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HomeMy WebLinkAbout34826 - MINUTES - City Commission q! I MINUTES DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 24, 1992 l INVOCATION J AT MAYOR HYDE'S REQUEST, WANDA MULLIKIN READ THE LAST POEM WRITTEN BY DANIA'S POET LAUREATE, HARRINGTON HERR, WHO PASSED AWAY ON NOVEMBER 21, 1 1992. THIS WAS FOLLOWED BY A MOMENT OF SILENCE. + PLEDGE OF ALLEGIANCE I ROLL CALL: Present: Mayor: Bill Hyde Vice Mayor: Bob Mikes I Commissioners: John Bertino(late) Bobbie Grace Robert Donly City Attorney: Frank Adler City Manager: Robert Flatlet' City Clerk: Wanda Mullikin PRESENTATIONS "Fire Chief Granunrr presented a Fire Administrative report for the month of October. i°Lt. Anton, BSO, introduced Sgt. Glenn 'Popping to the department who is replacing Sgt. Peter Kronus who has been transferred to the Internal Affairs Division. Deputy Steve Rabino was presented with the October "Deputy of the Month" award for his outstanding performance while being assigned to the Charlie Shift. Lt. Anton reported that the body of a murder victim was found on November 20th on Taylor Road and thru investigation the body was connected with another murder victim who was 10 years old in Dade County. 'I he person responsible for these two murders has been arrested in Dade County. The " Neighborhood 2000" program is working real well and the COPE unit has picked up around 150 cubic yards of debris in the 904 zone over the past few days. Lt. Anton reported that BSO, District IX, assisted Indian River County in serving a search warrant at the Federal Storage area that resulted in securing $45,000 in stolen property and the arrest of one j individual in Vero Beach. , r- Lt. Anton reported that BSO is gearing up on extra security for the Christmas Holidays and reminded the Commission that the Holiday Feeding will take place at Collins Elementary School on December 5. Volunteers were encouraged to sign up with Captain Carney's secretary. 7.1 WAS HEARD AT TI-IIS TIME REGULAR MEETING 1 NOVEMBER 24, 1992 I �a r PULLED FROM THE CONSENT AGENDA Vice Mayor Mikes pulled items 1.5 and 1.8 from the consent agenda. 1. CONSENT AGENDA A motion was made byy Conunissioner Grace, seconded by Conunissioner Bertino to approve the consent agenda with the exception of item 1.5 and 1.8. The motion passLd on the following roll call vote: ~; Commissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes j Mayor Hyde-yes 1 1.5 Mike Smith, Personnel Director, advised that three proposals were received for reinsurance on ( . . the City's health insurance and that there were three other companies who declined to quote due to some of the City's claims experience. After reviewing several reinsurance structures, Mr. South recommended to retain the S40,000 specific reinsurance level with Lloyds. He then explained the following additional recommendations: Retain - KCI Insurance Services - Third Party Administrator Intracorp - Utilization Review, Medical Case Mgmt. Standard Life Insurance - Life/AD&D Insurance (no rate increase) Florida 1-lealth Choice - Preferred Provider Network { Benefits Changes - 1 � ICurrent Revised 80% of first S2,500 in covered 80% of first S5,000 in covered claims 100% thereafter. claims 100% thereafter. $2.00 co-pay on drug card a) S5 co-pay on drug card. $10 co-pay if non-generic is elected by the employee when brand not specified by doctor and generic is available. b) Implementation of a mail order option. Mr. Smith advised that there are plans to survey employees and begin the process of merging the health plan with the 125 program to create a full cafeteria program in an effort to save money and offer better employee benefits. In response to Vice Mayor Mikes' concerns, Mr. Smith reported that the City has gone out to open bid on health insurance over the past 5 years and that he didn't feel a need to use this procedure this Year as the proposal procedure resulted in receiving three very competitive reinsurance options. The options show a closeness in the annual aggregate attachment figures and KCI has provided the best service as Thud Party Administrator out of three companies in the past three years. Mr. Smith stressed the need to contain cost features in-house by educating employees about health issues and clarified that the major reason for an REGULAR MEETING 2 NOVEMBER 24, 1992 .. ....ice.