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HomeMy WebLinkAbout1991-09-10 Regular City Commission Meeting Minutes and Agenda (and continued to September 11, 1991) M. MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 10, 1991 (AND CONTINUED TO SEPTEMBER 11, 1991) INVOCATION BY REVEREND LEWIS PLEDGE OF ALLEGIANCE ROLL CALL: Present: Mayor: Bob Mikes Vice Mayor: Charles McElyea Commissioners: Bill Hyde Bobbie Grace John Bertino City Attorney: Frank Adler City Manager: Robert Flatley City Clerk: Wanda Mullikin PRESENTATIONS *Broward Office of Natural Resource Protection reviews EPA's plan to clean up the Lindsley Lumber site - .Art Smith and Mira Barer. City Manager Flatley reminded the Commissi.on of the events that have taken place since the public hearing on the clean up of the Lindsley Lumber site in April and requested Mira Barer to address the Commission on Broward County's review of EPA's plan. Mira Barer, Broward Office of Natural Resource Protection, stated that the lengthy document prepared by EPA describing the clean up has been reviewed by her office. She reported that most of the oissues s regarding test burn have been addressed and that there are additional 'id items agreed to by EPA that have not been included in the document as of yet. In summary, she felt ONRP's questions have been answered and that they have no objection to the test burn occurring to determine if a full scale burn can take place. Commissioner Hyde requested information on the disposal of heavy metals in regards to this project. Mira Barer stated that they are awaiting a response from EPA on this question. She stated that although her agency does not have the capacity to conduct on-site monitoring of EPA's process they expect to be on-site during the burn and feel comfortable with EPA's testing. Art Smith, EPA, reported that the excavation of the Lindsley Lumber site began last Wednesday and is continuing to present time. Mr. Smith pointed out that EPA is concerned about the fate of the metals that pose a problem for emissions in the incinerator and reported that these materials have been identified, excavated and stock piled and segregated into a separate area not to be mixed in with the feed soil. He reported that the responsible parties will be required to treat these materials and that there are a number of treatment technologies available to handle the disposal when incineration is unsuitable. Commissioner Bertino expressed his concern on why these hazardous waste materials must be disposed of on site and not taken to an unpopulated area for disposal. Mr. Smith explained that EPA and the responsible parties looked at all of the alternatives available to them in remediating the soils contaminated with this chemical and that the only proven technology capable of destruction of this compound is incineration. The idea of transporting this material to a permitted incineration site (only one located in Deerpark, Texas) would cost 10 times more than the already estimated 3 to 5 million dollars projected for this clean up. He REGULAR MEETING 1 SEPTEMBER 10, 1991 1 i explained that EPA only looks at cost where the protectiveness factor is insured and that EPA is confident, after taking all the precautionary steps, that there is no health risk to the community at large by operating the incinerator on site. Commissioner Bertino and Commissioner Grace expressed their concern for the lack of guarantee for no risk to the community and on what the plan for evacuation would be in the event something does go wrong with the burn. They expressed the need to take the material to an unpopulated environment for incineration. Mr. Smith stated that, no one can guarantee that there is no risk in using this technology but that EPA believes this unit has been demonstrated successfully at over four large hazardous waste sites with no experience or record, having failed any trial or test burns, of any off-site risks encountered or generated t'hru this activity. He mentioned that the United States Public Health Service has supported this procedure and has not indicated any concern for a high degree of an off-site problem. There are a number of different safeguards and redundancies on this unit that would prevent a catastrophic problem with the incinerator including a backup emergency system for operating the fan should the power go out. The fan is diesel powered so that it can continue the process and not allow dangerous pressures to build up. In regards to evacuation, EPA will commit to tie in what is already in the plan as an evacuation plan for the site to the local emergency network l' for purposes of contacting the City in the event that there would be some emergency at the site generated from any number of reasons; natural or otherwise. Commissioner Hyde mentioned that the local large incinerator in the area recently passed the emissions test with flying colors but will be dumping 1500 pounds of mercury out onto the community over the next year. Commissioner Hyde also stressed his concern for the well water in the area possibly being contaminated since this site was discovered based on the effects of abundant rain. Commissioner Hyde felt this to be another reason for no further delay in the clean up. Mr. Smith stated that the whole premise for this removal is to excavate the soil that lies in contact with the ground water to eliminate contamination. He mentioned that he was advised by the Broward County Health Department back in April that there were no welif.ields that were within the vicinity of this site that could possibly be drawing any contaminated water. They also indicated no evidence of contamination to private wells immediately east of I-95 off of old Griffin Road. As part of the cleanup, EPA and the responsible parties are responsible to monitor around the perimeter of the site periodically for any changes in water quality. II Mayor Mikes expressed the need to monitor the nearest private wells by the site just as a precautionary practice. Mr. Smith stated that the rational for this is based on the fact that monitoring of the perimeter of this site has not identified any trends or migration or plume of contaminants for any measurable distance away from the site. Mr. Smith stated that he will contact the Broward County Health Department immediately to determine what their latest records show on water quality from the drinking water wells. If it appears there is some possibility of contamination to the wel.lfields or private wells in the area he will report back to Dania. Mira Barer stated that she will take these concerns expressed regarding the sampling of the water in the area to the Broward County office of Natural Resource Protection and report back. Given the possibility of danger of something going wrong in the removal of this hazardous waste, Commissioner Bertino made a motion, seconded by Vice Mayor McElyea to adopt a resolution opposing the on-site incineration of contaminated soil at the Lindsley Lumber Site as proposed by the U.S. Environmental Protection Agency and for Dania to go on record that the material should be removed immediately by taking it out of the Dania area. REGULAR MEETING 2 SEPTEMBER 10, 1991 1 Y. Mayor Mikes stated that Dania can express an opinion but that the authority of Dania and Broward County is preempted by the Federal Government in this situation. Commissioner Hyde requested a response from Mr. Smith on how long of a delay there would be in resolving this problem should the plan to incinerate be changed to removing the hazardous waste from the area. Mr. Smith went on record to state that this is a superfund removal project by EPA and that the project is being undertaken by the owners of the site under the direction of EPA. The owners are designing, paying and providing for the clean up and hiring the contractors for this project. In response to Commissioner Hyde's question, he estimated that the project could be delayed 3 to 6 months beyond the time frame right now. City Attorney Adler advised that the final decision is in the