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HomeMy WebLinkAbout1991-05-28 regular City Commission Meeting Minutes and Agenda MINUTES DANIL CITY COMMISSION REGULAR MEETING MAY 28 , 1991 INVOCATION BY WANDA MULLIKIN PLEDGE OF' ALLEGIANCE ROLL CALL: Present: Mayor: Bob Mikes Vice Mayor : Charles McElyea Commissioners: Bill, Hyde Bobbie Grace John Ber. tino City Attorney: Frank Adler City Manager: Robert Fl.atley City Clerk: Wanda Mullikin PRESENTATIONS *BSO Deputy of the Month Award Lt . Feltgen mentioned that 42 cases of graffiti have been cleared up t, through the assistance of Sara Valdez Badger who was then presented with the Deputy of the Month Award. 3 *BSO status report on actions taken last week to curtail a tri. county cocaine distribution network. Lt . Feltgen reported that Alonso Palmer is in custody for the drug related murders of two women in the City. He also reported on the accidental death of a 33 year old women who drowned in a canal off of old Griffin Road. Lt. .eltgen stated that the BSO in conjunction with the Joint. Task Force did have a major narcotics operation going on for the past year which has caused several. individuals to be taken :into custody on May 22 involving the trafficking of cocaine. I,t. Feltgen mentioned that thru Commissioner Grace' s efforts a Dania girl scout will be sponsored by the MEBA Maritime Treasurers Dept. to go to a retreat in Washington, D.C. this summer. Lt . Feltgen introduced Sgt . Robert Faulkner from the BSO Organized Crime Division to repc,rL to the Commission . Sgt. Robert Faulkner reported on store front locations for prostitution along Griffin Road and surrounding areas in Dania within the last year. He mentioned that individuals running these locations have been investigated and charged with racketeering and that they will go to trial . tie stated that the BSO cannot do anything else other than continue to go into these locations on a weekly basis and expressed his frustration with Judges dismissing the cases . ITEM 3.1 WAS HEARD AT THIS TIME AN UNAGENDFD PRESENTATION WAS MADE AT THIS TIME. Mayor Mikes presented The Key to the City to Commanding Officer Bill Williams on behalf of the crew of the U. S. S. Arthur W. Radford docked at Port Everglades over the Memorial. Day weekend. Mayor Mikes mentioned that he and Commissioner Hyde attended a reception on this ship in conjunction with Broward Naval Days. Commissioner Hyde expressed his apprecialIion for being able to take part in this event and commended the crew of the U. S . S. Arthur W. Radford for their professionalism. REGULAR MEETING 1 MAY 28, 1991 1 i N- *Commendation to Travis Grace (Comm. Grace) At Commissioner Grace' s request , Fire Chief Grammer explained that in conducting a class on needle safety and awareness of discarded needles at Collins Elementary a student by the name of. Travis Grace came up to the paramedics and alerted them to the location of an exposed needle. Fire Chief Grammer read a letter of commendation to Travis Grace for his assistance in a potentially dangerous situation. PULLED FROM CONSENT AGENDA item 1 .7 has been moved to 4 .7 . Commissioner Mayor Mikes mentioned that Grace pulled item 1 . 5 and City Manager pulled item 1. 6 . 1 . CONSENT AGENDA Minutes 1 .1 May 14, 1991, regular meeting Bills 1 .2 Bills paid in the month of April , 1991 Resolutions 1 .3 A Resolution of the City of Dania, Florida , approving assignment of lease between Broward County and the City of Dania relating to Griffin Road site; and providing for an effective date. (Griffin Park) 1.4 A Resolution of the City of Dania , Florida, approving Eighth en Broward County and the City of Amendment to Inter.local Agreement betwe Dania providing for division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance; and providing for an effective date. I A motion was made by Commissioner Grace, seconded by commissioner Hyde to approve the consent agenda . The motion passed on the f.ol.l.owing roll call vote: Commissioner Bertino--yes Vice-Mayor McElyea-yes Commissioner Hyde--yes Mayor Mikes-yes Commissioner Grace-yes ITEMS PULLED FROM CONSENT AGENDA: 1. 5 A Resolution of the City of Dania, Florida , creating an Advisory Board to be known as "Parks and Recreation Advisory Board" ; and defining generally the purposes and duties of such board; and providing a method of appointing members of the board; and providing for the authority of the board to make recommendations to the City Commission and the Parks and Recreation Director of. the City of Dania on matters within the scope of the authority of the Board; and providing that all resolutions or parts of resolutions in conflict. herewith be repealed to the extent of such conflict; and providing for an effective date. (Comm. Grace) Commissioner Grace commented that due to the tremendous response she has received from citizens who are interested in participating oil this board, she suggested that the board be expanded so as not to deter anyone who wishes to participate . A motion was made: by Commissioner Gracie, seconded by Commissioner Bertino to continue this resolution to a workshop meeting to discuss further. 