HomeMy WebLinkAbout1991-12-17 Special City Commission Meeting Minutes and Agenda M.
MINUTES
DANTA CITY COMMISSION
SPECIAL MEETING
DECEMBER 17 , 1991.
INVOCATION BY WANDA MULi.TFTN, CITY CLFRK
PLEDGE OF ALLFGTANCE
ROLL CALL:
Present :
Mayor : Bob Mikes
Commissioners : Bill Hyde
Bobbie Grace
John Bertino
City Attorney: Frank Adler
City Manager: Robert Flatlet'
City Clerk: Wanda Mullikin
Absent:
Vice Mayor : Charles; ?7cFlyea
A motion was made by Commissioner Bertino, seconded by Commissioner
Grace to excuse Vice Mayor McE] yea from this meeting .
The motion passed on the following roll call vote :
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Commissioner Berti-no-yes Commissioner Hyde-yes
d p Mayor Mikes-yesCommissioner Grace-Yes
PRESENTATIONS
*Ron Howard, Assistant: Director for. Victory Villas, presented a plaque
to the City of Dania and invited all Commissioners to an Open House on
January 17, 1992, at 7 : 30 a .m.
jJohn Mishna , Boy Scout Troop 452, introduced Troop 458 to the audience
and advised that they are attending this meeting in order to earn their
Citizen of. the Community Merit Badge.
Commissioner Grace requested a plaque be prepared for Sgt . William Dean,
Jr. who has served in the Gulf Crisis . She mentioned that the plaque
should be prepared right away as he will only be in Dania thru the
Christmas Holidays.
1. . Griffin Area Waste Collection :
A) Tim Tapp, Recreation Di-rector , presented the resolution
establishing rates for solid waste collection and recycling services and
also the method of billing for the Griffin Road area . Mr. Tapp
explained how he arrived at: the rate calculation of $21 . 01 and
recommended that a one-time annual billing be conducted by the City. He
recommended the cost of $ . 21 cents per month per unit be ahsorbed by
the City as part of it could be recovered from the franchise revenues
received from the hauler for the sale of recyclables .
Mayor Mikes expressed concern that annual billing may cause a burden to
some people opposed to their receiving a monthly bi.11ing spreading the
cost out .
Mr . Flatley suggested a three payment: plan option for those-, who wish tho
amount spread out. He commented on the County ' s last minute decision to
turn the billing over to the City now instead of the projected 1995
turnover . He stated that the City has had no participation in the
franchise granted to TWS and that the garbage has to go to the County
incinerator instead of the Reuter Recycling Plant .
Commissioner Hyde mentioned that people have not been notified of this
problem and felt a need to grant a payment plan as he didn ' t feel it
would be right to impose a one-time charge .
SPECIAL MEETING 1. DECEMBER 1.7 , 1.991
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Matt Morall , Attorney representing Industrial Waste Services , expressed
the position of the company that they provide a service and expect to be
paid in accordance with their contract . He felt it to be easier Co
request a one-time payment as the more time is given the harder it is to
obtain payment . He advised that. the City is suppose to pay IWS o: the
15th of the month and that they are willing to work with the City thru
the month of January until things get. started .
City Attorney Adler mentioned that, the money to he paid to the
contractor per month is $21. .01 plus $1 . 96 for the administrative county
charge to bill ; the City' s administrative charge would be $1 . 12 . He
felt the resolution could be amended to set the monthly or bi-monthly
rate of $21 . 01 plus $1. . 12 for a total of $22 . 13. The amount would be
doubled if the City decides to hill bA -monthly.
Discussion followed regarding the franchise fee to the City amounting to
$2, 600 per year at $2 . 00 a unit (1300 units) . Suggestions being made to
bill for the cost at $22 . 13 and to give a credit to the residents for
the franchise fee latter in the year . The bi -monthly amount: being $43 . 14
including the $1 . 12 for the City administrative fee and the need to send
residents in the area a letter explaining how the figures were
calculated .
Tim Tapp suggested to consider a penalty fee for late payments and City
Attorney advised that the City already has a penalty for bills after 15
days past due and that he would include it in the resolution .
"1 Commissioner Bertino expressed concern on where the money will come from
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to cover the cost in the event: some people don ' t. pay their bill . City
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Manager stated it would have to come from contingency.
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A motion was made by Comm ;siotzPr Berti_no, seconded by Commissioner Hyde
to adopt the resolution establishing solid waste collection and disposal
_-, rates for 1992 within the residential areas of that portion of the City
known as the Griffin Road area and including the terms for penalty
payments as used within the city of. Dania .
