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Home My WebLink About34830 - MINUTES - City Commission AGENDA DANIA CITY COMMISSION REGULAR MEETING DECEMBER 22, 1992 8:00 P.M. j 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 f 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. j y INVOCATION 1!! ROLL CALL PRESENTATIONS • Fire Administrative Report C , + S. S.O. Report 1 . CONSENT AGENDA Minutes 1 . 1 December 8, 1992, regular meeting Resolutions 1 .2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA, FLORIDA, ON TUESDAY, FEBRUARY 9, i 1993, FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 9, 1993, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (Staff) 1 . 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA AND GENERAL EMPLOYEES' ASSOCIATION, AFSCME LOCAL 3535, FOR THE PERIOD 10/l/92 TO 9/30/93; AND PROVIDING FOR AN EFFECTIVE DATE. " (Staff) 1 .4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA AND THE METRO-BROWARD PROFESSIONAL FIREFIGHTERS' LOCAL 3080, FOR THE PERIOD 10/1/92 TO 9/30/93; AND PROVIDING FOR AN EFFECTIVE DATE. " (Staff) 2 . PROCLAMATIONS - none 3 . BIDS - none " :-;t �: e x y� " r h � �"'/6'�' s. '. . . ,� 1"'e .. .o -�s'r<�.�'°ct";e ih "y'�W M•"ttk7"'tt!Y °^�'2'.} �f#V� .. .- ••.a+ . �... r lt� r.. r v.... r` "4 G.'S" < M rin � iF.!.µN. 4 . PUBLIC HEARINGS . . i 4 . 1 "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 OF RESOLU- OF TIONS PROVIDING CONFLICT EFFECTIVE DATEREWITH BE EPE(second OrdinanceALED TO THE T reading) � AND (Staff) 4 .2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 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 LOBBYISTS IN THE CITY TO ENACT REGULATIONS PROHIBITING EX PARTS COMMUNICATIONS ON QUASI-JUDICIAL MATTERS; PROVIDING FOR SEPARA- BILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEFFEALED TO THE EXE. (second ordinanceENT OF SUCH LreaOF THE OFding)ICT; AND PROVIDING FOR AN RIDA UB 4 .3 PAN ARAGRAPH A(e) OF SECTIONY3-39D,ANIA ARTICLEO11 OF CHAPTERG3SOF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO EXTEND THE TIME FOR COMPLIANCE WITH THE SIGN CODE FOR THE DANIA DOWNTOWN �`• REDEVELOPMENT DISTRICT FROM APRIL 4 , 1993, TO AUGUST 1, 1993; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " (second ordinance reading) (Staff) 5 . SITE PLANS 6. EXPENDITURE REQUESTS 7 . DISCUSSION 7 . 1 Hearing on a fortuneteller/clairvoyant license for 219 North Federal Highway. (Staff) 7 .2 Discussion of challenge to proposed DNR rules establishing restricted areas to regulate boat speeds in the County. 1 (Vice-Mayor Mikes ) Ij 7 . 3 Discussion of the City' s position regarding a possible annexation I referendum for the area west of the current ci (Staff) ty limits. 7 .4 FEMA denial of appeal on funding Dania Pier repair. (Staff) 1 7 . 5 Request for waiver of sidewalk requirement for property at 2961 SW 23 Terrace. (Staff) 8 . APPOINTMENTS 8. 1 Appointment of one member to the Airport Advisory Board to replace Morris Schockett. (Comm. Bertino) " r -2- �i y Y..Sy+ffY ania tizens or 9. CITIZENS' COMMENTS comments ofCtheeregularDagendalshould be giveneinewriting or that are not a p g m. the second ( 2nd) and fourth communicated verbally prior to 4c00 p• en (4th) thedofficeeofhthenCity Mamncangers oInatheny nevent that the will be rconcernd to by remains unresolved, the citizen( s) or party will be asked to address the City Commission during the meeting. 10. ADMINISTRATIVE REPORTS City Manager ick u garbage on December 25 or l 10 . 1 Seacoast Sanitation will not p P 9 II January 1 , but will collect that garbage on up Darba9eron6December January 2 . IWS Sanitation will not p P 9 25 or January 1 , but will collect that garbage on the next I regular collection day. c ` City Attorney I ' ' 11 . COMMISSION COMMENTS j 11 . 1 Commissioner Bertino 11 .2 Commissioner Donly i 11 . 3 Commissioner Grace ;I 11 .4 Vice-Mayor Mikes K. 11 . 