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 REGULAR MEETING 2 MAY 2.8 , 1991 1 i I . 6 A Resolution of the City of Dania , Florida, approving agreement between the City of Dania and Broward County regarding a Community Development Block Grant from Community Development. Division of. Broward County relating to Safe Neighborhood Revitalization; and providing for an effective date. City Manager Flatley mentioned that the funds have been secured to implement the plan for the Safe Neighborhood Program for Dania. Mr. Flatley commended the individuals who were responsible for implementing this plan and mentioned that. Dania was the only small City in the State who received this grant . A motion was made by Commi.ssi_oncr Grace, seconded by Vice Mayor McElyea to adopt this resolution. 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 2 . 1 National Safe Boating week (June 2 - 8 , 1991 ) Mayor Mikes read the proclamation in its ' entirety relating to National Safe Boating Week. ITEM 7 .1 WAS HEARD AT THIS TIME. 3. BIDS 3 F 3. 1 WAS HEARD DURING PRESENTATIONS : x 3.1 Receipt of bids for Houston Park Boat Ramp Improvements :i• A motion was made by Commissioner Bert:ino, seconded by Commissioner it Grace to close the receipt of bids for Houston Park Boat Ramp Improvements . The motion passed on the following roll cal.l vote: I Commissioner Bertino-yes Vice-Mayor McElyea-yes Commissioner Hyde--yes Mayor Mikes -yos Commissioner Grace-yes City Manager Flatley read the following four bids received and mentioned that these bids will be turned over to the City Engineers, Berry & Calvin for tabulation: M. Bone, Inc. , Cape Coral , F1 68, 758 Ray Qualman Marine Const . Co, Pompano Bch, F1 60, 000 Ocean Bay Const. , Pompano Bch, Fl. 43, 850 L.C. Boggs Industries, Dania, F1 64 , 088 . 18 BID BONDS ALL INCLUDED A motion was made by Commissioner Bertino, second by Commissioner Grace to turn the bids received over to the City Manager for tabulation by the City Engineers for the next regular meeting of June 11 , 1991. . 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 COMMISSION RETURNED TO PRESENTATIONS REGULAR MEETING 3 MAY 28 , 1991 - N- 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS 4 . 1 An Ordinance of the City of Dania , Florida , amending Article 1V, Chapter 13 by adding a new section thereto to provide for the issuance of a permit to collect, convey or dispose of garbage accumulated in the City of Dania; requiring hauling permits and disposal permits; and providing that all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an K fecLive date. City Attorney Adler mentioned that the ordinance has been amended to change the effective date to October 1 , 1991 as this is the beginning of the new fiscal year. City Manager Flatley stated that this ordinance affects commercial hauling companies by requiring them to pay $1 , 000 a year to do business in the City with commercial. businesses . Mr. Flatley mentioned that the business who contracts with a commercial hauler has to take out a permit for $15. 00 and advise the city of who the company is that will be hauling their garbage. Mayor Mikes opened the public hearing . Hearing no one speak in fdvor or Opposition, the Mayor closed the public hearing . A motion was crude by Commissioner BerCi.no, seconded by Commissioner Hyde to adopt this ordinance on second and final reading . •4, ' 4' 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 I y City Manager Flatley advised the Commission , at Clr:is time, that the City of Parkland has missed the deadline for joining Dania, Hallandale, 4,J Pembroke Pines and Pompano Beach in contrarLing w lh the Reuter' Recycling Plant . 4.2 An Ordinance of the City of Dania, Florida , amending Section 1 (a) of Article 4 of Part XII of the Charter of the City of Dania, Florida, to provide that long term leases for the I.T. Parker Community Center shall be prohibited except by approval of the terms and conditions of such a lease by the electorate of the City of Dania by a referendum election to be held after advertised public hearing; providing that except as herein amended all other provisions of said Article 4 of Part XII shall remain in full force and effect; and providing that all li ordinances and 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. The Commission encouraged adoption of this ordinance so that the citizens of Dania can continue to utilize and control the I .T. Parker Center- for public use and in the event that an individual wishes to lease the center on a long term basis a referendum vote will be required. Mayor Mikes opened the public: hearing. John Beyer expressed his appreciation to the Commission for their support in this matter . Faye Bartelmps au ggerted that the ' }JJ 0 day :_,hurl term lra _ e option be excluded to no more than 2 weeks . Vivian and Irving [Farman expressed approval of this ordinance. Hearing no further comments , Ur«, �•la��r,r closed the Public hearing , A motion was made by Commissioner Hyde , seconded by Vito Mayor Mo.Flyea to adopt this ordinance an 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 REGULAR MEETING 4 MAY 28, 1991. 