The motion passed on t.l'te following roll call vote :
Commissioner Bertino--ye:; Commissioner Hyde--yes
Commissioner Grace-yes Mayor Mites-yes
B) The Commission decided not to have the billing handled thru the
County, ,therefore, no action was needed on this item.
i C) City Attorney Adler presented a resolution approving an interlocal
agreement with Broward County to cover the auditing requirements since
the County is paying the IWS contract thru December 31 for solid waste
collection and disposal. charges.
A motion was made by Commissioner Bertino, seconded by Commissioner
Grace to adopt this resolution extending the time that the County will
pay the contractor thru December 31 , 1991 .
The motion passed on the following roll call vote:
Commissioner. Bertino-Yes Cc-,rnmis:; ioner Hyde--yes
Commissioner Grace-yes
Mayor Mikes-yes
D) City Attorney Adler commented on the changes that were made to the
agreement, with IWS that are acceptable to staff .
Tim Tapp explained that the recyclable items arm sold back to a
recycling company that has been designated by the county and a portion
of these revenues are given to the hauler and a portion is given back to
the City by a formula within their contract . He didn ' t know the amount
of revenue to expect .
SPECIAL MEFTING 2 DECEMBER 17 , 1.991
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A motion was made by Commissioner Hyde, seconded by Commissioner Bertino
to adopt the resolution approving the interlocal agreement with
Industrial Waste Service, Inc . for furnishing solid waste and curbside
recycling collection services .
The motion passed on Elie following roll call vote:
Commissioner Bertino- yes Commissioner Hyde-yes
Commissioner Grace-yes Mayor Mikes-yes
E. Pulled no action taken
2. Public Hearing
City Attorney Adler read the title of the ordinance amending the
development order for the Design Center of the Americas as requested by
Danto Investment Company amending the construction schedule for Phases 3
and 9 . He added that two paragraphs have been changed since first
reading and that the Commission will have to take action on the
amendments made to the ordinance.
Gerry Knight , representing the Design Center, expressed appreciation for
the City continuing this request due to their continued negotiations
with the South Florida Regional Planning Council . He explained that
changes were made in Section 3 and Section 5.
Will Allen , Growth Management Director, presented a letter from the
South Florida Regional Planning Council stating that they have no
objection to the amendment to the Development Order. Mr . Allen stated
that the secondary access road has been eliminated and read the text as
amended in Section 3 , paragraphs N & V, Section 1 , 01 of the Development
Order and Section 5.
Commissioner Bertino expressed concern on whether the City would be
liable if they could not provide the guaranteed capacity reserves as
stipulated in the Developer ' s Agreement . City Attorney Adler felt that
the City is not liable if they cannot provide what they may not have and
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they have no control over the county issuing moratoriums .
Discussion followed on the second emergency access being available thru
Ocean Waterway Blvd in the Ocean Waterway Mobile Home Park.
A motion was made by Commissioner Hyde seconded
cnd _d by Commissioner Bertino
to accept the language as read by Will Allen to amend the ordinance.
The motion to amend the ordinance passed on the following roll call
vote :
Commissioner Bertino. -yes Commissioner Hyde-yos
Commissioner Grace-yes Mayor Mikes-yes
Mayor Mikes opened the public hearing. Hearing no one speak in favor or
opposition, the Mayor closed the public hearing .
A motion was made by Commissioner Hyde , seconded by commi-ssioner Bertino
to adopt the ordinance as amended on second reading.
The motion passed on the following roll call \ ot.e :
Commissioner Bertino-yes Commissioner Hyde-yes
Commissioner Grace-yes Mayor Mikes-yes
3. Expenditure Request
Captain Carney, BSO, requested approval to replace one Deputy Sheriff
with one Deputy Lieutenant at a cost of $15, 000 effective October 1 ,
1992 . The Lieutenant would take the administrative duties off of the
sergeants and be available to act as a liaison between the Community.
SPECIAL MEETING 3 DECEMBER 17, 1991.
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Captain Carney responded to question, from the commissLon in reldtion to
brow this change will affect police operations in t}'ic City . Comments
were made in regards to District. T\ closina at 10 : 30 p.m . and tha
Commission ' s wishes to have the office open 24 hours a day in thr•
future .
Captain Carney commented on the lack of funds to keep the office open 24
hours and advised that a report will be distribuLed to the Commi Won on
statistical information relating to police performance and service .
A motion was made by Commissioner Bertino, seconded by commissioner Hyde
to approve the expenditure request: by BSO to replace one Deputy Sheriff
with one Deputy Lieutenant at a cost of $15, 000 effective October 1 ,
1992 .