hands of the Federal Government and that Dania can only attempt to persuade the EPA in there direction. The motion to adopt the resolution passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes M^ Commissioner Grace-yes *BSO Deputy of the Month i 1 Captain Carney, BSO District IX Commander, reported that there has been a task force formed between Dade, Palm Beach and Broward County in J relation to home invasions. Captain Carney mentioned the possibility of 4ia connection with the physical evidence obtained at the scene of the + l recent Herr burglary with other crime scenes in Dade and Palm Beach in - an effort to find the people responsible for these home invasions. Captain Carney mentioned that October is "Red Ribbon Month" and is being sponsored again by the Chamber of Commerce. He mentioned that BSO has conducted two hurricane seminars at Meadowbrook Condominiums and Modello Park and anyone wishing information can contact District IX. l Captain Carney advised that effective Friday, Lt. John Feltgen will be transferred to the Organized Crime Division with BSO. He commended Lt. Feltgen for his loyalty and extra efforts in starting a number of programs in Dania. He read and presented a plaque expressing appreciation to Lt. Feltgen on behalf of the District. Lt. Feltgen expressed his appreciation to BSO and the Commission along with the citizens of Dania fcr the opportunity to serve the City. Captain Carney introduced Lt. Bob Anton to the Commission as the replacement for Lt. Feltgen and gave a brief career presentation on his experience. Lt. Anton expressed his appreciation for being given the opportunity to take this new position with District IX. Captain Carney presented the "Deputy of the Month Award" for August to Deputy Bill McGraw who has been with Dania since 1984. Captain Carney advised that Deputy McGraw is receiving this award due to his observation on August 2, while off-duty, to identify and apprehend a car thief. PULLED FROM THE CONSENT AGENDA Mayor Mikes pulled item 1.4 from the Consent Agenda. REGULAR MEETING 3 SEPTEMBER 10, 1991 t 4 4. 1. CONSENT AGENDA Ordinances 1.1 An Ordinance of the City of Dania, Florida amending Section 17-22 of Article 1 , Chapter 17 of the Code of Ordinances of the City of Dania, Florida, to provide for the application of a graffiti resistant finish to buildings, with alternatives; 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. Resolutions 1.2 A Resolution of the City of Dania, Florida, approving the five programs outlined in letter dated August 21 , 1991 , from Capt. Thomas Carney, BSO Commander, District IX - Dania; and providing for an effective date. 1.3 A Resolution of the City of Dania, Florida, endorsing the grant application of Florida International University to the Florida Department of State, Division of Historical Resources, for historic planning in Dania; and providing for an effective date. A motion was made by Commissioner Grace, seconded by Vice Mayor McElyea to approve the consent agenda. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes �! Commissioner Grace-yes PULLED FROM CONSENT AGENDA 1.4 A Resolution of the City of Dania, Florida, requesting Broward • • County to delegate to the City of Dania all powers as set forth in Article IV of Chapter 19 of the Code of Ordinances of the City of Dania, Florida entitled "Downtown Development Agency" ; and providing for an effective date. City Manager Flatley stated the importance in obtaining the authority from the County in regards to the Downtown Development Agency and mentioned that amendments can be made later. s A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to adopt this resolution. i The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 2. PROCLAMATIONS Mayor Mikes declared the following proclamations: 2.1 "Respiratory Care" Week (October 6-12, 1991) . 2.2 "Dania Elementary Nutrition and Wellness Week" (week of October 14, 1991) . 2.3 "Florida City Government Week" (October 7-11 , 1991) . MAYOR MIKES MOVED TO ITEM 4 .8 AT THIS TIME. 3. BIDS 3.1 WAS HEARD AFTER ITEM 8.2 AND ACTION TAKEN ON SEPTEMBER 11, 1991 . 3.1 Award of bid for collection and disposal of solid waste. City Manager Flatley informed the Commission that six bids were received for the collection and disposal of solid waste and that they have been analyzed by staff. Mr. Flatley recommended to award the garbage REGULAR MEETING 4 SEPTEMBER 10, 1991 NOTE: SOME ITEMS WERE CONTINUED AND ADDRESSED SEPTEMBER 11 , 1991 contract bid to Seacoast Sanitation for a five year contract at $39, 923 .59 per month. A motion was made by Commissioner Bertino, seconded by Commissioner ata$39ce to awardithetbidctolSeacoast Sanitation for a five year contract The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes Mr. Flatley recommended to award the bid for hard junk collection to Southern Sanitation Southeast for a five year contract at $11 , 511 .71 per month. After further discussion , a motion was made by Vice Mayor McElyea, seconded by Commissioner Hyde to award the bid on trash collection to Southern Sanitation Southeast for a three year contract for $11 , 371 .75 per month. The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes _i � { leted in fins City Attorney Adler advised that when the contract is comp form, it will be brought back to the Commission for approval before it is signed by the contractors. A motion was made by Vice Mayor McElyea, seconded by Commissioner race to award the bid for chipper service to Southern Sanitation Southeast -' for a three year contract in the amount of $5,248 .50 per month with Southern Sanitation removing the material . The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes ADMINISTRATIVE REPORTS WAS HEARD AFTER 3.1 ON SEPTEMBER 11, 1991. 4, PUBLIC HEARINGS AND OTHER RELATED MATTERS 4.1 WAS HEARD AFTER ITEM 4.7 4 "1 An Ordinance of the City O entitled Dania, amending Chapter 18 of the of Dania entitled "Pensions and Code of Ordinances of the City nt of the monthly retirement benefit for Retirement" to change the amou Broward Sheriff ' s Office Deputies and law enforcement officer' s actively System participating in the Dania Police and Firefighe hters Rentrem agentchanging retiring after October 1, 1992, changing the amount of employee contributions to fund such benefits, changing the d retirement option plan, early retirement age, providing for a deferre 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) , explained that this ordinance will amend Mike Smith, Personnel Director the Police and Firefighters Pension Plan to extend the same benefits to the 16 police officers , who remained in the Dania Plan when BSO took over police services, that the firefighter members receive. This will change their basic benefit formula from 2 . 5% of salary to 3%, charging the normal retirement age after 25 years , early retirement after 20 years of service and offering a Deferred Retirement Option. Mr. Smith explained that the net cost of this change is $70 , 000 per year based on current payroll figures and based on the current actuarial valuation of the plan. The percentage of payroll will be raised from 8 .98% to 20 . 