1 i 4 . 3 An Ordinance of. the City of Dania , Florida , amending Section 1 of Article 3 of Part XII of the Charter of the City of Dania , Florida , relating to the sale, trade, exchange or disposal of City property; and providing that all ordinances or parts of ordinances and all resolutions and parts of resolutions in conflict herewith be repealed to the extent: of such conflict; and providing for an effective date. Mayor Mikes opened the public hearing . John Bruckner commented on the Commission being given the power to approve property valued tap to $250 , 000 without any input from taxpayers . City Attorney Adler stated that there will still be public hearings required on the disposal of city property and that this ordinance requires the approval of 4 Commissioners instead of just 3 . Hearing no further comments , the Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt this ordinance on second and final reacling . The motion passed on the following rol.l. call vote: Commissioner Bertino--yes Vice -Mayor McElyea-no S7ommissioner Hyde-yes Mayor Mikes--yes Commissioner Grace-no 4.4 An ordinance of the City of Dania, Florida , correcting scr.i.vener' s V , error in the title and Section 1 of Ordinance No. 46-90 , as passed and adopted on second and final reading on the 11th day of December, 1990; and providing for an effective date. 1{ City Attorney Adler advised that ordinance 46-90 Secti<,rt 11-7 provided ; "• for the City Manager to contract for disposal of the junk picked up and p at the second reading this Section was deleted but not. :in the title of the ordinance. Mr. Adler advised that this ordinance corrects this i scrivener ' s error . 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. l 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 4 .5 An Ordinance of the City of Dania , Florida , amending Article 11 of Chapter 28 of the Code of Ordinances of the City of Dania, Florida, by amending Section 11 . 10 to include land use plan and by adding a new section to be numbered 11 . 10. 1 and entitled "Petitioner-Applicant Requirements" providing for waivers; and providing that all ordinances or parts of ordinances and all resolutions and parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date. . Mayor Mikes expressed the need for 1ho adoption of this ordinance to require applicant and/or petitioners to disclose the owners of property when requesting land use changes . Commissioner Bertino clarified that this ordinance only affects rezoning and land use changes and not property owners with existing land use situations . Mayor Mikes opened the public hearing . Al Spies expressed his concerns that the ordinance may have a negative effect on investors coming into the city causing a loss of economic growth for Dania . John Bruckner and Jay Fields didn ' t feel investors coming into this Cite should have a problem with divulging their ownership and encouraged 'approval . Hugo REGULAR MEETING 5 MAY 28 , 1991 t Renda and Vivian Warman expiassed appF,w 1 c0 this•. ,rdinaru'e . H".0-invj no further comments.. , the Mayor closed the public hearing . A motion was made by Commissioner Bertino, seconded by Vice Mayor McElyea to adopt this ordinance on second and final reading . Mayor Mikes and Commissioner Hyde expressed their approval of this, ordinance and confirmed that this ordinance will not deter development in the City. 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 4.6 An Ordinance of the City of Dania , Florida, repealing Ordinance No. 38-90 entitled "District Regulations" as passed and adopted on second and final reading on September 11 , 1990; and providing for an effective date. City Attorney Adler stated that the provisions in Ord . 38-90 were included in Ord. 10-91 and that this Ordinance will just move the provisions all in the same place and deter repetitiveness . Mayor Mayor Mikes opened the public hearing . Hearing no one speak in favor or yq� le opposition , the Mayor closed the public hearing. A motion was made by Commissioner Hyde , seconded by Commissioner Bertino to adopt this ordinance on second and final reading. The motion passed on the following roll call vote: i. j Commissioner Bertino- e: Y Vice-Mayor McElyea yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner. Grace-yes 4.7 An Ordinance of the City of Dania, Florida , amending Section 4.10 of Article 4 and Section 2. 10 of Article 2, Chapter 28 of the Code of Ordinances of. the City of Dania , Florida, to provide for. Communication Towers as a special exception use in I-G, I-R, C-4 and C-3 zoning district classifications; providing for a definition of "Communication ` Towers"; and providing that all ordinances or parts of ordinances and If all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict; and providing for an effective date. City Attorney Adler mentioned that this item was listed under item 1 . 7 on the agenda but due the fact that two public hearings are required and that this ordinance has been advertised for this meeting, C was necessary to address it as item 4 . 