-,._ ... .. .,_.. _ increase in the insurance is attributed to the City's own claims experience not because there is an extreme difference in insurance options available. rs Commissioner Bertino asked that a quote on utsurancr be obtaincei from the League of Cities. hie. Smith recommended to renew the program with Lloyds and KCI now and cancel the contracts if better quotes come back from the League of Cities. Vince I hompson, representing Local 3080 International Association of Firefighters, stated the tremendous and the firefighters willin impact that health insurance coverage has on the City's budget gness to cooperate with the City to reduce the burden of health care insurance. Based on a 50% increase in the insurance, he recommended to have KCI devulge their commission involvement in the reinsurance and for the City to j look into risk management. A motion was made b Commissioner Grace, seconded by Commissioner Donly to adopt the resolution with K.C.I. Insurance Services, Inc. for 12/1/92 tothe 9/30/93 ith tine crouondition nth nth t full disclo ure on commissions be obtained from K.C.I.a term 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 1.8 Vice Mayor Mikes presented the ordinance enacting repulations governing the registration and activities of lobbyists in the City to enact regulations prohibiting ex parse communications on quasi- judicial matters. He suggested to use 12/31/93 as the commencing date for all registered lobbyist to submit their annual statement in the last paragraph on page 3 in g e ordinance. r City Attorney Adler advised that the ordinance will require lobbyist to disclose who they work for and their amount of pa ment as well as prohibit lobbying anything quasi-judicial or contact with City j Commissioners m yividually. A motion was made by Vice Mayor Mikes, seconded by Commissioner Doily to adopt the ordinance on first reading with tine inclusion of 12/31/93 in the last paragraph on page 3. Commissioner Bertino requested the City Attorney, to submit a definition of quasi-judicial and information on the Jenning vs. Dade County case to each Commissioner. Tlne motion passed on the following roll call vote: Commissioner Bert ino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes 2. PROCLAMATIONS - none 3. BIDS - none L 4. PUBLIC HEARINGS 4.1 City Attorney Adler read the title of the ordinance for second reading prohibiting the sale of gasoline or any class 1 flammable liquid, the fueling of boats and motor vehicles and the storage of gasoline in residential areas. REGULAR MEETING 3 NOVEMBER 24, 1992 i f 'v Mayor Hyde mentioned that information was received that a company vets going to potentially sell and Mayo gasoline Hyde mentioned residential neighborhoods which prompted this ordinance. He clarified that this does not involve the use of gasoline for lawnmowers but does exclude tanker trucks from being allowed to pump into boats in residential neighborhoods. gasoline i Mayor Hyde opened the public hearing. f Bill Wosenitz, Marine Advisory Board, expressed approval of the ordinance and asked for clarification on !, whether diesel fuel is included in ordinance. Mayor Hyde stated that diesel fuel is not a class I flammable liquid in accordance with the Fire Department and that it is common practice to see diesel fuel delivered to residential neighborhoods. He stressed his desire to remove diesel fuel from the ordinance since it is not explosive. Hearing no further comments, the Mayor closed the public hearing. After passim the gavel to Vice Mayor Mikes, Mayor Hyde made a motion to amend the ordinance in Section 1, Subparagraph 1 by deleting diesel fuel. I The motion died for lack of a second. A motion was made by Commissioner Grace, seconded by Vice Mayor Mikes to adopt the ordinance on second reading. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor I lyde-no 5. SITE PLANS 5.1 Will Allen, Growth Management Director, presented a site plan request by PSI Development, Inc. for a proposed Walgreens at the southwest corner of Stirling Road and Federal Highway.•'I•he Planning "Coning Board recommended approval with the condition that there n ur deliveries ibetween 10:00 p.m. to 8:00 a.m., compliance with the Comprehensive Plan and concurrenty requirements. g . $w ; Mr. Allen explained that there are nine buildings on the 13 lots including the Nyberg/Swanson house at 202 South Pederal Highway which has been determined to be historically significant in accordance with the r housing element of the Dania Comprehensive Plan. His recommendation included relocating the house to �^ Mullikin Park for use . a museum and meeting facility. Robert Walters, Architect, explained that the project is for 14,280 sq. ft. commercial building (Walgreens) 3 yq and described the landscaping improvements as listed on the site Ian. Mr. Allen took a few minutes to ,wk ' p r� r explain the procedures involved with moving the home to Mullikin Park and that the 550,000 cost to move T the house will be paid for by the developer and by contributors. 