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Home My WebLink About34820 - MINUTES - City Commission �w4�0.""J..�..•r �� "r'N�2y-e�rti%i.._1ka' ��' M.�S .„�Y/��-4��I�I S��_Yv_Y�L. r�yn � ;' h , MINUTES Al DANIA CITY COMMISSION REGULAR MEETING OCTOBER 13, 1992 rF INVOCATION BY WANDA MULLIKIN qIqtt PLEDGE OF ALLEGIANCE ROLL CALL: Present: � f Mayor: Bill Hyde Vice Mayor: Bob Mikes C Commissioners: John Bertino Bobbie Grace Robert Donly City Attorney: Frank Adler City Manager: Robert Flatlet' City Clerk: Wanda Mullikin PRESENTATIONS "Fire Chief Granuncr reported that the new rescue truck is presently needed for rescues but that he hopes to have it available at the next Conuttission meeting for the Commission to view. Chief Grammer presented a State of Florida incident report for a six month period and presented the monthly Fire and Rescue Administrative report. He advised that more information would be presented at the next Commission meeting on the Fire Department's plans to distribute food and toys at Christmas time to help needy families. , 1 "Captain Carney mentioned that "Red Ribbon Week" begins October 24 thru November 1, 1992. I Captain Carney advised that the Chamber of Commerce is sponsoring this event again this year and + mentioned some of the events that will take place on October 24th during the barbecue at Frost Park. Captain Carney encouraged attendance at the "Rededication Celebration of Griffin Park" on Sunday. Ile reported that on October 9th a prostitution sting resulted in 18 arrests along with the confiscation of three guns. Ile updated the Commission on anew project being implemented by BSO called "Neighborhood 2000" that will be started in the westside of the City. This program will respond to complaints of law enforcement and serve community needs. lieutenant Wallace presented information on the operations of the new program. Alex Buchsbaum, Griffin Civic Association, encouraged attendance at the "30th Anniversary of the Griffin Civic Association" and the "Rededication of Griffin Park" that are taking place on Sunday, October 18 from 12 noon to 6:00 p.m. F - Will Allen, Growth Management Director, stated that the agreement with FEMA was signed on i Friday and that he expects to receive a check in the amount of $209,000 shortly. This money covers i the debris removal and protective measures relating to the Hurricane Andrew disaster that took place August 24th. The second check is estimated at S200,000 which will cover September issues and lastly, a $35,000 check is expected to cover building site damage. PULLED FROM THE CONSENT AGENDA Vice Mayor Mikes pulled item 1.7 from the Consent Agenda. 1. CONSENT AGENDA ! A motion was made by Commissioner Grace, seconded by Commissioner Bertino to approve Consent i Agenda items 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.8, 1.9, and 1.10 with the exclusion of item 1.7. The motion passed on the following roll call vote: I Commissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes 1 1.7 City Attorney Adler read the title of the resolution authorizing the Mayor and City Manager to execute documents necessary for application to the IRS relating to qualifying the Police and Fire Retirement System as a bona fide pension plan within the context of the Internal Revenue Service Code. ; REGULAR MEETING 1 OCTOBER 13, 1992 Y I - hL � . r . . • .. 04, .ax , j Vince Thompson stated that the Police and Fire Retirement System is not required to apply for qualification with the IRS because it is a municipal government plan. He slated concern that regulations are going qualification change [o require this qualification and his desire to preempt the procedure so as not to jeopardize s # investment returns or contributions for the fund t Mr. Thompson advised that notice -iling would be comple[ed by October 15th in has been posted that this f accordance with IRS regulations an has recommended d that the accountant and actuarial firm hired by the retirement system ended this be done. `f ,t Vice Mayor Mikes suggested that an independent review be conducted by an accountant thru the City Manager's office and to have this ready for the next regular meeting. e'4 " ith dealing with IRS unless necessary Commissioner Bertino expressed his concern w and asked for the City Manager's recommendation on this issue. City Manager Flatley recommended to go forward with approval of the resolution. ded by Commissioner A motion was made by Commissioner Bertino, secon Donly to adopt the resolution. The motion passed on the following roll call vote: 1 Commissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes 2. PROCLAMATIONS - none 3. BIDS - none i 4. PUBLIC HEARINGS 4amilCbuiltlin b} Adler adding aad dic tidc of subparagraph(c� relating ordinance t garbage and trash removal for multi.to the definition of dential family g residential structures. Wanda Mullikin, City Clerk, advised that this ordinance will allow buildings that are contiguous to have dutnpsters as long as the properties are under one ownership. Vice Mayor Mikes questioned whether a provision needs to be included on how many times a week pickup can take place for buildings located in R-1 and R-2 zones. of the ze ion uirements City Manager Flatley advs t Commissioner Bertino exressed concern for enclosure,ed that code enforcement procedureswould thave to be used to control these r• . concerns. 