7 . Will Allen , Growth Management Director, stated Lhe this is the first Public hearing on this ordinance and that the second public hearing will be at the next regular meeting on June IL . Mr . Allen mentioned that: Cellular One made a request for Communication towers and since the zoning code did not address the issue a text change was required in the Code . He mentioned that the ordinance will allow communication towers as a special exception use in T-G, I-R, C-4 and C -3 zoning districts and stated that the Planning and Zoning Board reviewed and approved this amendment . Representatives from Cellular One explained their companies need for the communication towers in Dania to add more capacity for servicing thei-r customers and confirmed the height of 100 feet and location . Discussion followed regarding the use of the tower being limited to Cellular One only and that Dania Fire Rescue would be allowed to use the tower if necessary. Pat Sullivan, property owner where the tower will be located , came forward to state that he would be willing to move his roofing company equipment from NW 1st Avenue and put it on NW 3rd Avenue facing the railroad tracks . He felt this would be an improvement to the area . REGULAR MEETING 6 MAY 28 , 1991 i t 4 Mayor Mikes opened the public hearing . Alex Buchshaum expressed his approval and need for cellular phones . Hearing n" further commontr, , thi , Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice Mayor McElyea to adopt this ordinance on first reading . Mayor Mikes requested that the ordinance and landscaping requirements he reviewed at a workshop meeting prior to the second reading . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice -Mayor McEl.yea-yes Commissioner Hyde-yes Mayor Mikes-yes Commissioner Grace-abstained AT THIS TIME, THE COMMISSION MOVED TO ITEM 7. 2 5. SITE PLANS - None 6. EXPENDITURE REQUESTS - None 7. DISCUSSION 7.1 Water Plant: #- *Request for proposal analysis; for $790, 000 to finance Dania 's Water Plant rehabilitation. 1� Lisa Layne, Rachlin & Cohen, informed the Commission that four Requests j, for Proposals have been received for financing the Dania Water Plant:rehabilitation: Family Bank of Hallandale dj Barnett Bank of South Florida a Sun Bank of South Florida William R. Huff & Co. Based on analysis by Dania staff and herself, they ranked Family Bank of Hallandale as having the most favorable proposal based on a ten year fixed rate. City Manager Flatl.ey recommended to go with the Family Bank of Hallandale Proposal . A motion was made by Commissioner Be seconded Grace to accept the Family Bank of Hallandale by Commissioner $790, 000 to finance Dania ' s [eater Plant rehabilitation analysis for 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 *Further information as requested on the expansion of the existing Dania Water Plant. John Calvin, Berry & Calvin , reported that his engineers and Bud Palm, City Utility Director , are revising the final plans to rehabilitate the Dania Water Plant . When the plans are ready, he will submit for permit and go out to bid . Discussion followed with Mr . Calvin regarding the expansion alternatives with relation to purchasing water from either Hollywood , Ft . Lauderdale or Broward County . He mentioned that Hollywood needs to know if Dania wishes to purchase water as they need to include this in their calculations for expansion as well . REGULAR MEETING 7 MAY 28 , 1991 1 - - » [,`r h�ing do�rodeoi o// Commissioner Becti»» ezPcP«sed l/ inic»ococ,uzre and du" \ ^ /he cox) f�ll cumeotaI ageury Io/ w« «r � rkshoy aovther g»ve di cxsso� {ur\bor i» a u» � this issue should be o Der�io^ 0o by Cnmmisyioopc My0o ' seconded b>� L.�mm� ssioo^r A motion was *a June 18 nort*h^P meet io0 - to defer this item to u The motion passed ou the following roll call vote: Vice-mayor MrOlyoa Yes Commissioner Bortiu»-Yes Mayor Mjkos yuo Commissioner Hyde-Yes Commissioner Grace-yos AT THIS TIME, THE COMMISSION RETURNED 70 4 . 1 . I,yEM 7 .2 ��3 BU&kD AFTER ITEM 4 ,7 ^ d Aqua Jet through agreement between the CitY and lake per month 7 .2 �al�e maiot�uan«» ag the CiLy of Dania paying ��0 Per ^ ]0 l99l with e September ' ' �ug �9 57 per month. and the property owners pay ' month �] at] wy otn[od that the City has been yayioga$40for perlmoo City �laoaQ«r that af�ec discussing the Pcv»�'" ^ ^ ' ru for lake maio(nuaoor and � \a Lakes a»8 yolyou Lakes U^m«»«»e with the Meadowbr^«kJet . The homeowners maintenance v le�ocmiuod \v utilize Aqua g � 57 over the Ci\Y ' s }`e»^cixt��u» i� was ' the addition'' «b«cg« »i $ � �'period thru associations would pay d that this would c»««c the b proposed at $40 nbacgo for 7 lake« «o d that u new cpo\/act would a P this,� bey 20th R* m«o�i"o* no 9«ar y^riod and that 8oP «m � fiscal year for u » total Of 8 � the beginning Of the y the Griffin area f»� o » would include 000 more lake fro"' lakes . � o0 that she has rec eived written Wanda MuIlikiu. City C] *rk' vnci/ �^r the Mead^wbr«*k Lakes u a \ic /m all Board »f Dire'ioc» wishes t« retain yg approval f ecvic o Condominium 8ao«ciati^n« / ext»Pi �ha on rog«*«ti»g s the Nelson Lake O^w««wnery AnoOciaLi Services , and Led to oVo\ant Phase IV iu�euaur« with }gva Jot . e y their own or for lake ma optioo of retaining Aquatic systemsn» under and allow them the nclxded in the Aqua Jet Agreement this request . joining the v�bor Phases to huion aPPcnre the same terms should the Commiysi exoudnd by Cnmmissi`x�or | wade by Cwomioaiouer Gcac« ' s � b^�veoo the City and / & m»[i»» was tbo lake maintenance agreement � � Dertiuo to approve Aqua Jet . / the [ollowiog roll call voLu: The m*LiVo passed on l�c8lyeu-yes Vice-Mayor Commiosionar Dertj»»-Yes Mayor Mikes -Yes i Commiss ouer 8yda-yoe Commissioner Grace-yes at � Extension �u requested by Press Express to display two banners ? .] 