4 �y.n City Attorney Adler advised that donations in excess of 520,000 have been obtained from members of his r° R' r family and that the donations are only available if the house if relocated to Mullikin Park. Mr. Adler took a few moments to continent on his fanu 1 's history in Dania and his in in obtaining 28 acres of Dania Beach. property for 3280 that is now known as REGULAR MEETING 4 NOVEMBER 24, 1992 hfa}or 1 i7 de allowed citizens to come forward to speak in favor or opposition of relocating the Nyberg/Swanson house to Mullikin Park. }} i trafficSeveral citizens safety and concern that tile houseut the May encourage k of park timmoral behavior ienance, tile loss Of nithera>�d area for children, Vice Mayor Mikes suggested to relocate the Recreation Director's office in the house at the park to relieve I, public concerns and mentioned that the house would be a positive improvement to the park compared to the present condition. expressed their feelings that the City has an opportunity to restore an Mayor Hyde and Vice Mayor Mikes t historical Stnuture at no cost and gain the use of a civic center for the community. Reloeaung the house to another site other than Mullikin Park is not feasible as the City cannot afford to purchase property to put the house on or pay additional money to move it elsewhere. f Will Allen, Growth Management Director, explained the two concept plans for moving the house to use is listed on the Dania Comprehensive Plan as an historical site. Mullikin Park and advised that the lo Discussion followed on the IS parking spaces that would be provided. City Manesgger Fla[ley clarified that the City has not been able to implement their Capital Improvement I Program wlticIt includes upgrading small Dania Parks and that improvements are expected as soon as funds become available. Commissioner Bertino ex ressed the need to conform to the wishes of the eople in the neighborhood "r who will be impacted and [o not lose park property. He suggested to conduct a workshop meeting for further discussion of this issue. Mayor Hyde read a letter, for the record, from Bunny Huse expressing her wish to retain the present use of f the park. A motion was made by Commissioner Donly, seconded by Commissioner Grace to approve the site plan (SP-25.92) for Walgreens at US 1 and Stirling Road. Commissioner Bertino restated his reasons for voting no. •I'he motion passed on the following roll call vote: Commissioner Bertino-no Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes Commissioner Donl , seconded b Vice Mayor Mikes to enter into an agreement A motion was made by Com y ce a Y y With the developer and contributors to move the Nyberg/Swanson house from the present site to a site in Mullikin Park at no expense to the City. be prepared by a landscape architect so that citizens can Vice Mayor Mikes asked that a rendering of the site nts that are going to made to the site. view the improveme i \ i The motion passed on the following roll call vote: Commissioner Bertino-no Commissioner Grace-no Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes REGULAR MEETING 5 NOVEMBER 24, 1992 t i issioner park, thetplwas ni-lde ayground by u pmentcommissanidttir fence anditocenlsure tthattMullikin P rrkl tbentautun Mullikin 'rhe motion passed on the following roll call vote. Commissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Mayor Hyde-yes ITEM 7.2 WAS HEARD AT THIS TIME 6. EXPENDITURE REQUESTS - none 7. DISCUSSION 7.1 WAS IIEARD AFTER PRI_'SENCAIIONS 7.1 Vivian Warman, Meadowbrook lakes Condominium, came forward to request a commitment for special police patrol at the condominium due to increased crime. Lt. An advised that a security surve has been conducted on the complex but some residents do not follow the recommendations present inthe survey and that visible patrols have been started thru the Park and Walk pprogram. Lt. Anton mentioned that Dania's crime rate runs high based on the location but that Dania also ltas the highest arrest and clearance rates in Broward County. Discussion followed on the need for a Crime Watch Program to be instituted for the complex. Alex Buchsbaum, Griffin Civic Association, commented on the need for people to take responsibility for themselves thru trine watch programs. j The Commission agreed that BSO should continue with the high visibility patroling of the complex and Commissioner Bertuio suggested to have the condominium phases work together to meet with the crime t Plies officer to come up with better security and safety techniques o begin olord hn the complex. s as ce Maan yor Plies