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Hyde-yes
Commissioner Grace-yes Mayor Mikes-yes
4. APPOINTMENTS
Commissioner Bertino continued his appointment to the Airport Advisory
Board to January 3.4 , 1992 , regular meeting t(.) complete the term of Merle
Wenneker.
. . �, The appointment to the Airport Advisory Board to complete the germ of
Roxane Knight was continued to January 14 , 1992 , regular meeting due to
the absence of Vice Mayor McElyea .
5. EVALUATION OF WORK PERFORMANCE AND SALARY FOR BUD PALM, UTILITIES
p DIRECTOR AND TIM TAPP, RECREATION AND PUBLIC WORKS DIRECTOR.
BUD PALM
Mr. Flatley updated the Commission on the salary germs that Bud Palm was
hired under and confirmed his present salary at $42 , 000 . Mr. Flatley
recommended to upgrade Bud Palm to the department head level of $45 , 000
and reminded the Commission that this amount is budgeted .
Commission comments were made in regards to Mr . Palm being awarded a
private city vehicle to take home to be on emergency call and Mr . Palm ' s
f[ job performance since his hire date that has saved the City money.
A motion was made by Commissioner Bertino to raise Mr . Palm to a salary
of $45 , 000 .
The motion failed for lack of a second .
A motion was made by Commissioner Grace, seconded by commissioner Hyde
to deny the salary request by Bud Palm .
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commissioner Hyde commented on Mr. Palm' s outstanding performance as
utilities Director and the Ci.ty ' s purchase of a Ford Bronco to assist
him in his responsibilities . Commissioner Hyde felt that due to budget
restraints the City cannot afford an increase for Mr . Palm .
Mayor Mikes reminded the Commission that all of the Department Heads
received the recent 3% bonus granted to all General Employees and
commented on the cutbacks taking place in the private and public sector
clue to the present: economic condition . Mayor Mikes felt that the City
has attempted to show appreciation to Mr . Palm when he was granted an
increase to $42 , 000 at his six month review along with the recent perk
of a Ford Bronco; the vehicle being over $20 , 000 and the costs incurred
for gasoline , maintenance and insurance.
The motion to deny passed on the following roll call vote:
Commissioner Bertino-no Commissioner Hyde-yes
commissioner Grace-yes Mayor Mikes-yes
SPECIAL MEETING 4 DECEMBER 17 , 1991
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TIM TAPP
Mr . Flatley advised that Mr . Tapp was hired as Recreation Director at
the April 23 , 1991 , regular meeting at a salary of $35, 000 with a six
month review . He has since been appointed to assume responsibilities of
Public Works Director on top of his Recreation Director duties .
Mr. Flatley gave a brief overview of the tasks and duties performed by
Mr. Tapp in regards to the Public Works and Recreation Departments . Mr.
Flatley recommended to upgrade Mr . Tapp to $40 , 000 dne to his additional
responsibilities.
Commissioner Bertino advised that there is a Charter requirement that
the Commission can only appoint Department Heads and couldn ' t understand
why Mr. Tapp ' s appointment as Public Works Director wasn ' t brought
before the Commission .
Based on the fact: that: the Commission is on a part-time basis ,
Commissioner Hyde felt there is a need to direct the City Attorney and
City Manager to review whether the City Commission needs to conduct the
administration and hiring of Department Heads . Commissioner Hyde felt
the Commission may want to consider placing this responsibility under
the City Manager.
Mayor Mikes read a section from the Charter in relation to Executive
Administration clarifying the tact that Department Heads can be
appointed over more than one department.
A motion was made by Commissioner Grace, seconded by Commissioner
Bertino to continue Mr. Tapp ' s review to the January 14 , 1992„ regular
meeting and discuss the issue at. a workshop prior to the regular
meeting.
> t The motion passer] on the following roll call vote :
Commissioner Bertino-yes Commissioner Hyde-no
Commissioner. Grace-yes Mayor `tikes-yes
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6. City Attorney Adler read Mayor Mikes ' letter dated December 18 into
the record addressed to the Florida Department of Environmental.
Regulation and U.S . Army Corp of Engineers regarding the permit
applications filed by Gerald M. Ward, P.E. on NE Tenth Street (Griffin
Road Extension) .
Mayor Mikes explained the confusion thatt has arisen in regards to Mr .
Ward applying, on behalf of the City of Dania , for a permit application
in relation to the construction of ME Tenth Street and the City having
no documentation approving this action. Mayor Mikes commented on a
section of the Charter (Page 56) relating to the Cit.y' s requirements for
signature on documents .
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino
to accept the letter regarding NE Tenth Street as read by City Attorney
Adler and to direct the letter be sent to the two agencies as staged .