1200 Stirling Road. Cspc000 has ( Director ' espl^i��nd that Pz'»» 6 month Will Allen , 6c�«ib Management hac in Al. gost o� l99V and a been approved to display ] haou«ruj c^q«ost is to roLo' o two «I the � [ l990 |n s « while Mr . Green ~ - ' i � vemho� » � ' - � down x * � o��eosiou n » ^ - take two banners ^`^� � - a for another 2 m^»i\'s and h�; hoaioeno � hauo«r maoon|� oigualod to advertise looks into P«c � 6 o«* �o�lyoa aoc*ndod by Cnm rminy�onec Aotion wao m«�e b� Vice Mayor l 2 h/ 000co �zpr*s [o/ 2 mouCbx for Press t« approve m co«e the extension to display « s a\ l200 8tizliug Road . The motion passed no the following roll call vote: Vice-Mayr*r Mn8lyca-Yes CVmmioaiVonc Dertio*-yes Mayor Mikes-Yes Commissioner Hyde-yea Commissioner Grace-yes REGULAR MEETING MAY 28 ,/ 1991 � � / 4 7 . 4 Confirmation of the fee structure for this year ' s summer recreation program. A motion was made by Commissioner Bertino, seconded by Vice Mayol McElyea to approve the fee structure for this Fear ' s summer recreati"11 program as follows : Resident Non- Resident- FULL DAY HALF-DAY FULL DAY HALF DAY Full Payment $50 .00 $25. 00 $225 . 00 $135 . 00 Biweekly 15.00 7 . 50 75. 00 45 . 00 Weekly 10 . 00 5. 00 10 . 00 25 . 00 Individuals qualifying as moderate or low income families according to the HUD guidelines would be charged 1/2 the 1991 rate with proof of qualification required with a 10% discount for more than one (1 ) child per family. The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McElyea- yes Commissioner Hyde- yes Mayor Mikes-yes Commissioner Gracie-no ,4 4 7. 5 Manatee Protection/Boating Safety Task Force final public hearing scheduled for (Wednesday) May 29 , 1991 , at 5: 15 p.m. in Room 437, Governmental Center. . Commissioner Hyde advised the Commission and audience that there is a series of hearings going on regarding the protection of manatees so that the Broward County Commission can adopt a plan for submission to the State. He requested public participation in this hearing scheduled for .i May 29 . 7 .6 Review and approval requested of the South Florida Regional Planning Council agreements pertaining to the mediation process involving the Airport Authority, Dania and the Planning Council . City Manager Flatley advised that. 3 draft agreements have been received from the Planning Council to he reviewed and responded to by May 31 . The first agreement involves entering a mediation process , second is the mediation agreement involving hiring a mediator and the third is an escrow agreement . Mayor Mikes suggested that the Airport Committee review these agreements on June 5 and to then have Attorney Curtis at the workshop meeting on June 19 for further review prior to taking action at the regular meeting June 25. 7.7 Concern for wellfield protection in Southwestern Broward County. Commissioner Hyde requested that: resolution be adopted urging Broward County Commission to do everything possible to protect the Southwest: Broward County wellfields and drainage systems . A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to direct City Attorney to draw up a resolution requesting Broward County Commission to enact policies protecting the water supplies of Dania and all other municipalities in Broward County to be brought: back at the nett regular meeting of June 11 . The motion passed on the following roll call vote: Commissioner Bertino-yes Vice-Mayor McE'l.yea-yes Commissioner Hyde-yes Mayor. Mikes-yes Commissioner Grace-yes REGULAR MEETING 9 MAY 28 , 1991 i 4 a, 8 . APPOINTMENTS 8 . 1 Appointments to the Dania Housing Authority. (Mayor Mikes) Mayor Mikes mentioned that new legislation has passed allowing two additional appointments to the Housing Authority. Mayor Mikes appointed Jay Fields as his first appointment and continued his second appointment to the next regular meeting of June. 11 , 1991 . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to accept the Mayor ' s appointment of Jay Fields to the Housing Authority. 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 8.2 Appointments to Marine Advisory Board . City Clerk Mullikin advised that two appointments are needed from Commissioner Grace, commissioner Hyde, Vice Mayen- McElyea and one from Mayor Mikes . Commissioner Grace appointed Tim McLeod and contlnand her second appointment . Commissioner Hyde appointed Joseph DeMi.co and continued his second appointment until a provision can be added establishing the Marine Advisory Board to include persons who nwn/operate businesses relating to the Marine field who are not residents of the City. �I r ' Vice Mayor McElyea appointed Frank Hill and Bob L:izana . j A motion was made by Commissioner Hyde, seconded by Vice Mayor Mikes to 4 adopt a resolution appointing these members to the Marine Advisory ' j Board. 