1V City Attorney Adler suggested to amend the ordinance that regulates the merchant district dumpster enclosures to include dumps ter requirements for residential areas. (or Mikes, seconded by Commissioner Grace to continue second reading to A motion was made by Vice Ma ber 27 and to workshop this issue in between. the next regular meeting of Octo The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Grace-yes 4 Commissioner Donly-yes Vice Mayor Mikes-yes {I Mayor Hyde-yes Since this was a public hearing item, Mayor Hyde asked if anyone wanted to speak for or against this item llI and no one came forward. I 5. SITE PLANS - none t I 6. EXPENDITURE REQUESTS - none i 7. DISCUSSION 7.1 Commissioner Bertino suggested a need for an ordinance prohibiting members on appointed boards or comnnittees of the City frontsuch board d for omiltittec.y with e He felt that aent ds or chai of[r subordinates command needs regarding matters to be presented to s to be established with the City Manager u there is such a numerous amount of people serving on city boards. REGULAR MEETING 2 OCTOBER 13e 1992 -n. City Attorney Adler asked that he be excluded from the list of Department Heads as he felt he should be available to respond to board members legal questions and not have to go thru the City Manager each time assistance is asked of him. wCommissioner Bertino asked the City Attorney to prepare an ordinance addressing this situation for further discussion at a workshop meeting. L 7.2 City Attorney Adler clarified the need to adopt two resolutions under items 1.9 and 1.10 as one supports a bill exempting municipalities from payment of rent and one for payment of sales tax with Submerged Land Leases for projects like the Dania Fishing Pier. He mentioned that the attorney for f the Broward Legislative I legation recommended for him to apply only to Broward County as statewide support would not be necessary. City Manager Flatley reported on the second quarterly meeting of the Coastal Council of Cities which i addresses eastern coastal city concerns. The League of Cities supports this concept which is a supplement of their efforts and the next meeting is at the Ft. Lauderdale Performing Arts Center on October 22. Mr. Flatley encouraged attendance by the Commission and asked for agenda item input. Commissioner Bertino requested to include discussion of eastern cities receiving revenues for maintenance of the beach areas which are used by the western population. Vice Mayor Mikes felt that legislative action at these meetings should not be confined to state issues but should include pending federal legislation as well. City Manager Flatley expressed the need for federal representatives to be in attendance at these meetings. S. APPOINTMENTS 8.1 Commissioner Grace advised that L.oretha Waiters was unable to accept the appointment to the Airport Advisory Board due to a conflict in her schedule. A motion was made by Commissioner Grace, seconded by Commissioner Donly to appoint Anthony Moultry to the Airport Advisory Board. The motion passed on the following roll call vote: Conuttissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes 8.2 Commissioner Grace advised that site would be unable to attend the National League of Cities convention as voting delegate on behalf of the City of Dania. A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to appoint Commissioner ` Donly as voting delegate to the National League of Cities convention. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes 9. CITIZENS' COMMENTS - none 10. ADMINISTRATIVE REPORTS CITY MANAGER �. f 10.1 Workshop meeting scheduled October 20, 1992, to discuss several pending items. CITY ATTORNEY City Attorney Adler requested a special meeting of the Commission for Friday, October 16, 1992, at 5.00 p.m. to discuss the pier. 11. COMMISSION COMMENTS 11.1 COMMISSIONER BERTINO - no comments REGULAR MEETING 3 OCTOBER 13, 1992 • Y Z c 11.2 COMMISSIONER DONLY Comn-dssioner Donly mentioned the need for street repair at the corner of SE 3rd Tema and US 1. 