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Home My WebLink About31230 - MINUTES - City Commission j i j MINUTES DANIA CITY COMMISSION REGULAR MEETING I JULY 11 , 1989 INVOCATION - City Clerk Wanda Mullikin I i PLEDGE OF ALLEGIANCE ROLL CALL: Present - j Mayor: Charles McElyea Vice Mayor: Bob Mikes Commissioners: John Bertino Jean Cook Bobbie Grace City Attorney: Frank Adler i City Manager: Robert Flatley City Clerk: Wanda Mullikin PRESENTATIONS Commissioner. Joe Dillelo thanked the Commission for support and presented two checks from Port Everglades for funds for the Coast Guard Auxiliary Station' s use of the Civic Center . 1 . CONSENT AGENDA Minutes it 1 . 1 Regular meeting of June 13 , 1989 . 1 .2 Workshop meeting of June 20 , 1989 . Ordinances 1 .4 The title of an Ordinance providing procedures for complaints , investigations of fires, inspections prior to issuing permits , j periodic inspections , recovery of costs , non-interference with i fire officials; billing and collection of fire safety inspection j fees was read by City Attorney Adler. PULLED FROM CONSENT AGENDA: Resolution I 1 .3 A resolution approving modification of lease and licensing agreement between the City and the Aragon Group, Inc . Commissioner Cook asked City Attorney Adler to explain why this resolution is necessary. City Attorney Adler stated that this resolution approves a legal description for the property that is owned and leased by the City from the Aragon Group. Vice Mayor Mikes stated that the returns on the lease is not what the City expected. In addition, he stated that the City speak with Seafair' s management . Vice Mayor Mikes made a motion to table this to a workshop meeting to discuss the intent of the property, Commissioner Cook seconded the motion. The motion passed unanimously. i i Commissioner Cook then made a motion to approve the consent I agenda . Commissioner Grace seconded the motion . 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 t 2. PROCLAMATIONS - none 3. BIDS - none Regular Commission Meeting 1 July 11 , 198 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Growth Management j 4 .1 Petitioner/Owner: Samuel Nastasi ; property located at 704 SE 3rd Lane Public Hearing - VA-32-89 - variance to allow the construction of an aluminum carport with a 10 ' rear yard setback ( 15 ' required) . (continued from 6/27/89) Samuel Nastasi came forward to explain the request . Upon the recommendation of the Commission at the meeting of June 27th, Mr. Nastasi presented the Commission with literature pertaining to the construction of the carport and photographs. Mayor McElyea opened the public hearing . After hearing objections from Susan McCarthy, Joe Riff , Bob Kaplan, Paul Goldstein, and Valente Naves the Mayor closed the public hearing . d After discussion, a motion was made by Vice Mayor Mikes , seconded by Commissioner Cook to deny this variance . 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 Ordinances ( second and final reading ) 4 .2 The title of an o-dinance providing that employees will become s members of the retirement system regardless of age and, ! w providing an option to make retroactive contributions to the retirement system for employees whose date of employment was on or after their fifty-fifth birthday. City Attorney Adler i stated that the Administration asked that this item be withdrawn until an actuary study is conducted. I A motion was made by Commissioner Bertino, seconded by Commissioner Cook to continue until an actuarial study has been conducted and presented to the Commission. The motion passed unanimously. 4 . 3 The title of an ordinance amending the City Code providing for a new license fee schedule for amusement parlors was read for second and final reading by City Attorney Adler. Mayor McElyea opened the public hearing . Seeing and hearing no one speak in favor or opposition the Mayor closed the public hearing. City Manager Flatley stated that this ordinance would provide for a fee comparable to that of surrounding Cities. After discussion, a motion was made by Commissioner Grace , seconded by Commissioner Cook to amend the ordinance by increasing the fee $1 ,000 . i Vice Mayor Mikes stated that there is not enough information provided in order for the Commission to reach a conclusion. He i suggested a workshop to further discuss the matter . A motion was made by Vice Mayor Mikes , seconded by Commissioner Bertino to table this item until a workshop is held . The motion to table was DENIED on the following roll call vote: !!!1 Commissioner Bertino-yes Vice Mayor Mikes-yes 1 Commissioner Cook-no Mayor McElyea-no Commissioner Grace-no i Regular Commission Meeting 2 July 11 , 198 7 1 i At this time Commissioner Grace' s motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Mikes-yes I Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes i A motion was made by Commissioner Cook , seconded by Commissioner Grace to approve the amended ordinance. The motion passed on the following roll call vote: Commissioner Bertino-no Vice Mayor Mikes-no Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 5 . SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none 7 . SPECIAL REQUESTS 7 .1 Request to waive Dania Chamber of Commerce fees for use of the I . T. Parker Community Center . (Gene Jewell , Board of Directors) Kurt Ely, President-elect of the Chamber of Commerce , came forward