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 i 8 . 3 Appointments to Downtown Redevelopment Agency. Commissioner Hyde appointed Hugo Renda . Commissioner Bertino appointed Michael Del 9apio. Vice Mayor McElyea appointed Jim Focourek. I� Commissioner Grace appointed Harvey Darcy. Mayor Mikes appointed Ron Spencer . A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to accept the appointments as made to the Downtown Redevelopment Agency. 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 9 . CITIZENS' COMMENTS - None REGULAR MEETING 1.0 MAY 28 , 1991 r- t e. 10. ADMINISTRATIVE REPORTS City Manager 10.1 Dania Beach Boulevard Health Trail Dedication and lunch seL for 12: 30 p.m. , Wednesday, June 19, 1991 , at. Dania Beach . City Manager Flatley requested approval of the Dania Beach Boulevard Health Trail Dedication so that he can send out: invitations for this event . The Commission agreed . 10.2 Reminder that the Dania Posse' ride-, at 9 a.m. on Saturday , June 1 , 1991 , providing free t-shirts to those caught improving their properties. City Manager reminded the Commission of the Dania Posse' ride June 1 at 9:00 a.m. City Attorney City Attorney Adler advised the Commission that the legislature passed an act regarding mandates by imposing a minimum incidental amount not to exceed 1 . 4 million on cities . He encouraged the Commission to contact the governor and ask him to veto this bill. as 1 .4 million is a major impact to Dania and most cities . 11. COMMISSION COMMENTS 11. 1 commissioner. Bertino Commissioner Bertino commended the American Legion for their Memorial Day event at the beach. is Commissioner Bertino inquired into the letters of vacation for some roads that lead into the Ri.bbonwriter property advising that people have x encroached on the right-of-ways . '•� Will Allen, Growth Management Director, stated that: he is working with •_ the City Attorney on the final. legal language and that the letters should go out in the next day or two. Commissioner Bertino mentioned his concern for dogs being abused and killed in the City and advised people to take precautions for their I! animals. Will Allen advised Commissioner Bertino on the status of the graffiti problem at the Publix Shopping Center. 1.1 .2 Commissioner Grace Commissioner Grace mentioned that she attended the Memorial Services for the Dania Post 209 along with Fort Lauderdale Post 220 yesterday and commented on the public support. for this service. She stated that Malayna Morton will be returning from Saudi Arabia soon and that she will advise the Commission when she knows Lhe exact date so that the City can honor her with a Key to the City. Commissioner Grace commended city staff for the removal of cerLain buildings in the City and requested a pink building located on NW 14th Way be removed as well . 11 .3 Commissioner Hyde Commissioner Hyde commented on the frustration that BSO has had with the massage parlors in the Griffin area . Mr. Flatley staged that their permits have been denied. Commissioner Hyde mentioned the drainage problem at Bryan Road. Tim Tapp, Recreation Director, stated that this is a county road and that there is a main drainage pipe coming Lhru from 1 95 that can possibly be used to resolve this situation . He has asked City Engineers to look into this for the City and will advise the Commission as information is received. REGULAR MEETING 11 MAY 2.8 , 1991 1 Yi 11 . 4 Vice Mayor McElyea Vice Mayor suggested that the City check into pot holes in need of repair in the City due to the increased rain. 11 . 5 Mayor Mikes Mayor Mikes mentioned his attendance at a 9 hour Neighborhood Planning Seminar and also a Mer:itime Merchant Marine Wreath Ceremony on the day the recent drug arrests took place in Dania which ]s why he was not available for comment, to the press . He also reported on his success in submitting a grant application with F.I .N.D. Mayor Mikes encouraged attendance at the Airport Advisory Meeting scheduled June 5 at 7 : 30 p.m. along with the Dania Civic Association. City Manager Flatl.ey mentioned that representatives from the Airport will be present to update Dania on the air and noise monitoring systems and where the aide stations will be placed in relation to the airport expansion. R Mayor Mikes expressed concern for the ongoing drainage problem at the Publix Shopping Center. City Manager Flatley reported that Will Allen i, is working with the property owner to see if. Bill Brooks can be hired to resolve this drainage problem. ly Discussion followed regarding the cheekee huts at the beach that are in need of repair. st Mayor Mikes mentioned that in regards to the F. I .N.D. grant approval , a more defined vessel equipment proposal has to be prepared by their July I meeting. Mayor Mikes suggested that City Manager add this to the next workshop meeting. •, City Manager reported that: there has not been any further response from EPA to Broward County EQCB in regards to the Lindsley Lumber cleanup. This regular commission meeting was then adjoiu ned. MAYOR-COMMISSIONER i /CITY CLEW-AUDITOR REGULAR MEETING 12 MAY 28 , 1991 i 4" AGENDA DANIA CITY COMMISSION REGULAR MEETING MAY 28, 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 * BSO status report on actions taken last week to curtail a tri—county cocaine distribution network -�, * BSO Deputy of the Month Award Commendation to Travis Grace (Comm. Grace) CONSENT AGENDA Minutes 1 . 