33% REGULAR MEETING 5 SEPTEMBER 10, 1991 NOTE: SOME ITEMS WERE CONTINUED AND ADDRESSED SEPTEMBER 11, 1991 i i which is still about 696 cheaper than what the cost would be to pay into the Florida Retirement System (FRS) with BSO. Mr. Smith advised that there has been a change made since first reading by adding Section 9 relating to not setting a precedent in the future should any one employee group either Fire or Police negotiate different benefits so that those benefits are automatically conveyed to the other parties . Mr. Smith also advised that language has been included to confirm that at no time will the city's contribution exceed that of the Florida Retirement System. Mr. Smith advised that presently that rate is 26% and by 1993 it is expected to rise to 27 .6%. Mr. Smith advised that the effective date of this ordinance is October 1, 1992 and that a representative for the police officers would like to address this issue with the Commission. Mr. Smith mentioned that when the Cities of Tamarac and Deerfield Beach went over to BSO for police services , they did not change their benefits for their police officers. Carey Nodell , Broward County PBA, advised that this ordinance change has been in process for two years . He stated that it was agreed the retirement date would start October 1 , 1991 and the funding would be held off until October 1 , 1992 at no additional cost to the City. Stephen Palmquist, Kruse, O'Connor & Ling, actuary for the Police and Fire Pension advised that the City is permitted to start the funding of any new benefit in the fiscal year following the year in which that benefit becomes effective. Commissioner Bertino made a motion, seconded by Commissioner Hyde to ' amend the ordinance to state that the benefit would not be paid for until next fiscal year (1992-93) but the benefit accrual is to start October 1 , 1991 . q The motion passed on the following roll call vote: 1 Commissioner Bertino-yes Vice-Mayor McElyea-yes ) + Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes Mayor Mikes opened the public hearing. Jay Fields questioned what the total cost of this benefit overall will mean to the City. Vince Marlin commented on the City' s payment into the Dania Pension Plan. Hearing no further comments, the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to adopt the ordinance on second reading as amended. i Steve Palmquist requested clarification on the effective date of the funding. Commissioner Bertino clarified his motion to read October 1 , 1991 for the beginning of the benefit. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-no Commissioner Grace-yes Mayor Mikes expressed his opinion that this benefit change should go before a referendum vote since the benefit will end up costing the City over a million dollars . AT THIS TIME, ALL UNADDRESSED AGENDA ITEMS WERE CONTINUED TO THE SEPTEMBER 11, 1991 SPECIAL MEETING DUE TO THE LATENESS OF THE EVENING. ACTION TAKEN ON 4.2 SEPTEMBER 11, 1991 4.2 An Ordinance of the City of Dania, F1, amending Chapter 18 of the Code of Ordinances of the City of Dania entitled "Pensions and Retirement" to change the retirement age, change the early retirement age, and permit the establishment of a deferred retirement option plan REGULAR MEETING 6 SEPTEMBER 10, 1991. NOTE: SOME ITEMS WERE CONTINUED AND ADDRESSED SEPTEMBER 11, 1991. i for Firefighter members, 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) City Attorney Adler advised that this ordinance complies with the provisions in accordance with the contract between the City and the Dania Firefighters. Mike Smith, Personnel Director, explained that this ordinance change relates to the provisions in the Collective Bargaining Agreement for the third and final year with the Firefighters union. Mr. Smith explained the changes to the normal retirement age to after 25 years of service and at least 10 years to be vested in the program or an early retirement after 20 years of service along with providing a Deferred Retirement Option Plan at no cost. 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 Bertino, seconded by Commissioner Grace to adopt this ordinance on second and final reading. The motion passed on the following roll call vote : 4 Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Commissioner Grace-yes Mayor Mikes-yes ACTION TAKEN ON 4.3 SEPTEMBER 11, 1991 4.3 An Ordinance of the City of Dania, Florida, repealing Permitted Use i No. 6 of zoning district C-3 of Section 4 .20, Article 4, Chapter 28 of the Code of Ordinances of the City of Dania, Florida, relating to wet or dry stack marina and related facilities; providing that all ordinances a} f 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) City Attorney Adler stated that this ordinance will. correct the Code of Ordinances in the misprinting of this use that was placed under both permitted and special exception uses in the Code . Will Allen, Growth Management Director, advised that the Planning & Zoning Board did review this amendment and recommended approval of the zoning text change. Mr. Allen stated that this change in no way is ' intended to hinder the marina industry but to keep issues relating to wet or dry stack marinas and related facilities under the special exception area of the code. Mayor Mikes opened the public hearing. Hearing no one speak in favor or Opposition, the Mayor closed the public hearing. Commissioner Hyde explained that he had received several inquiries from persons in the marina industry who were concerned about this change. He reiterated what was said by Mr. Allen that this is only a text change and is not directed towards discouraging any marina uses in the City of Dania; merely a housekeeping matter. A motion was made by Commissioner Hyde, seconded by Commissioner Grace to adopt this ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes ACTION TAKEN ON 4. 4 SEPTEMBER 11, 1991 4.4 An Ordinance of the City of Dania, F1, amending in their entirety Articles I, II and III of the existing Chapter 27 of the 1980 Code of Ordinances of the City of Dania, Florida; providing for rules and regulations for the manufacture, sale and distribution of water by the REGULAR MEETING 7 SEPTEMBER 10, 1991 City; providing for rules and regulations for the collection, treatment and discharge of sanitary sewerage and other waste water within in the City; 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 ordnance reading) City Attorney Adler advised that this lengthy ordinance has been reviewed and prepared by staff and that one of the changes relates to rates not being in the ordinance but being set from time to time by resolution. He advised that rates are established in accordance with a study by Rachlin & Cohen. City Manager Flatley commended Wanda Mullikin, City Clerk, for her efforts in bringing this ordinance into modern day language with the assistance of the City Engineer and Utilities Director as there has been extensive revisions over the past two years. 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 Grace, seconded by Commissioner Hyde to adopt this ordinance on second and final reading . The motion passed on the following roll call vote: 1' Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes S, 1 , ACTION TAKE ON 4.5 SEPTEMBER 11, 1991 i � 4.5 An Ordinance of the City of Dania, Florida, adopting the zoning q ! regulations of Broward County, Florida, as amended through Supplement No. 63, which shall apply to the Ravenswood-Griffin Road annexed areas; providing for codification; 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. (second ordinance reading) Will Allen, Growth Management Director, advised that the county code is already in effect for the annexed area in accordance with state statute and advised that there are 23 zoning districts for the area. Mr. Allen mentioned the need to adopt the County zoning code for an interim basis until the City can review the annexed area and make changes to conform to the City zoning code. City Attorney Adler stated that he had to make a change to the ordinance to change the Supplement No. from 61 to 63 and that a copy of these zoning regulations will be signed by the Mayor and copies will be available in the Growth Management Department and City Clerk Office for an official point of reference when amendments begin. A motion was made by Commissioner Hyde, seconded by Commissioner Grace to amend the ordinance to read Supplement No. 63 instead of 61 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes Mayor Mikes opened the public hearing. Discussion followed regarding the need to stop excessive pornography businesses in the annexed area. Hearing no further comments, the Mayor closed the public hearing. A motion was made by Commissioner Hyde, seconded by Commissioner Grace to adopt this ordinance as amended on second and final reading. REGULAR MEETING 8 SEPTEMBER 10, 1991 i M- The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes ACTION TAKEN ON 4.6 SEPTEMBER 11 , 1991 4.6 