asked that City Manager Flatley and City Attorney AA g mediator to assist in making decisions to resolve the problem. '11HL• COMMISSION RETURNED TO ITEM 1 - CONSENT AGENDA I 7.2 WAS I IEARD AFI-EIt I nT.m 5.1 7.2 Bill Hill, Chairman of the Marine Advisory Board, presented two resolutions from the Marine Advisory Board relating to unfair regulations imposed by the DNR (Department of Natural t Resource) on boating speed and manatee protection. Mayor Hyde mentioned the two year effort by local government to come up with a compromising plan that was sent to DNR on boating speeds and manatee protection back in April and that DNR now proposes two new plans that are contrary to what lot government approved. A motion was made by Commissioner Donly, seconded by Commissioner Bertino to support the two f resolutions as presented by the Marine Advisory Board. REGULAR MEETING 6 NOVEMBER 24, 1992 I I r l The motion passed on the following roll call vote: Coniniissioner Bertino-ycIs Comniissiotier Grace yes j Cortunissioner Donly-yes Vice 11ayor %likes•yes I . ,Mayor Clyde-Yes 7.3 Vice Mayor Mikes suggested to include a referendum on the March ballot to give voters an opportunity to decide if they want to build a new Pier with a platform for a restaurant in the construction. tic mentioned that the City will have to eventually tear the pier down which will cost between $100,000 to menti$200,oned and that the debt service could be much less by going out for a bond f issue. Marie Jabalec, Finance Director, reported that a referendum question must be submitted by January 18 to Jane e jaball's Finoffance and this will rcdutre passage of an ordinance that will need two readings. { Further discussion was continued to the next workshop meeting. 7.4 City Manager Flatley requested Commission support on action taken by the Coastal League of Cities regarding deficiencies in current law and practices relating to Transportation Coneurreney notingg that the current administrative requirements fosters sprawl rather than infill in development of older cities. A motion was made by Commissioner Donly, seconded by Commissioner Bertino to adopt the resolutions ; from the Coastal League of Cities with a change in the wording from ""exempt' to "special consideration' from transportation concurrency requirements [n paragraph F on pages 5 and 6 in the resolutions. The motion passed on the following roll rill vote: Commissioner Bert ino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes Alayor Hyde-yes 8. APPOINTMENTS Enforcement reappoint 8.1 moionwasmaaby iSsiocdi , secondbyCmmissioner Donly to Ioxat i Bettor eCe n The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Grace-yes Commissioner Donly-yes Vice Mayor Mikes-yes i hlayor Hyde-yes 8.2 Commissioner Bertino continued his appointment to the Airport Advisory Board to the next regular meeting of December 8, 1992. II i 9. CITIZENS' COMMENTS - none REGULAR MEETING 7 NOVEMBER 24, 1992 r • J 10. ADMINISTRATIVE REPORTS CITY MANAGER 10.1 City Manager Flatlet' advised that the two proposed legislative bills relating to waiver of sales tax and rent regarding Submerged Land Leases on public facilities has been pulled for legality reasons. i 11ne Commission agreed to schedule the Holida • Cleanup for sometime in January and Mr. Flatley I advised that the Griffin Association Christmas Party is scheduled December I at 6:30 p.m. CITY ATTORNEY City Attorney Adler reported that the City is being sued by an insurance company that the city used a few years ago for back assessment charges. 11. COMMISSION COMMENTS 11.1 COMMISSIONER BERTINO Commissioner Bertino mentioned Dania's loss with the recent passing of Harrington Herr based on his contributions to the City of Dania. 11.2 COMMISSIONER GRACE Commissioner Grace mentioned that the Dania Mass Choir will be singing again at the BSO Feeding the I Iungry program that is scheduled December 5th at Collins Elementary. She mentioned that Chester A. Byrd's honnctown will be dedicating a park in his memory on C December 28 and asked that Dania draft a Proclamation. Commissioner Grace advised that she has been reappointed to the Broward Planning Council and that the Dania Activity Committee will be honoring community leaders at the I:I. Parker Community Center on January 9, 1993, beginning at 7:30 p.m. 11.3 COMMISSIONER DONLY - No comments 11.4VICE MAYOR MIKES Vice Mayor Mikes commented on the community attendance at the funeral of Herrington Herr and his unique contributions to the City of Dania. Vice Mayor Mikes commended City Attorney Adler for his efforts in the recent Southport Dredging settlement for the pier project and requested the City Manager to check into some tree and sign maintenance that may be needed in the City. Vice Mayor Mikes suggested the City Attorney meet with BSO to determine if the City can control, I thru ordinance form, some of the dubious businesses that are opening up in the Griffin area. Commissioner Grace requested the press to correct a recent article clarifying that Dania's last primary election was in March of 1991. She wished Vice Mayor Mikes good luck in the upcoming election. 