1 May 14, 1991 , regular meeting Bills 1 . 2 Bills paid in the month of April , 1991 Resolutions 1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING ASSIGNMENT OF LEASE BETWEEN BROWARD COUNTY AND THE CITY OF DANIA RELATING TO GRIFFIN ROAD SITE; AND PROVIDING FOR AN EFFECTIVE DATE. " (Griffin Park) I� 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING EIGHTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. " 1.5 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CREATING AN ADVISORY BOARD TO BE KNOWN AS "PARKS AND RECREATION ADVISORY BOARD"; AND DEFINING GENERALLY THE PURPOSES AND DUTIES OF SUCH BOARD; AND PROVIDING A METHOD OF APPOINTING MEMBERS OF THE BOARD; AND PROVIDING FOR THE AUTHORITY OF THE BOARD TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION AND THE PARKS AND RECREATION DIRECTOR OF THE CITY OF DANIA ON MATTERS WITHIN THE SCOPE OF THE AUTHORITY OF THE. BOARD; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Comm. Grace) 1 i CONSENT AGENuA (continued) Y OF 1 . 6 RESOLUTION OHEFIT BETWEEN THE CT DANIA DANIA,AND BROWARD � COU COUNTY I REGARDING NG ENA COMMUNITY DEVELOPMENT BLOCK GRANT FROM COMMUNITY DEVELOPMENT DIVISION OF BROWARD COUNTY RELATING TO SAFE NEIGHBORHOOD/ REVITALIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. " Ordinances 1.7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4 . 10 OF ARTICLE 4 AND SECTION 2. 10 OF ARTICLE 2, CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR COMMUNICATION TOWERS AS A SPECIAL EXCEPTION USE IN I-G, I-R, C-4 AND C-3 ZONING DISTRICT. CLASSIFICATIONS; PROVIDING FOR A DEFINITION OF T ALL ORDINANCES OR PARTS OF"COMMUNICATION E D PROVIDING A 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. " 1 a 2. PROCLAMATIONS 1991 ) 2. 1 National Safe Boating Week (June 2 - , r 3. BIDS (8: 15 p.m. ) 3. 1 Receipt of bids for Houston Park Boat Ramp Improvements 3 4. PUBLIC HEARINGS ( final readings) 4. 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE IV, j CHAPTER 13 BY ADDING A NEW SECTION THERETO TO PROVIDE FOR THE ISSUANCE OF A PERMIT TO COLLECT, CONVEY OR DISPOSE OF GARBAGE 1 � ACCUMULATED IN THE CITY OF DANIA; REQUIRING HAULING PERMITS AND DISPOSAL PERMITS , AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " [ 4. 2 "AN GOOF ARTICLEANCE 4THE CITY OF PART OF DANIA, OFATHE FLORIDA, CHARTERAMENDING SECTION 1(a) THE CITY OF ff DANIA, FLORIDA, TO PROVIDE THAT LONG TERM LEASES FOR THE I .T. PARKER COMMUNITY CENTER SHALL BE PROHIBITED EXCEPT BY APPROVAL OF THE TERMS AND CONDITIONS OF SUCH A LEASE BY THE ELECTORATE OF THE CITY OF DANIA BY A REFERENDUM ELECTION TO BE HELD AFTER ADVERTIS - ING THAT PUBLIC PROVISIONS SAIDDARTICLE 4 OF EXCEPT PARTA HEREIN XII SHALL REMAIN IN FULL FORCE AND EFFECT; 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. " (Mayor Mikes) DING 4 .3 OF ARTICLE 3E OF THE OF PART CITY OF XII OF THE CHARTER OF THE N SECTION CITY OF DANIA, FLORIDA, RELATING TO THE SALE, TRADE, EXCHANGE OR DISPOSAL OF CITY PROPERTY; 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 EFFECTTIVE DATE . " (Mayor Mikes) 2 l t 4. r PUBLIC HEARINGS (continued) 4.4 "AN ORDINANCE OF THE CITY OF DANIA FLORIDA, CORRECTIN , SCRIVENER'S ERROR IN THE. TITLE AND SECTION 1 OF ORDINANCE N0. 11TH0DAYSOF PASSED ECEMBER, 19903EANDN SECOND PROVIIDIING NFOR AN EFD FINAL FECTIVE DATE. " READING ON HE 4 .5 OFN CORDINCEHAPTER 28 OOF T THE CCODE OF ORDINANCES FLORIDA, AMENDING THEN ARTICLE CITY OF DANIA, FLORIDA, BY AMENDING SECTION 11 . 10 TO INCLUDE LAND USE PLAN AND BY ADDING A NEW SECTION TO BE NUMBERED ING 1. 1. 1 AND WAIVERS "PETITIONER-APPLICANT REQUIREMENTS ' ; PROVIDING THAT ALL ORDI..A.. E OR. PARTS OF ORDINANCES AND ALL ICT ITH BE RESOLUTIONS 1ONS REPEALED TO OR PARTS PEXTENTO OF R ul VIDING R N SUCH CONFLICT;IN COD LPROW CO A EFFECTIVE DATE." (Mayor Mikes) 4.6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REPEALING ORDINANCE N0. 38-90 ENTITLED "DISTRICT REGULATIONS" AS PASSED ASSE AND PROVIDING ADOPTED ON SECOND AND FINAL READING ON SEPTEMBER 11 , 1990;FOR AN EFFECTIVE DATE." 5. SITE PLANS - none a 6. EXPENDITURE REQUESTS - none � 7 7 . DISCUSSION 7. 1 Water Plant: * analysis for $790 ,000 to finance Dania s Request for proposal Water Plant rehabilitation. * Further information as requested on the expansion of the existing Dania Water Plant. 7. 2 Lake maintenance agreement between the City and Aqua Jet through September 31 , 1991, with the City of Dania paying $40 per lake f per month and the property owners paying $9. 57 per month. by Press Express to display two banners at 7. 