An Ordinance of the City of Dania, Florrida, unending Section 15-12, of the 1980 Code of Ordinances of the City da, entitled "License Fee schedule" , by adding the classification of "Communication Towers" thereto; 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. (second ordinance reading) Will Allen, Growth Management Director, stated that the use of communication towers was recently added to the Special Exception category in several zoning districts and that this ordinance will add this to the schedule for occupational licenses. Commissioner Bertino expressed his concerns on the $1 , 000 fee being imposed in the ordinance and the rational behind the high fee . d the need to add this new classification and to Mayor Mikes expresse charge the $1 , 000 annual fee due to future applications for towers becoming more complicated, the height limits in relation ed beingto newith to the airport and being Dania is so small and not equipp 'I ' this use. i City Attorney Adler commented that increases in occupational license fees are controlled by the legislature and that they are at maximum right now. towers,( Will Allen stated that due the communicationng department bnlinspectingng a new sthese re will be more time spent by s being made relation to the antenna facilities to ensure compl, ance i ilding and parking. dishes , landscaping, equipment bu Commissioner Grace concurred with Commissioner Bertino on concern for the high fee imposed in this ordinance as other cities are not charging ! any fee. Mayor Mikes reminded Commissioner Grace that with Dania res idingobeside an international airport the paperwork in processing cocati towers will become extensive in the future when employees must determine FAA height requirements and conduct numerous inspections within a years time. He also mentioned that it is important to charge thelic correctnse fee now as state statute limits the raising Pa tionalI A motion was made by Commissioner Bertino, seconded by Commissioner Grace to continue the adoption of this ordinance to the next regular meeting of September 24 , 1991 . The motion passed on the following roll call vote : Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-yes ITEM 4.9 WAS HEARD AT THIS TIME AND ACTION WAS TAKEN ON SEPTEMBER 11, 1991. ITEM 4.7 WAS HEARD AFTER ITEM 4 .8 4.7 Petitioner/Owner Bridges at Canal Grove, Inc. ; property located at 4550-4622 SW 32 Ave - Public Hearing - VA-34-91 - A Variance is requested to operate an Adult Congregate Living Facility. (continued from August 27 , 1991) . Will Allen, Growth Management Director, advised that the property is located on the east side of SW 32 Avenue and north of Griffin and south REGULAR MEETING 9 SEPTEMBER 10, 1991 1 4 of the Dania Cut-off Canal . The property is owned by John and Angela Magazzu and Angela Bigham and is zoned R-3. Mr. Allen clarified that an ACLF is any building or buildings which provides housing, food service and one or more personal services to four or more unrelated adults . Personal services would include supervision of essential activities of daily living, eating, bathing, grooming, dressing, and supervision of self-administered medication. Mr. Allen explained that the variance is requested due to the dispersal requirement for the separation of an ACLF in Section 39-3943 of the Broward County Zoning Code which requires a difference of 1500 , between each ACLF (distance being measured in a straight line from the nearest property lines of the facilities) . There is an existing ACLF within 1500 ' called the Senior Haven Retirement Home , 4580 SW 33 Avenue, which is approximately 360 ' from the proposed facility. Mr. Allen mentioned that the Planning & Zoning Board recommended denial as they didn ' t feel the criteria for the variance had been met and that the petitioner was aware of the requirement for dispersal prior to leasing the property. The regulations for the separation of the facilities are consistent with Florida State Statutes Chapter 400 which deals with nursing homes . Mr. Allen continued to explain that the proposed use is for 16 residents between the ages of 18-54 with diagnosed psychiatric disorders . Residents would not normally reside at the facility for more than a period of six months and are screened by HRS to ensure they are not dangerous individuals . George Platt , Esq. , representing the petitioner, explained that this e request is to house de-institutionalized individuals who are in need of continuing care while adjusting to life on their own and who will ultimately be placed back in an indeper_dent setting. This will be an HRS licensed ACLF supervised 24 hours a day that will be fenced and landscaped. Mr. Platt stated that the owners of this property can build i a 30 unit apartment complex on this property in the event that this ACLF is denied. He stated the adverse impact the apartment complex would have on the neighborhood due to the traffic problems in comparison to the ACLF. Mr. Platt assured the Commission that the type of individuals placed in these facilities are not criminals , drug/substance abusers or have a history of violence . Mr. Platt responded to some of the opposing comments made by individuals from the neighborhood at the regular meeting August 27 , 1991 . Mayor Mikes opened the public hearing. Jay Fields came forward to express adamant opposition to allowing this ACLF facility in this neighborhood as he feels the area is already impacted by this type of facility. Barbara LaMarsh expressed opposition. Vivian Warman expressed her concern for the type of treatment that these individuals will receive . Mark Menning, Hallandale , gave an overview of his involvement in his community in regards to being a board member of four different non- profit organizations dealing with human services . He commented on the need to assist individuals with these types of mental illnesses and to not deny them an opportunity to obtain community assistance . Ann Winters questioned what would happen should these individuals not receive their medication on a timely basis . She also questioned the training and knowledge of the individuals who would be operating the facility in regards to working with these individuals . Ann Loader explained that she is a member on the Board of Directors for Advocacy Center for Persons With Disabilities in Tallahassee and that she was a member of the Brnward County Alcohol Drug Abuse and Mental Health along with other stQte wide activities . Ms. Loader commented on her own mental problems and distributed statistical material on mental illness for the public and commission to review. REGULAR MEETING 10 SEPTEMBER 10, 1991 i AT THIS TIME, A MOTION WAS MADE BY COMMISSIONER HYDE, SECONDED BY COMMISSIONER BERTINO TO CONTINUE THE PUBLIC HEARINGS PAST MIDNIGHT. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes Ms . Loader continued to explain the need for people with mental illness to be placed in normal living situations so that they may be able to get better. Alex Buchsbaum commented on the need to follow the State Statute Laws in relation to the disbersal of this type of facility. Kris Hill explained that she is a Certified Guidance Counselor, Substance Abuse Specialist and presently seeking a license as a Mental Health Counselor in private practice . Ms . Hill advised that the only criteria requirements for someone to open an ACLF group home is to have a high school diploma and no felony arrests in Florida. She expressed opposition based on the over use of this type of facility in the neighborhood. Sheri Mansey expressed her opposition to this facility being run as a business opposed to a non-profit organization to help the mentally ill . Geri Black, Lauderdale Lakes, commented on her own mental illness approval of this ACLF based on the type of experiences and expressed screening requirement for the placement of the individuals . Sheri Coale expressed opposition based on the need to upgrade and 'j conform to the zoning requirements due to the mixture of variances in the area. i f, l Mrs. Helen Danbrosie, Jr. , Chairperson