING FOR AN EFFECTIVE DATE. � I i BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, i FLORIDA: Section 1. That that certain contract between Metro-Broward Professional Fire Fighters Local 3080, International Association of Fire Fighters and City of Dania, covering the period from October 1, 1989 through September 30, 1992, a copy of which is annexed hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this day of 1989. ' MAYOR - COMMISSIONER ? ATTEST: �x..a� II •� � P �ti i 5x ,�jE CITY CLERK - AUDITOR 1 APPROVED AS TO FORM AND CORRECTNESS I i FRANK C. ADLER, City Attorney G = `„ Resolution No. J , J A 4 M1 1.114�! �1� v`,,. 4 � ti Y I 71 li, ryj+rJt j°4 i I i 4 ' BROWARD 989.5774 �'. l DADE 94$•8868 SEACOAST SANITATION INC. GARBAGE AND TRASH REMOVAL P. O. BOX 4335 WEST HOLLYWOOD, FLORIDA 33023 September 19 , 1989 F Mr. Bob FCattey, City Managen City o6 Dania, Town Hatt 00 W. Dania Beach Boutevard 4 Dania, FZor.ida 33004 i Subject: Dump .Lnereaze e66eet.ive 1011189 Dean Mt. Ftattey: j Enetosed pCease 6.ind a Zettet dated September 14 , 1989IA f� 6rom Centrat D.isposat. As you can see, .they have .in6ormed us that .the .inetease .instead o6 being 6tom $34 . 00 a .ton to $39 . 00 a .ton, w.i2C be a doUat mote a .ton 6rom $34 . 00 a .tan ` to $40 . 00 a .ton. Due to this .in6otmation we have revised .the 6.tgutes Got .the .ineneaze to .the City o6 Dania e66eet.ive October 1 , 1989 . They ate as 6o towz : Using .the average mon.thl'y tonnage o6 513 .tons .taken 6tom { .the City, and the new d.isposat rate o6 $40. 00 pen ton, .the I monthty -increase w.iU be $3, 018 . 00 m . 83 pet unit. IIII There6ote, .the new month£y change e66eet.ive October 1 , 1989 ..,, should be $39, 336 . 44 on $10 . 58 pet unit based on the curtent contract unit count o6 3718 . j since, Y_ your! , Louis Manzetta President LM/vt eneCosute: 1 i i z , a y SY{ 4 J GAY$ ?, } NIVN Mrt4vr £ a 'u � 2yy. ,Ay, ICY 71" TEM #7.3 CITY OF DANIA — i INTER-OFFICE MEMORANDUM TO: The Honorable Mayor and Commissioners FROM: Robert F. Flatley, City Manager�j� I RE: Sanitation Contract (� DATE: September 25, 1989 Seacoast Sanitation previously notified us that effective October 1 , 1989 , Central Disposal would be increasing their rate for disposal from $34 to $39 per ton . We have now been advised that the new disposal rate will be $40 per ton. The annual fee to Seacoast will be increased to $472,040, which is $6,260 more than currently proposed in the 89/90 budget . nd w- 3-1 I I i I I I I i I i II a 1 I � ) Y I � 1 f Central Disposal 3000 N.W.40th Street Pompano Beach, Florida 33073 I� 305/977-9551 A Waste Management company September E Dear Valued Customer: E i On June 29, 1989 , we 'issued a Price increase letter to all our Upon further scrutinization of our new landfill development expenses required to be in compliance with environmental regulatory issues , effective October 1 , ly8y, our new price structure will be as follows: Trash $Garbage,Garbage, 9 . 5U per• cubic yard ( unchanged ) 40. 00 per ton Tires 75 . 00 per ton Asbestos (00 . 00 per cubic Yard Because of Florida whole tires in landfills ,stiresrmustebelbroughJult tI , 1989sbanning loads containing banning g only tires . fruclrs dumping tires mixed l found in the active area with garb assessed one of the following age and trash loads will be lowing charges : -- $ 1 . 00 per tire if your driver puts the tire in the designated roll-off container. -- $ 10 . 00 prr tire if, Cr•ntrvrl Uisposnl tires it, d has to put your As a reminder, Lhe csignnted roll-off container. ConLr'«1 Disposal (Ines not accept used waste batteries . ,Qw�r oil and Effective January 1 , 1990, Florida le Of white goods legislation will ban the burial machines ( r ' , s appliances such as refrigerators , washing etc. ) in sanitary landfills . In compliance with this new law, Central Disposal is currently planning an on-site collection area for these goods in order to serve our customer needs . We at Central Disposal appreciate your business and are dedicated j to providing this community with an environmentally sound sanitary landfill . Should you have any questions, I am available at the above phone number. Sincerely, 1 i'lichael Berg . General Nannger I .r s, M �1 t I F1 t i r r. fi 71 , ,. DANIA ®EHOCIRAYIC- CLUB P.O. BOX 37 • DANIA, FLORIDA 33004 i 922-8700 F R O P O S A L OFFICERS Commissioners and City Manager Jim Silvernale President S Ron Costelloon of two flagstaffs for Dania Memorial Park Vice President t Lawn Park. Marilyn Silvernale Secretary Esther Weisberga Democratic Club is going to donate (2) two Treasurer nd (2 ) two United States flags to the city idents to help beautify our cemetaries . The flagstaffs will be placed in the two cemeteries BOARD in Dania - Dania Memorial Park and the West Lawn Park. OF DIRECTORS The height of the flagstaff to be placed at Dania Memorial Park will be 35 feet and the flagstaff to be Bubba Kurt Ely Gallo placed at West Lawn Park will be 30 feet . The flag size Chris Ryan for each park will be 4 ' x 71 . This donation will be at Shirley Saantos a cost of five hundred dollars ($500.00) for each park John Tamburello and will include the installation of each flagstaff.Toni Vargo We are requesting that the City of Dania will : Gus Vass Maureen Vass 1) Donate a section in each park to place the Carl 'Zenobia flags . Eleanor Zenobia Tim Ryan 2) Waive all permit fees in the installation of Parliamentarian the flagstaff, 3) That the City of Dania would maintain each flagstaff and flags. Since the recent ruling of the United States Supreme Court concerning the burning of the American flag, the Dania Democratic Club would like to go on record as against this ruling and to shot: in our own way that every day we are reminded that the flag of the United States is a symbol of a free and independent nation and to preserve i the respect of our lost soldiers who protected this country. i L ,5 1 f, Y t