to explain the request . He stated that the Chamber of Commerce is requesting that the Commission waive the fee for the use of the Community Center for one day. Commissioner Grace stated that rather than waive the fee she would like to defray the cost in some other manner. After discussion, a motion was made by Commissioner Bertino to waive the fee. Mayor McElyea passed the gavel and seconded it . I The motion was DENIED on the following roll call vote: i Commissioner Bertino-yes Vice Mayor Mikes-no Commissioner Cook-no Mayor McElyea-yes Commissioner Grace-no i 7 .2 Request to sign an investment banking agreement with William R. Hough & Co. for the Taylor Road/7th Ave. construction . City Manager Flatley explained the request . He requested that the Commission approve the request to work with William R. Hough & Co. He stated that the City will not obligate itself financially to the debt . A motion was made by Commissioner Cook , seconded by Commissioner Grace to approve the request . After discussion, the motion passed on the following roll call . Commissioner Bertino-yes Vice Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes j 7 . 3 Request to authorize the Board of Trustees of the Dania Police & Fire Retirement System to pay a corrected pension to the widow of Officer Thomas Hampton . Vincent Thompson , Chairman of the Pension Board , came forward to explain the request . He stated that at the time Officer Hampton left employment with the City he was entitled to a lump sum ! benefit which he did not receive in full . He further stated that the Board is recommending that the widow be paid the corrected pension with interest for a total of $40 ,170.48 i Regular Commission Meeting 3 July 11 , 198 i i After discussion a motion was made by Commissioner Cook, seconded by Commissioner Bertino to authorize the Board to pay It the family of Officer Hampton from the pension fund. The motion passed on the following roll call vote: I Commissioner Bertino-yes Vice Mayor Mikes-yes j Commissioner Cook-yes Mayor McElyea-yes Commissioner. Grace-yes i B . APPOINTMENTS 8 . 1 Appointments to a political sign committee . Commissioner Cook appointed Jeanette Eby; Mayor McElyea appointed Kurt Ely, Commissioner Grace appointed Rob McCoy, Vice Mayor Mikes appointed Cliff Iacino, Commissioner Bertino withheld his appointment at this time . A motion was made by Commissioner Cook , seconded by Commissioner. Grace to approve the appointments . The motion passed on the following roll call : Commissioner Bertino-yes Vice Mayor Mikes-yes Commissioner Cook-yes Mayor McElyea-yes Commissioner Grace-yes 8 .2 Appointments to a Safe Neighborhood Advisory Board . (must be property owners or residents within the district) No action was taken by the Conmmission. I 9 . DISCUSSION 9 . 1 Discussion of action taken by the Supreme Court regarding the flag . ( Commissioner Cook) Peggy Kaffel of the American Legion came forward. She requested that the City of Dania fly the flag at half staff until Congress adopts a constitutional amendment prohibiting the burning or =a.^� desecration of the flag . A motion was made by Commissioner Cook , seconded by Commisioner Bertino to fly the City' s flag at half staff . The motion passed unanimously. Commissioner Bertino stated that it would be beneficial to initiate a campaign to adopt the amendment through state ratification. A motion was made by Commissioner Bertino, seconded by Commissioner Cook to instruct City Attorney Adler to prepare a resolution supporting the amendment to prohibit desecration of the flag and send this resolution to State and Federal legislative leaders. The motion passed unanimously. 9 . 2 Discussion of using Law Enforcement Trust Fund money to purchase roll-type hurricane shutters for City Hall atrium for hurricane protection and additional sleeping cots for emergency personnel . I City Manager Flatley stated that this would ensure proper f preparation in cases of emergency. ! I I A motion was made by Commissioner Cook , seconded by Commissioner Grace to approve . 1 Vice Mayor Mikes expressed concern over the safety of the L building once the shutters are placed . He suggested that an engineering firm be contacted to ensure the safety of the building . Regular Commission Meeting 4 July 11 , 198 i N , I I I f At this point , the motion passed unanimously. j 9 . 3 Discussion of curfew regulation. (Commissioner Grace) Commissioner Grace expressed concern regarding the curfew of children. She proposed that the curfew be extended to 11 :00 p.m. on weekdays for those children who work and to 12 midnight during the weekends when a dance is held. Lieutenant John Felton came forward and stated that the curfew is used only as a discretionary tool by law enforcement officers . 10 . CITIZENS' COMMENTS - none 11 . ADMINISTRATIVE REPORTS 11 .1 City Manager - no comment j 11 .2 City Attorney Adler - no comment . 12. COMMISSION COMMENT 12 . 1 Commissioner Bertino commended Vice Mayor Mikes for helping the Coast Guard and Mayor McElyea for helping the Chamber of Commerce . t 12 . 2 Commissioner Cook - no comment j 6 12 .3 Commissioner Grace commented on the serious problem with trash pick ups . t 12 .4 Vice Mayor Mikes also expressed concern over trash pickup. Also, he stated that a meeting will be held on Monday, July I 17th, at the Danian regarding the airport . He further stated that a class action law suit is being filed . 