for Miami of Broward Advocates t for the Mentally Ill , explained the screening process used in placing these individuals in this facility and advised of many other agencies that will be overseeing the operation. Nicholas Snyder, Jr. , explained his own experience with living in an I ACLF and the therapeutic advantage this facility offers an individual . ^ I Connie VanDyke and Kathy David expressed opposition to having a third facility in the area. Lee Schoendorf , Coconut Creek , explained that he represents the Broward Advocates for the Mentally Ill , and is also a member on the steering committee for HRS who assists the mentally ill and disabled to obtain affordable supportive housing. He mentioned the need for the Commission to consider the approval or denial of this facility based on the zoning issues and not to address it based on the stigma that is attached to the mentally ill . Gene Weisburg, North Lauderdale , and Valerie Williams , Pompano Beach, commented on the positive affects of the ACLF facility and the need for community support . Rose Lizano felt there is a sufficient number of group home facilities already in the City and that the issue is not about acceptance or rejection of the mentally ill . Hearing no further comments, the Mayor closed the public hearing. Mr. Platt clarified some of the negative responses that were rioted regarding the mentally ill and the ACLF facility and encouraged the Commission to approve the variance request. A motion was made by Commissioner Bertino, seconded by Vice Mayor McElyea to deny variance VA-34-91 as requested by Bridges at Canal Grove, Inc. to operate an ACLF (Adult Congregate Living Facility) at 4550-4622 SW 32 Avenue. REGULAR MEETING 11 SEPTEMBER 10, 1991 V, McElyea to deny variance VA-34-91 as requested by Bridges at Canal an Facility)Grove , Inc. to operate an ACLF (Adult Congregate Living 4550-4622 SW 32 Avenue. Mayor Mikes mentioned the negative affects that are going to be imposed rt won ouldlnotebehaogoodd in regards to envir environment forthe an ACLFof.aci sion and how this liity. The motion passed on the following roll call vote: Vice-Mayor McElyea-yes Commissioner Bertino-yes Mayor Mikes-yes Commissioner Hyde-yes Commissioner Grace-no ITEM 4.1 WAS HEARD AFTER ITEM 4.7 4.8 WAS HEARD AFTER PROCLAMATIONS 4.8 Petitioner/Owner - Neptune Fireworks/Itzak Dickstein; property located at 768 East Dania Beach Boulevard. Public Hearing - SE-55-88 - Reconsideration of a Special Exception Use is requested for the sale and storage of fireworks. Will Allen, Growth Management Director, explained that the Dania City Commission granted a Special Exception for sale and storage of fireworks on September 13 , 1988 to Mr. Dickstein for the building located at 768 East Dania Beach Boulevard with a condition that it be revisited in i, three (3) years to ensure the business is being operated properly. A.J. Ryan, representing the petitioner, gave a brief overview of the conditions relating to landscaping and the oovedtioMrofRyan gave the his business when the special exception was approved. opinion that there have not been any complaints over the three year period that amount to any significance in regards to the sale of fireworks . � 1 City Attorney Adler read the minutes into the record from the regular ng of September 13 meeti , 1988 in regards to the zoning text change ZT- eeti by ordinance in item 4 .3A and item 4 .3B for the special exception 02-88 SP-55-88 to permit a fireworks sales and storage facility in a C-2 zoning district as requested by Itzak Dickstein; owner: Dania Oyster Ltd. for property 768 E. Dania Bch . Blvd. Sgt. Dennis Reagan, BSO, explained that he has been in charge of the Bomb and Arson Unit since 19dealing gave witha brief explosivesrviSgt. his Reagan stated experience and educatio n in that the arrest reports on this issue are pending criminal matters and li that no convictions have been determined yet. He advised that undercover policemen were sold illegal Class C explosive fireworks from the Neptune Firework business. He advised that there is a pending lawsuit that has been filed by Neptune Fireworks against BSO attempting to prove that the State Statute regulating fireworks is unconstitutional . City Attorney Adler advised that when there is pending litigation, it would be better to wait until the Court rules on the situation prior to further discussion. Mayor Mikes read 6 . 40 on page 1742 in the Dania Code "Special Exception Uses in regards to public health, safety, welfare and morals being protected. Mayor Mikes commented that the City is interested primarily in the public safety issue in regards to this special exception and not whether this person gets convicted or not. Mayor Mikes felt the need to determine exactly what Mr. Dickstein represented to the City in regards to the sell of the fireworks back in 1988 as he remembers that only materials that burn, not explode, would be sold at this facility. Mayor Mikes felt the video tape of the meeting on September 13, 1988 be reviewed for clarification. REGULAR MEETING 12 SEPTEMBER 10, 1991 NOTE: SOME ITEMS WERE CONTINUED AND ADDRESSED SEPTEMBER 11, 1991 .i A. r City Attorney Adler clarified that Mr. Dickstein is controlled under state law with regards to what type of fireworks he is allowed to sell at this facility. A.J. Ryan, Esq. , stated that Mr. Dickstein has been in business in the City of Dania since 1984 as he was originally located on Stirling Road. When concerns came up at this location, he then moved his business to the location on Dania Beach Boulevard. Mr. Ryan stated that he was arrested in 1988 and that the court found him not guilty and dismissed the charges under similar circumstances ,as being discussed tonight . Mayor Mikes expressed his concern that Mr. Dickstein represented to the Commission back in 1988 that he would not sell explosive type fireworks and that the Commission approved the special exception based on this representation. In response to Vice Mayor McElyea ' s question regarding whether this facility could explode and be a hazard to the community, Sgt. Reagan, BSO, explained that the building is very well designed and probably the safest facility he has ever seen for storing fireworks. However, there is an awful lot of powder weight of explosives and his opinion being that if they were all to go at one time through sympathetic detonation that it could hurt people not only in the building but on the outsides of the building as well . Sgt . Reagan responded to questions regarding firework items in regards to the M-60 power used and the dangers t� involved. Vice Mayor McElyea expressed his concerns about the transportation of these fireworks to and from the facility and Mr. Reagan advised that he did not know how these materials were being transported. i Mr. Dickstein explained that he was involved with an experiment with !i Class C fireworks to determine what would happen when Class C fireworks are condensed together and it was found that they burn and that they would not mass explode. He stated that Class B fireworks will explode and that is why all the vehicles that come to his business have Class C explosives stickers on them according to DOT. He could not answer Vice Mayor McElyea ' s request for what the DOT placard number was on the vehicles. i Thomas Grammer, Dania Fire Chief, confirmed that if every firework in this building were to go off at the same time it would be dangerous . Mr. Grammer stated that Dania adopted the NFPA (National Fire Protection Association) Code 1124 which deals with storage of fireworks and that Mr. Dickstein was required to build his facility to meet this Code. He stated that sprinklers were required and the walls were built to sustain an explosion so that it would explode out the roof and not out the sides . Mr. Grammer stated that his department pays special attention to inspecting this building numerous times during the year due to the storage of this type of material . Vince Thompson, Dania Fire Marshall , stated that the design criteria for this building