11.5 MAYOR HYDE - No comments REGULAR MEETING 8 NOVEMBER 24, 1992 i This regular meeting was then adjourned. r J . f Ll ` SR RFC lel CITY CLERK=AUDITOR is I _ 1 • i 1 l ' REGULAR MEETING 9 NOVEMBER 24, 1992 I g y - � �::r.... i In+� .F� .i1Y�4µ{ SP::•�'l1V' .y. i AGENDA DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 24 , 1992 8:00 P.M. i ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MARS 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. i INVOCATION ROLL CALL PRESENTATIONS * BSOeAdministrative ftheMonthort Award 1 . CONSENT AGENDA Minutes Y, 1 . 1 October 20, 1992 , workshop meeting 1 . 2 October 27 , 1992 , regular meeting 1 . 3 November 10, 1992, workshop meeting 1 .4 November 10, 1992, regular meeting Resolutions 1 . 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING RENEWAL OF INC.GROUP FORALTH THE TERMRANC I2/1/92PROGRAM TO 9/30/93; AND PROVIDINGEFORRANCES, EFFECTIVE DATE. " (Staff) I 1 . 6 COMMENDING ITHE FORT ON OF ELAUDERDALE CITY OF A OCHAPTEROFDLINKS, INC. , FOR ITS OUTSTANDINGCORD OF YOUTH ORIENTED COUNTY, FLORIDA. " (Comm. PROVIDED TO m Grace) Ordinances 1 . 7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE IV, CHAPTER 13 BY ADDING A NEW SECTION 13-74 THERETO ENTITLED "GARBAGE COLLECTION BY CITY" ; PRIVATE HAULERS; PERMIT REQUIRED, RETROACTIVE TO OCTOBER 1 , 1991; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS HEREWITH BE REPEALED TO THE EXTENT RESOLU- TIONS IN CONFLICT NT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (First Ordinance Reading) (Staff) 1 . 8 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE I, i . CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING A SECTION 2-1 .2 AND SECTION 2-1 .3 TO ENACT REGULATIONS GOVERNING THE REGISTRATION AND ACTIVITIES OF wb LOBBYISTS IN THE CITY TO ENACT REGULATIONS PROHIBITING EX PARTE w COMMUNICATIONS ON QUASI-JUDICIAL MATTERS; PROVIDING FOR SEPARA- BZLITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND a -1 CONSENT AGENDA (continued) NS NFLICT Y ai ALL REPEALED TOEXTENTTOF SUCH SCONFLICT;IAND OPROVIDING RFOR T BE AN EFFECTIVE DATE. " (First Ordinance Reading) Vice mayor Mikes 2 • PROCLAMATIONS - none 3. BIDS - none 4 . PUBLIC HEARINGS FLORIDA, AMENDINGG ARTICLE 1 j 4 . 1 "AN ORDINANCE OF THE CITY OF DANIA, OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY SALEIOF, BY GASOLDINENORAANYW SECTCLASSI1 FLAMMABLEHERETO BOATS AND MOTOR VEHICLES AND THE STORAGE OF GASOLINE IN RESIDENTIAL AREAS OF 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) (Mayor Hyde) 5 . SITE PLANS 5. 1 Walgreens at US 1 and Stirling Road. (Staff) Al i 6 . EXPENDITURE REQUESTS 7 . DISCUSSION requests aStaffussion of security at Meadowbrook 7 . 1 Vivian Warman Condominiums Phase V. (Staff) 7 . 2 Reaction of the Dania Marine AdvisorlanOaandrd tdiscuss ion o DNR' s wofa two ee protection plan and y thenboard. (M safety ayor Hyde) resolutions passed by 7 . 3 Status report on the Dania pier. (Vice Mayor Mikes)wo 7 .4 Discussion thetStatess lconc relating of urrencyregulations . (Staff)ativechange ` 8 . APPOINTMENTS 8. 1 Appointment Of two members the ll/14/92 Enforcement appointed in (Roxanne Knight term expiresRichard Bettor' s term expires lieu of a General cont 11/14/92 - he was appointed ras a Real Estate Person) 8. 2 Appointment of one member to the Airport Advisory Board to replace Morris Schockett. (Comm. Ber-tino) j. tizens or 9 . CITIZENS' COMMENTS Comments of eeregularDania agendalshould be giveneinewritingeor that are not a p g m• the second (2nd) and fourth communicated verbally prior to 4ce P nature will be responded (4th) Monday of each month. Comments of any to by the office of the City Manager. In thWillebe asked evnt that tto address remains unresolved, the citizen(s ) or party the City Commission during the meeting. I -2- t i ' Y S 1 I 10. ADMINISTRATIVE REPORTS islative bills- city Manager s on Dania s two proposed osed leg 10 . 1 Public hearing City Attorney 11 . COMMISSION COMMENTS 11 . 1 Commissioner Bertino 11 .2 Commissioner Donly . ss11 .3 Comm'MayooremikesCe -M 11 .4 viceay 11 .5 Mayor Hyde �I , 1 r i t4 I { 1 ' -3- f I 4.! I F1' Ir . f �i �Y.pr 4fS�S�) i�kKyt I�ji 7:� II1 1 i I ` �l, t II -'a rs *�;''K_.C'��,Fu