12 .5 Mayor McElyea - no comment I I a :R.4 This Regular Commission Meeting was then adjourned . MAYOR-COMMISSIMPR. CITY CLERK-AUDITOR i I I f i k I i L Regular Commission Meeting 5 July 11 , 198 :- _ 1 CITY OF DANIA Police and Fire Fighters Retirement System ITEM 7 .3 Board of Trustees 100 W.Dania Beach Blvd. Dania,FL 33004 July 5, 1989 Mr. Robert Flatley, City Manager City of Dania 100 West Dania 'Beach Boulevard Dania, FL 33004 Re: Thomas Hampton Dear Mr. Flatley: Enclosed is a resolution passed by the City of Dania Police and Fire Fighters Retirement System Board of Trustees during their meeting of June 19, 1989. This resolution concerns benefits paid to Mr. Thomas Hampton on or about June 30, 1969. In summary, the Board has found that Mr. Hampton was underpaid approximately $8,618.00. Considering interest applied from 1969 to present, the value of this benefit today is $40,170.48. The Board of Trustees is deferring the authorization to remedy this under- payment to the City Commission. The City Commission will be required to authorize the payment of $40,170.48 to Mr. Hampton's survivors prior to this amount being released. The City of Dania Police and Fire Fighters Retirement System has a complete file of back-up documents which will be made available to you upon request. If you have any questions or comments, please don't hesitate to contact me. ft i Th son, Chairman ard Enc. (1) cc: Attorney Franc Adler Attorney Robert Sugarman Mrs. Ervean (Hampton) Edison Board VT/sb L� RESOLUTION WHEREAS, Section 18-49 (4) of the Dania Code empowers the Board of Trustees of the Dania Police and Fire Fighters Retirement System "to examine into the facts upon which any pension shall heretofore have been granted under an law . . . erroneously, fraudulently, or illegally for Y Prior .any reason"" ,, and WHEREAS,, Section 18-49( 4 ) of the Dania Code empowers this Board of Trustees to reclassify any pensioner who, under any prior law, was erroneously, improperly or illegally classified and, WHEREAS, the Board of Trustees has found that the late Officer Thomas H. Hampton, a participant in the City of Dania Employees ' Pension Plan established under Ordinance No. 470 , was paid a pension benefit of $581 rather than the amount of $9 , 199. 50 which was due to him as of June 30 , 1969, and WHEREAS, the Board of Trustees of the Retirement System j wishes to take all steps possible to correct this wrong and to pay to Mr. Hampton 's widow the full amount due to Officer Hampton due to his two decades of dedicated service to this City as a Police Officer. 4, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE DANIA POLICE AND FIRE FIGHTERS RETIREMENT SYSTEM: �r- SECTION 1 . That the Board of Trustees finds that Officer Thomas H. Hampton was entitled to a disability pension benefit of $9, 199 . 50 as of June 30, 1969 because, at that time, he was disabled and unable to perform his regular duties as a Police Officer for the City of Dania and unable to perform any other duties as a City employee due to said disability; and SECTION 2. That the Board of Trustees finds that the late Officer Thomas H. Hampton was only paid $581 instead of the full benefit which was due to him; and i 3 I SECTION 3. That the Board of Trustees finds that any Release signed by Officer Hampton at that time was of no force or effect because it was signed under duress and because Officer Hampton's judgment was impaired by the ravages of his terminal illness and the medications which he had to take to endure such illness; and SECTION 4. That the Board of Trustees finds that, based upon the opinion of the Retirement System's actuaries, Officer Hampton was underpaid by $8, 618. 50 which, according to the Retirement System's actuaries, has a present value of $40, 170 . 48 as of June 30, 1989; and i 1 r SECTION 5. That the Board of Trustees, cannot, upon its own accord, expend Retirement System monies to pay this amount of Officer Hampton' s widow because of the fiduciary duties placed upon the Board of Trustees by state law and the Dania Pension Ordinance; and SECTION 6. That the Board of Trustees, exercising the powers granted to it under Section 18-49 ( 4) of the Dania Code, has reclassified Thomas H. Hampton as a participant eligible for a disability benefit in the sum of $9, 199. 50 as of June 30, 1969, of which only $581 was paid, leaving a balance of $8, 618. 50 which has a current value, as of June 30, as of $40, 170. 48; and SECTION 7. . That the Board of Trustees is, however, willing to pay the present value of the unpaid benefits to Officer Hampton ' s widow if the City Commission first approves and is willing to provide the funds necessary to provide this benefit; and SECTION 8. That the Board of Trustees of the Dania Police and Fire Fighters Retirement System repsectfully requests and encourages the City Commission of the City of Dania to authorize the Board of Trustees to pay $40 , 170. 48 (plus interest at 8% per annum beginning July 1, 1989 ) to the widow of Officer Thomas H. Hampton and respectfully requests and encourages the City Commission to provide to the Pension Board the funds necessary to pay this benefit, as determined by the Retirement System actuary. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE DANIA L CE AND FIRE FIGHTERS RETIREMENT SYSTEM ON JUNE 21, 1989. ZC R bb i _m.aT j 1 j -- 1 ) d I 1 !I I I I t , J