is such that for every number of square feet of space there must be so many number of square feet for explosion venting; the purpose being so that the material would blow up and not out in the event of explosion. Mr. Thompson stated that the tractor trailers transporting these materials may not unload immediately and that they may remain sitting on the property for a period of time but that the Fire Department does not have jurisdiction over vehicles. He added that the vehicles are not designed to extinguish or confine any type of explosion or serious fire but that his department cannot monitor this situation all of the time. Mayor Mikes requested that the video be shown at this time for review by the Commission and audience on the Special Exception granted to Mr. Dickstein on September 13 , 1988 . After the video presentation, Mayor Mikes opened the public hearing. REGULAR MEETING 13 SEPTEMBER 10, 1991 1 4. Hearing several people speak in opposition and approval , Mr . Ryan responded at this time. Mr. Ryan explained the developments relating to Mr. Dickstein purchasing this property after he was approved for the special exception use by the City Commission. He advised that Mr. Dickstein has complied with all landscaping and building code requirements to ensure the safety as required by the City. He stated that this special exception was approved based on the sell of Class C fireworks and that the State of Florida permits Class C fireworks. Mr. Ryan confirmed that this business has been operating legally from its ' inception or it would have been closed down by the State of Florida Fire Marshall . In response to the four arrests in 1991 , Mr. Ryan stated that a "Not Guilty' plea has been entered and is pending the County Court of Broward County. He advised that Florida Statutes Section 79104 permits the sale of fireworks under certain conditions . In order to make these sales, the establishment is provided a form for a patron to sign when he makes a purchase and when this form is signed the patron is authorized to legally purchase these fireworks. When the four arrests were made, the deputies of the Broward Sheriff ' s Office signed this form and stated they were purchasing the fireworks for legal purposes . Mr. Ryan commented on the language used on the BSO police reports describing the fireworks that were chosen by the police officers . Mr. Ryan stated that Mr. Dickstein has made a substantial investment into this business based on the Commission approving his special exception use and that he has complied with all of the requirements . Mr. Ryan stated that he expects the arrest matters to be thrown out of court. City Attorney Adler restated that the approval of the special exception was conditional upon the business being revisited every three years to ensure it is operating properly. This Commission would have to determine that the business is not being run properly in order to deny the special exception reconsideration. Mr . Adler stated that State Law . ! governs the sale of fireworks and if Mr. Dickstein is violating this law . then it is up to BSO to charge him and that the City of Dania can only determine denial based on his lack of compliance with the special exception uses in the City Code. Mr. Adler reminded the Commission of the court case in the Fourth District Court of Appeals regarding the improper advertisement of the City of Dania Ordinance 40-88 . After further comments from concerned citizens , the Mayor closed the public hearing. Mayor Mikes made a motion, after passing the gavel , seconded by Vice Mayor McElyea, after passing the gavel back to the Mayor, that upon conviction of the sale of illegal fireworks at the Neptune Fireworks the Special Exception will be cancelled after a period of ninety (90) days. Commissioner Bertino suggested to table the item until such time as the li courts have made a decision and then if there is a conviction to take action at that time. Vice Mayor McElyea withdrew his second. After further discussion, a motion was made by Commissioner Hyde, seconded by Vice Mayor McElyea to continue the review of this special exception for ninety (90) days. The motion passed on the following roll call vote : Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes THE MAYOR CALLED A FIVE MINUTE RECESS AT THIS TIME. ITEM 4 .7 WAS HEARD AT THIS TIME REGULAR MEETING 14 SEPTEMBER 10, 1991 i i i Y ITEM 4.9 WAS HEARD AFTER ITEM 4.6 AND ACTION TAKEN SEPTEMBER 11 , 1991 4 .9 Petitioner/Owner - Bellsouth Mobility Inc. /Allen L. Gabriel , Esq. ; property located at approximately 1700 NW 1st St. -Public Hearing - a) SE-25-91 - A Special Exception Use is requested for a communication tower in the IRO zoning district. Will Allen, Growth Management Director, advised that this property is located off Tigertail Boulevard and NW 1st Street just south of the FPL lines and just to the east of the miniature golf course. He explained the recent addition of "Communication Tower" category to the special exception use in the IRO zoning district. He stated that the Planning & Zoning Board found that the criteria for the special exception has been met except for the height which explains the variance request . Mr. Allen explained the following conditions as recommended by the Planning & Zoning Board: 1 . The tower be uniform color of neutral gray or galvanized finish; 2 . No additional antennas or dishes erected on the tower without permission of the City Commission; 3 . The undeveloped portions of the site be sodded rather than use gravel; 4 . The parking spaces be paved rather than gravel surfaced; �V 5. Five (5) live oaks rather than three (3) live oak and two (2) L; ' mahogany; 6 . Add four (4) 12 ' washingtonian palms to the landscape plan. Mr. Allen advised that the petitioner did make these changes to the site p plan. Allen L. Gabriel , Esq. , representing Bellsouth Mobility Inc. , explained the need for the additional communication tower for Bellsouth in the , I Dania area in order to meet the needs of their mobile phone customers . Mr. Gabriel described the location selected for this development, FAA height and light requirements and safety factors in relation to the tower being constructed . Mayor Mikes opened the public hearing on 4. 9 (a) . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. l A motion was made by Commissioner Grace, seconded by Commissioner Hyde to approve 4 .9 (a) 5E-25-91 for a communication tower in the IRO zoning district with the following conditions: three (3) directional face antennas, three (3) omni whips, one (1) microwave dish not to exceed 8 ' diameter, no white strobe lights permitted, and to include the Planning & Zoning Board conditions as mentioned by Mr. Allen with a correction to #6 to include two (2) additional washingtonian palms for a total of six (6) to be added to the landscaping plan. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes b) VA-26-91 - A Variance is requested for a variance from height requirements to allow a communication tower with a height of 120 feet in an IRO zoning district which has a limitation of 100 feet. Mr. Gabriel explained the need for the additional height on the tower in order to rise above the FPL lines at the location to better service their customers . Will Allen, Growth Management Director, stated that the Planning & Zoning Board recommended approval of this variance as they felt the criteria for the variance had been met. Mayor Mikes opened the public hearing. Mr. Gabriel responded to Mr. Warman' s concerns regarding interference by explaining that communications in the area would not be disturbed. Jay Fields expressed the need for the height not to exceed 100 feet and to remain in REGULAR MEETING 15 SEPTEMBER 10, 1991 i Y. conformance with the ordinance on this issue . Hearing no further comments, the Mayor closed the public hearing . A motion was made by Commissioner Hyde, seconded by Commissioner Grace to approve 4 .9 (b) VA-26-91 to allow a communication tower with a height of 120 feet in an IRO zoning district as requested by Bellsouth Mobility, Inc. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 5. SITE PLANS ACTION TAKEN ON 5.1 SEPTEMBER 11, 1991 5,1 SP-27-91 - Petitioner/Owner - Bellsouth Mobility Inc./Allen L. Gabriel, Esq. ; property located at approximately 1700 NW 1st St. Site plan for a Communication Tower and Equipment Building. Mr . Gabriel came forward to restate his comments as described in items ,., 4 . 9 a and b regarding his request for approval of this site plan. .kt i Will Allen, Growth Management Director, explained that the Planning and Zoning Board recommended approval of this site plan with the same conditions as stated in the special exception. Mr. Allen stated that Bellsouth Mobility has complied with the landscaping requests . Discussion followed on the Commission' s request to have Bellsouth remove i the barbed wire indicated at the top of the fence surrounding this tower and allowing Bellsouth to increase the height of the fence by one foot . A motion was made by Commissioner Hyde, seconded by Commissioner Grace to approve the SP-27-91 as requested by Bellsouth Mobility for property located at approximately 1700 NW 1st Street for a Communication Tower and Equipment Building with the condition that the fence height be 9 ' with no barbed wire and the Planning & Zoning Board conditions listed in the special exception approval . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-no Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 6. EXPENDITURE REQUESTS ACTION TAKEN ON ITEM 6.1 SEPTEMBER 11, 1991 6.1 Request to approve a Sewer rate study by Rachlin & Cohen, not to exceed $10,000.00. City Manager Flatley reminded the Commission that Rachlin & Cohen conducted the City's water rate study and that a sewer rate study is needed at a cost not to exceed $10, 000 . 00 . Mr. Flatley advised Commissioner Bertino that this study cannot be conducted in-house and that the expertise of an outside consultant is needed. Mr. Flatley added that Rachlin & Cohen is used by most of the municipalities in the area to conduct this service due to the data bank information they have available compared to any other agency. Mr . Flatley informed the Commission that the City will be conducting an I & I study in the City that will be done in conjunction with all the large users out of one contract thru Hollywood. A motion was made by Commissioner Grace, seconded by Vice Mayor McElyea to approve the expenditure request not to exceed $10 , 000 for Rachlin & Cohen for a Sewer rate study. REGULAR MEETING 16 SEPTEMBER 10, 1991 1 r � The motion passed on the following roll call vote : Commissioner Bertino-no Vice-Mayor McElyea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 7 . DISCUSSION ACTION TAKEN ON ITEM 7.1 SEPTEMBER 11, 1991 7.1 Request by Chamber of Commerce for a full page ad in the Dania Annual. City Manager Flatley advised that the cost for a full page ad is $870 and that last year the cost was $805. Mr. Flatley stated that the Chamber corrected the charge to $790 as the City did not need the ad in two colors . A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve a full page ad for a cost $790 in the Dania Annual with the Chamber of Commerce and to include the City Attorney and City Clerk 's name in the ad. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea-yes . " Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes 8 . APPOINTMENTS ACTION TAKEN ON ITEMS 8.1 AND 8.2 SEPTEMBER 11, 1991 >, 8.1 Appointment to the Marine Advisory Board (Commissioner Bertino) Commissioner Bertino appointed Bill Hill. .t 8.2 Appointment to the Recreation Advisory Board (Mayor Mikes) Mayor Mikes appointed Kristine Hill . A motion was made by Commissioner Grace, seconded by Commissioner Hyde to accept the appointments for item 8.1 and 8.2. The motion passed on the following roll call vote: i Commissioner Bertino-yes Vice-Mayor McElyea-yes I' Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-yes AT THIS TIME, ITEM 3.1 WAS ADDRESSED AND ACTION WAS TAKEN ON SEPTEMBER 11, 1991 II 9. CITIZENS' COMMENTS -NONE 10. ADMINISTRATIVE REPORTS DISCUSSION ON 10.1 SEPTEMBER 11, 1991 City Manager 10.1 Workshop proposed for Tuesday, September 17, 1991 (7:00 p.m. ) to discuss Water, Sewer & Sanitation rates; water plant renovation bids; water tower painting; Jack Downs progress; Two (2) F.D.O.T. City maintenance agreements, etc. City Manager recommended to schedule a workshop for Thursday, September 19 instead of September 17 due to the Jewish Holiday. The Commission decided to schedule Monday, September 16 at 7 :00 p.m. for the workshop meeting. 10.2 Reminder that the City's first budget hearing is scheduled for Wednesday, September 11 (8:00 p.m. ) 10.3 Reminder that the City Commission is invited to meet with Marina Mile 84 business community at a luncheon scheduled for Thursday, September 19, 1991, at the Holiday Inn, 2275 State Road 84. REGULAR MEETING 17 SEPTEMBER 10, 1991 Y. cheon and Mr. Flatlet' encouraged the Comm ission to alacedwithsthengovernmental commented on the bus tour that will take p representatives for the area. City Attorney (DISCUSSION ON SEPTEMBER 11 , 1991) ut ion inp City Attorney Adler mentioned the oneclosingChourssfor loungesnand/ords edAttorney Prepare examples for to the ordinance he is preparing City bars. The Commission decided to have September 16. discussion at the workshop meeting 11. COMMISSION COMMENTS (DISCUSSION ON SEPTEMBER 11, 1991) 11.1 Commissioner Bertino - no comments 11.2 Commissioner Grace - no comments 11.3 Commissioner Hyde - no comments 11.4 Vice Mayor McElyea - no comments 11.5 Mayor Mikes at Dania Mayor Mikes ment ioned a call he received regarding the parking Elementary being very dangerous due to people parking in the "No Parking" area. He requested BSO to take extra efforts in enforcing the "No Parking" area for the safety of the children. "V suggested the Mayor Mikes mentioned the accidents that have taken place at the wall a be contacted or for the City to replace these items. loth Street where trees and hedges have been damaged an sugg insurance company This regular commission meeting was then adjourned. MAYOR-COM•fISSIO ER r CITY CLERK-AUDITOR a I REGULAR MEETING 18 SEPTEMBER 10, 1991 I i Y. AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 10, 1991 8:00 P.M. 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. INVOCATION ROLL CALL PRESENTATIONS * Broward Office of Natural Resource Protection reviews EPA' s plan to clean up the Lindsley Lumber site - Art Smith and Mira Barer. > * BSO Deputy of the Month. 1 . CONSENT AGENDA Ordinances 1 . 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING SECTION 17-22 OF ARTICLE 1, CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE APPLICATION OF A GRAFFITI RESISTANT FINISH TO BUILDINGS, WITH ALTERNATIVES; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS ^ OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF l SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (First Ordinance Reading) Resolutions 1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE FIVE PROGRAMS OUTLINED IN LETTER DATED AUGUST 21, 1991, FROM CAPT. THOMAS CARNEY, BSO COMMANDER, DISTRICT IX - DANIA; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ENDORSING THE GRANT APPLICATION OF FLORIDA INTERNATIONAL UNIVERSITY TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, FOR HISTORIC PLANNING IN DANIA; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, REQUESTING BROWARD COUNTY TO DELEGATE TO THE CITY OF DANIA ALL POWERS AS SET FORTH IN ARTICLE IV OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA ENTITLED "DOWNTOWN DEVELOPEMENT AGENCY" ; AND PROVIDING FOR AN EFFECTIVE DATE. " 1 1 t Y 2 . PROCLAMATIONS 2. 1 "Respiratory Care" Week (October 6-12, 1991 ) 2.2 "Nutrition Day" (October 15, 1991 ) 3.3 "Florida City Government Week" (October 7-11 , 1991 ) 3. BIDS 3 . 1 Award of bid for collection and disposal of solid waste. 4 . PUBLIC HEARINGS 4 . 