The motion passed on the following roll call vote :
Commissioner Bertino-yes Commissioner Hyde-yes
Commissioner Grace-yes Mayor '.Nikes-yes
This special meeting was then adjourned.
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MAYOR-COMMTSSTC&ER
CITY CLERVAUDTTOR
SPECIAI. MEETING 5 DECEMBER 17 , 1991
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AGENDA
DANIA CITY COMMISSION
SPECIAL MEETING
DECEMBER 17, 1991
8:00 P.M.
1 . Griffin Area Waste Collection: FLORIllA, PROVIDING FOR
A. A RESOLUTION OF THE CITY OF DANIA,
CHARGES FOR SOLID WASTE COLLECTION AND DISPOSAL AND FOR
CURBSIDE RECYCLABLE MATERIALS AND RECOVERY SERVICES TO BE
IMPOSED IN THE RESIDENTIAL AREAS IN THE RAVENSWOOD/GRIFFIN
ROAD AREAS OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. "
B. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT FOR BILLING AND COLLECTION OF WASTE
COLLECTION AND DISPOSAL CHARGES BETWEEN THE CITY OF DANIA,
FLORIDA AND BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE
DATE. "
C. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
DANIA PROVIDING FOR SOLID WASTE COLLECTION, DISPOSAL AND
RECYCLING SERVICES WITHIN THE DANIA ANNEXATION AREA; AND
C PROVIDING FOR AN EFFECTIVE DATE. "
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D. "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
DAN
' INTERLOCAL AGREEMENT BETWEEN CITY OF DANIA AND INDUSTRIAL
WASTE SERVICE, INC. FOR FURNISHING SOLID WASTE AND CURBSIDE
RECYCLING COLLECTION SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE. "
E. "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE
OF CHAPTER _ OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA, FLORIDA, BY ADDING A NEW SECTION THERETO TO PROVIDE
THAT IT SHALL BE UNLAWFUL FOR ANY PERSON OR ENTITY OF THE CITY
PAY TO
OF DANIA,ERED BFLORIDA,BTO EHALFFOFETHE CITY AFOR NY PSOLID IJWASTE
OF TATEMENTS
ON
COLLECTION AND DISPOSAL AND/OR CURBSIDE RECYCLABLE MATERIALS
AND RECOVERY SERVICE IMPOSED WITHIN THE RESIDENTIAL AREAS OF
THE CITY; PROVIDING THAT THE DANIA CODE ENFORCEMENT BOARD
SHALL BE VESTED WITH AUTHORITY TO ENFORCE THE PROVISIONS
HEREOF BY IMPOSING DAILY FINES FOR EACH DAY THAT A VIOLATION
EXISTS IN AN AMOUNT NOT TO EXCEED $250 .00; 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 THAT THIS ORDINANCE SHALL TAKE
EFFECT RETROACTIVE TO JANUARY 1 , 1992 . "
(First Ordinance Reading)
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2. PUBLIC HEARING
Petitioner - Gerald L. Knight; Owner - Danto Investment Company
Second and final reading of ordinance amending the DRI for the Design
Center of the Americas Phases 3 and 4
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE DEVELOPMENT
ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL
IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY CITY
OF DANIA ORDINANCE NO. 04-84, CITY OF DANIA ORDINANCE NO. 22-84, CITY
OF DANIA ORDINANCE NO. 05-87, CITY OF DANIA ORDINANCE NO. 02-88 AND
CITY OF DANIA ORDINANCE NO. 23-90 TO MODIFY CERTAIN CONDITIONS
RELATING TO THE DEVELOPMENT OF THE DESIGN CENTER OF THE AMERICAS
DEVELOPMENT OF REGIONAL IMPACT AND TO MODIFY THE PHASING SCHEDULE
DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR
DEVELOPMENT APPROVAL; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE
DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS
AMENDED BY THIS ORDINANCE; PROVIDING FOR SEVERABILITY; 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. "
(Second Ordinance Reading) (continued from 12/10/91)
3. EXPENDITURE REQUEST
Approval of Commander Carney' s request to replace one Deputy Sheriff
with one Deputy Lieutenant at a cost of $15,000 effective October 1,
1992.
4 . APPOINTMENTS
Appointment to the Airport Advisory Board to complete the term of
Merle Wenneker. (Commissioner Bertino)
� Appointment to the Airport Advisory Board to complete the term of
Roxane Knight. (Vice-Mayor McElyea)
.� 5. Evaluation of work performance and salary for Bud Palm, Utilities
Director and Tim Tapp, Recreation and Public Works Director.
6. Status of Gerald Ward representing the City of Dania regarding NE
Tenth Street (Griffin Road Extension) .
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ROLL N0.
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