3 Extension is requested 1200 Stirling Road. ! 7 .4 Confirmation of the fee structure for this year 's summer recreation program. 7 . 5 Manatee Protection/Boat scheduled for (Wednesday) May ing Safety 1991,Task Fatc5: 15np1mal pubn1 Room a437g Governmental Center. (Comm. Hyde) 7 .6 Review and approval requested of the South Florida Regional Planning Council agreements pertaining to the mediation Council . rocess involving the Airport Authority, Dania 7 .7 Concern for wellfield protection in Southwestern Broward County . (Comm. Hyde) 3 6 8. APPOINTMENTS 8. 1 Appointments to the Dania Housing Authority. (Mayor Mikes) 8. 2 Appointments to Marine Advisory Board. 8. 3 Appointments to Downtown Redevelopment Agency. 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 Dania Beach Boulevard Health Trail Dedication and lunch set for 12: 30 p.m. , Wednesday, June 19 , 1991 , at Dania Beach. 10 .2 Reminder that the Dania Posse' rides at 9 a .m. on Saturday, June 1 , 1991 , providing free t-shirts to those caught improving their properties. City Attorney ,j 11 . COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11 . 2 Commissioner Grace 11 . 3 Commissioner Hyde l 11 . 4 Vice Mayor Mc Elyea 11 .5 Mayor Mikes I I l 4 1 i hi { ADDENDUM DANIA CITY COMMISSION REGULAR MEETING MAY 28, 1991 PRESENTATIONS * Key to the City presented to Captain Bill Williams, Commanding Officer of the Arthur W. Radford, Navy Destroyer, in conjunction with Navy Days r,yi 1 py �1G1 5 J5 n I't t t i 4. FORM SRI IEMORANDUM OF VOTING CC LICT FOR COUNTY, MUMCIPAL, AND OTHER LOCAL PUBIC OFFICERS LAST' NAME—FIRST NAM G—AIIDU LINANIE NAME OP BOARD, COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE mill L (I `) 111E BOARD,COUNCIL, CON A ISSION, AUTHORITY,OR COMMITTEE ON MAILING •ADDRLSS WHICH I SERVE IS A UNII /)1C (,I I Y COUN1Y 01 HER LOCAL AGENCY CIT1' ll / (OUN T\ NAMG Or POLITICAL SUBDIVISION: A l- r.� 33�af. I ✓i�✓c �t.� ( unfn� , ss . �,,� ,� UAtE ON WHIC11VOIFOCCURR� ) /� MY POSITION I5: ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council,commission,authority, Or committee. 11 applies equally to members Of advisory and non-advisory bodies who are presented with a voting conflict of interest under Seeli011 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold all elective or appointive position. For this reason, please pay close attention to the instructions on this form Y' before completing the reverse side and filing the form. p, h - INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local Officer also is prohibited from knowingly voting On a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to innuence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the Other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. PAGE I ll I(IR\I NIf IIINh � , I 4. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ry I, 6 Lf 14 (" ��' hereby disclose that on �j CI u (a) A measure came or will come before my agency which (check one) inured to my special private gain; or % `/ // �C,C}I"` by whom I am retained. inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: 1 Dat Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 CE FOHM SH 1086 ,1 1 P R O C L A M A T I O N WHEREAS, water-related recreational activities are vital elements in the lives of the citizens of the City of Dania; and WHEREAS , Florida's 8, 400 miles of saltwater tidal coastline, 3 million acres of inland lakes and 11 ,000 miles of rivers and streams provide for many of the needed outlets for recreation and relaxation; and WHEREAS , recreational boating is one of Florida ' s leading outdoor activities with more than 4 million residents participating in this pastime; and WHEREAS , Florida is the fastest growing recreational boating state in the nation with over 718,000 registered vessels and increasing at over 10,000 vessels each year; and WHEREAS, every year lives are lost in boating accidents in spite of the educational efforts of the Florida Marine Patrol, U.S . Coast Guard, U.S . Coast Guard Auxiliary, U.S . Power Squadrons, Florida Game 1 and Fresh Water Fish Commission and local agencies; and WHEREAS, the Florida Marine Patrol , U.S . Coast Guard, U.S . Coast i Guard Auxiliary, U.S . Power Squadrons, Florida Game and Fresh Water j Fish Commission and other cooperating agencies and groups have developed and are now executing campaigns in this field; and WHEREAS , the sponsors of these safety programs have addressed their efforts to the youth and general public of Florida, urging them to enhance boating pleasure and avoid possible loss of life and property damage. I WHEREAS, we the citizens of the City of Dania, affirm and support the goals of National Safe Boating Week , June 2-8, 1991 . NOW, THEREFORE, I , Robert Mikes, Mayor of the City of Dania , Florida, do hereby proclaim the week beginning June 2, 1991 , as NATIONAL SAFE BOATING WEEK in the City of Dania, and urge all citizens who use our waterways to join in learning and practicing safe boating and in having their boats j inspected for proper safety equipment. I set my hand this 28th day of May, 1991. Attest: / / Robert Mikes, Mayor. Wanda Mullikin, City Clerk