11.3 COMMISSIONER GRACE Commissioner Grace asked City Manager Flaticy to have a building inspector check into the LES project to ensure that all safety measures have been taken. Commissioner Grace asked to include discussion of the DEDC project to the workshop meeting on October 20th. 11.41VICE MAYOR MIKES , { Vice Mayor Mikes asked that the hole in the loth Street wall near Griffin Road be re aired. He suggested to use Livc Oak Trees based on their wind resistance when replacing trees from the hurricane. Due to the construction damage in South Miami from Hurricane Andrew, he encouraged spot checking on Dania construction as a means to prepare in the event of another hurricane. 11.5 MAYOR HYDE Mayor 1 fyde cx[�ressed his appreciation to Will Allen and staff for their efforts in obtaining reimbursement from FEMA as a result of damage caused by Hurricane Andrew. This regular meeting was then adjourned. MA ` � — i r - I i 1' R V REGULAR MEETING 4 OCTOBER 13, 1992 f AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 13, 1992 8:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION ,I WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED E 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 I ROLL CALL PRESENTATIONS • Fire Administrative Report by Chief Tom Grammer f 1 • B.S.O. Red Ribbon Week Celebration October 24 , 1992 • Griffin Civic Association 30th Anniversary Celebration October 18, 1992 1 . CONSENT AGENDA Minutes 1 . 1 September 8, 1992, regular meeting 1 .2 September 15, 1992, workshop meeting 1 .3 September 22 , 1992, regular meeting 1 .4 September 29, 1992, special meeting i Bills 1 . 5 Approval of bills paid in the month of July, 1992 1 . 6 Approval of bills paid in the month of August, 1992 Resolutions 1 .7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF DANIA, ALL DOCUMENTS NECESSARY FOR APPLICATION TO THE INTERNAL REVENUE SERVICE RELATING TO QUALIFICATION OF THE CITY OF DANIA POLICE AND FIREFIGHTERS RETIREMENT SYSTEM AS A BONA FIDE PENSION PLAN WITHIN THE CONTEXT OF THE INTERNAL REVENUE SERVICE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. " (Staff) I 1 .8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING CONTRACT FOR SERVICE BETWEEN THE CITY OF DANIA AND 14AURICE J. CONNELL ENTERPRISES RELATING TO CONSULTANT SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. " (Staff) 1 .9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AND SUPPORTING A BILL RELATING TO THE PAYMENT OF RENT IN CONNECTION WITH SOVEREIGNTY SUBMERGED LAND LEASES AS PROVIDED FOR IN SECTION j 18-21 .011, FLORIDA ADMINISTRATIVE CODE, WHICH IS TO BE SUBMITTED TO THE NEXT SESSION OF THE FLORIDA LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE. " (Staff) `I 1 J1I H { CONSENT AGENDA (continued) 1 . 10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AND SUPPORTING A BILL RELATING TO THE PAYMENT OF SALES TAX IN CONNECTION WITH SOVEREIGNTY SUBMERGED LAND LEASES AS PROVIDED FOR IN SECITON 212 .031 , FL40RIDA STATUTES, WHICH IS TO BE SUBMITTED TO , i THE NEXT SESSION OF THHE LORIDA LEGISLATURE; AND PROVIDING FOR AN (Staf EFFECT Ordinances 2 . PROCLAMATIONS 3. BIDS - none 4 . PUBLIC HEARINGS 4 . 1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-68, ARTICLE IV OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, RELATING F MULTI- ANDTSECTIONO THE E13N69(a) 3ITION 0ARTICLE IV, RESIDENTIAL FAMILY BUILDINGS; CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING A SUBPARAGRAPH (c) THERETO RELATING TO GARBAGE I AND TRASH REMOVAL FOR MULTIRESIDENTIAL STRUCTURES; 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) (Staff) l 5. SITE PLANS - none 6 . EXPENDITURE REQUESTS - none ` 7 . DISCUSSION 7 . 1 Discussion of the need for an ordinance prohibiting members of ` appointed boards or committees of the City from talking directly ir subordinates regarding any matter with Department Heads or the pending or to be presented to such board or committee. All such communications must be with and through the City Manager. (Comm. Bertino) 7 .2 Review of upcoming Coastal Council of Cities agenda and concerns which the City Commission may want raised at this meeting. (Staff) 8 . APPOINTMENTS Commission Grace of one ( 1) member to the Airport 8. 1 Appointment by Advisory Board. (Loretha Waiters declined her appointment made on 9/22/92. ) (Staff) 8. 2 Appointment of voting delegate for the National League of Cities convention. (Commissioner Grace cannot attend) -2- +. it S c Jawl I 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. I 10. ADMINISTRATIVE REPORTS City Manager 10. 1 Request to hold a City Commission Workshop on Tuesday, October 20, 1992, to discuss Meadowbrook Drainage, Boinga Boinga proposal, Walgreens, BSO Contract and other items. City Attorney 11 . COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11 . 2 Commissioner Donly 11 . 3 Commissioner Grace - 11 .4 Vice-Mayor Mikes 11 . 5 Mayor Hyde 1 �I Ii r f I I J J � I it -3- I i i I " k r i k� I I i I I • i yy 1 . n r