1 "AN ORDINANCE OF THE CITY OF DANIA, FL, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT TO CHANGE THE AMOUNT OF THE MONTHLY RETIREMENT BENEFIT FOR BROWARD SHERIFF'S OFFICE DEPUTIES AND LAW ENFORCEMENT OFFICER' S ACTIVELY PARTICIPATING IN THE DANIA POLICE AND FIREFIGHTERS RETIREMENT SYSTEM RETIRING AFTER OCTOBER 1, 1992, CHANGING THE .. A'd RETIREMENT AGE, CHANGING THE AMOUNT OF EMPLOYEE CONTRIBUTIONS TO FUND SUCH BENEFITS, CHANGING THE EARLY RETIREMENT AGE, PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN, PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF �i RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH i CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (second ordinance reading) 4 .2 "AN ORDINANCE OF THE CITY OF DANIA, FL, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS AND RETIREMENT" TO CHANGE THE RETIREMENT AGE, CHANGE THE EARLY RETIRE- MENT AGE, AND PERMIT THE ESTABLISHMENT OF A DEFERRED RETIREMENT OPTION PLAN FOR FIREFIGHTER MEMBERS, 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) l 4 .3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REPEALING PERMITTED USE NO. 6 OF ZONING DISTRICT C-3 OF SECTION 4 .20, ARTICLE 4 , CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, RELATING TO WET OR DRY STACK MARINA AND RELATED FACILITIES; 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) 4 .4 "AN ORDINANCE OF THE CITY OF DANIA, FL, AMENDING IN THEIR ENTIRETY ARTICLES I, II AND III OF THE EXISTING CHAPTER 27 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA; PROVIDING FOR RULES AND REGULATIONS FOR THE MANUFACTURE, SALE AND DISTRIBUTION OF WATER BY THE CITY; PROVIDING FOR RULES AND REGULATIONS FOR THE COLLECTION, TREATMENT AND DISCHARGE OF SANITARY SEWERAGE AND OTHER WASTE WATER WITHIN THE CITY; 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) 2 4i 1 PUBLIC HEARINGS (continued) 4 .5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIASA, ENDEDADOPTING THROUGH ZONING SUPPLE- REGULATIONS OF BROWARD COUNTY, FLORIDA, MENT N0. 61, WHp APPLY CODO THE IFICAT D-GRIFFIN ROAD ONE;NANDOPROVIDING THAT ALL ANNEXED AREAS; PROVIDING FOR 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) 4.6 ,AN ORDINANACE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 15-12, OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, ENTITLED "LICENSE FEE SCHEDULE" , BY ADDING THPROVIDING CLASSIFICATION OF "COMMUNICATION TOWERS" THERETO; AND� 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 1' ordinance reading) Owner - Bridges at Canal Grove, Inc. ; property located 4 .7 Petitioner/ + at 4550-4622 SW 32 Ave Public Hearing - VA-34-91 - A Variance is operate an Adult Congregate Living requested for a variance to i Facility. (continued from August 27th, 1991 ) . i 4 .8 Petitioner/Owner - Neptune Fireworks/Itzak Dickstein; property _.' located at 768 East Dania Beach Blvd. Public Hearing - SE-55-88 - Reconsideration of a Special Exception Use is requested for the sale and storage of fireworks. 4.9 Petitioner/Owner - Bellsouth Mobility Inc./Allen L. Gabriel, Esq. ; property located at approximately 1700 NW 1st St. Public Hearing - a) SE-25-91 - A Special Exception Use is requested for a communication tower in the IRO zoning district. b) VA-26-91 - A Variance is requested for a variance from height requirements to allow a communication tower with a height of 120 feet in an IRO zoning district which has a limitation of 100 feet. 5. SITE PLANS 5. 1 SP-27-91 - Petitioner/Owner - BellsouthoMobility 1700/NWl1stL. l Gabriel, Esq. ; property located at app Y St- Site plan for a Communication Tower and Equipment Building. 6. EXPENDITURE REQUESTS er rate study by Rachlin & Cohen, not to 6. 1 Request to approve a Sew exceed $10,000 .00. 7 . DISCUSSION 7 . 1 Request by Chamber of Commerce for a full page ad in the Dania Annual. 3 Yi r 8. APPOINTMENTS 8 . 1 Appointment to the Marine Advisory Board (Commissioner Bertino) 8 .2 Appointment to the Recreation Advisory Board (Mayor Mikes ) 9. 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. 10 . ADMINISTRATIVE REPORTS City Manager 10. 1 Workshop proposed for Tuesday, September 17, 1991 (7 :00 P.M. ) to discuss Water, Sewer & Sanatation rates; Water Plant rennovation bids; Water Tower painting; Jack Downs progress; Two (2 ) F.D.O.T. City maintenance agreements, etc. i 10.2 Reminder that the City' s first budget public hearing is scheduled for Wednesday, September 11 ( 8:00 p.m. ) n•. 10.3 Reminder that the City Commission is invited to meet the Marina Mile 84 business community at a luncheon scheduled for Thursday, September 19, 1991, at the Holiday Inn, 2275 State Road 84. I City Attorney 11. COMMISSION COMMENTS 11. 1 Commissioner Bertino 11.2 Commissioner Grace 11.3 Commissioner Hyde 11.4 Vice Mayor Mc Elyea 11.5 Mayor Mikes 4 MAYOR'S PROCLAMATION WHEREAS, the health and welfare of our citizens is the top priority of the Florida Society for Respiratory Care which seeks the support of all of our community members; and WHEREAS, Respiratory Care is an allied health specialty used in the diagnosis, treatment, and control of patients with deficiencies or abnormalities of the cardiopulmonary system; and WHEREAS, the services offered by Respiratory Therapists and are vital to the ` Technicians, as licensed by the State of Florida, health and well-being of our citizens; and j WHEREAS, the Florida Society of Respiratory Care, as an ciation for RespiratoryCare, affiliate of the American Asso represents our Respiratory Care Practitioners in the State of � Florida. li OBERT MIKES, as Mayor of the City of NOW, THEREFORE, I, R i roclaim the week of October 6-12, 1991 Dania, Florida, do hereby p as RESPIRATORY CARE WEEK in the City of Dania and do hereby urge all our citizens to support and recognize the services of Respiratory Care Practitioners to the health care of mankind, their dedication to the delivery of their specialized services, and the expansion of their Professional Organizations. IN WITNESSES WHEREOF, I have hereunto set my hand and of caused dais eal to be September, affixed this y 1991. ATTEST: OBERT A. MIKES-MAY RO City Clerk - Auditor MAYOR'S PROCLAMATION WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important •:,: '; time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread " a the word to all the citizens of Florida that they can shape and a F influence this branch of government which is closest to the } people; and 4: llll WHEREAS, the Governor and Cabinet of the State of Florida y ' have set aside this week to recognize and honor the efforts of city governments; NOW, THEREFORE, I, ROBERT MIKES, as Mayor of the City of Dania, Florida, do hereby proclaim the week of October 7-11, 1991, i as CITY GOVERNMENT WEEK in the City of Dania and do hereby urge all our citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly. IN WITNESSES WHEREOF, I have hereunto set my hand and caused this seal to be affixed this loth day of September, 1991. ATTEST: ROBERT A. MIKES, MAYOR i City Clerk-Auditor MAYOR'S PROCLAMATION WHEREAS, the education of the youth of our city is of the utmost importance to the citizens of our community and to future generations; and WHEREAS, in order for these students to gain the most from their educational experience, it is imperative that they have the proper nutrition to keep their young bodies and minds strong and healthy; and _ +r WHEREAS, the children of today are better educated with regard to the importance of maintaining a proper diet and have benefited from nutritional studies done over the past decades; and u WHEREAS, Dania Elementary School students wish to show their awareness of the importance of a healthy diet by setting a week aside for this purpose. NOW, THEREFORE, I, ROBERT MIKES, as Mayor of the City of Dania, Florida, do hereby proclaim the week of October 14, 1991 as s l "DANIA ELEMENTARY NUTRITION AND WELLNESS WEEK" in the City of Dania and do hereby urge all our citizens, to join the youth of our city in recognizing the importance of good nutrition and the effect it has in every aspect of our lives. IN WITNESSES WHEREOF, I have hereunto set my hand and caused this seal to be affixed this loth day of September, 1991 . ATTEST: / R BERT A. MIKES, MAYOR `City Clerk-Auditor ,. 1