5 Mayor Hyde f{ a r' I� N� i .hM1 r ..N r -3- ��1NNY jb� f2n`rife ADDENDUM DANIA CITY COMMISSION WORKSHOP MEETING DECEMHER 22, 1992 8:00 P•M• DISCUSSION (continued) ter quality and ne Andrewl •7 .6 Discussion of home inspections for both wa(Vice-Mayor Mikes) structural integrity (Hurrica 7 .7 Discussion of holding a referendum in the Spring regarding the Dania Pier. (Comm. Hertino) L !i. ' tl 1 1 ! i I 1 I i R ��hf�S�F' Rr d: hy. Cy✓:-iS*(' {..p'• -.'y"k S; 'Ya'Ye R • t.:S f'µ,.�,. � .�Y�y�Y+ MINUTES DANIA CITY COMMISSION REGULAR MEETING y DECEMBER 22, 1992 i INVOCATION BY WANDA MULLIKIN, CITY CLERK PLEDGE OF ALLEGIANCE ROLL CALL: j Present: Mayor. Bill Hyde Vice Mayor. Bob Mikes Commissioners: John Bcrtino Bobbie Grace City Manager. Robert Halley City Attorney. Frank Adler ! City Clerk Wanda Mullikin A motion was nude by Commissioner Bcrtino, seconded by Commissioner Grace to excuse I Commissioner Donly from this meeting. Tile motion passed on the following roll call vote: Commissioner Bcrtino- yes Commissioner Grace-ycs Vice Mayor Mikes-yes Mayor Hyde-yes PRESENTATIONS: "Chief Gramnur presented a Fire Administrative Report and stressed die need for the public to pay special attention to safety during the Holiday Season. Chief Grammer reported that after meetings with the County, the Dania Fire Rescue should be furnishing rescue for the entire City of Dania sometime in January. Chief Grammer expressed appreciation to Gene Wintworth and all die Firefighters for their assurance in making the i "Neighbors Helping Neighbors" program a success over the past year. "B.S.O. Report f Lt. Acton presented a brief summary of the arrests made by Deputy Navarro along with his efforts J to save the life of a beating victim and subsequently arrest the individual who was responsible. Deputy Navarro was then presented with the "Deputy of Month" award for November 1992. V , REGULAR MEETING I DECEMBER 22, 1992 ' .._._ ._._._ ._.._.r ...-..--.. ti _ ,.+� _... .I..:.ry'T?.", 6.v'Tec'.r^s...-s.`.evA.•-nti^�T.0 ..... vc'1R:ago _ r 1 Adak LL Anton reported that deputies involved in the 'Neighborhood 2000 program have assisted in the*Toys For Tots' program for the Christmas Holidays and that a full report on the surveys for the program will be presentedat the next regular meeting. He advised that 235 of the 250 surveys 1 tut were sent out have reported complete satisfaction with the service provided by BSO. Lt. ( Anton presented some safety traps for the public to take while shopping and wished everyone a Happy Holiday. PULLED FROM THE CONSENT AGENDA Commissioner Bertino requested item 1.4 and City Manager Flatley requested item 1.1 be pulled from the Consent Agenda. 1. CONSENT AGENDA A motion was made by Commissioner Bertino, seconded by Commissioner Grace to approve die Consent Agenda with de exception of items 1.1 and 1.4. Tile motion passed on the following roll call vote- coil,mission cr Bertino -yes Commissioner Ghee-yes Vice Mayor Mikes-yes Mayor Hyde-yes EITEMS PULLED FROM THE CONSENT AGENDA j 1.1 City Manager Flaticy requested a change under his comments in the Administrative 11 t Reports for the December 8th meeting by changing the wording Southern Sanitation to PiWS. ' ) A nnouon was made by Vice Mayor Mikes, seconded by Commissioner Grace to amend die minutes of December 8th as requested by City Manager Flatley. Tile motion passed oil the following roll call vote- I, Commissioner Bertino-yes Commissioner Ghee-yes Vice Mayor Mikes-yes Mayor Hyde-yes A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to approve die E:1 minutes of December 8th, 1992, as amended. The motion passed on the following roll all vote. r. . Commissioner Bertino-yes Commissioner Grace-yes IVice Mayor Mikes-yes Mayor Hydc-yes i 1.4 Mike Smith, Personnel Director, advised that after extensive negotiations die Fire F modifications made to the group heaps insurance as previously Department has agreed to die discussed and a 3.2% COLA (Cost of Living Adjustment) based on die federal CPI index. REGULAR )MEETING 2 DECEMBER 22, 1992 l , 7'f..rt.^`.s..G�nG �T'.�ci +1.{Ri(T.•Px.-. .. .. -.tit-_„•..r.. C.._. .iyrl r Commissioner Bertino commended the Fire Department for their cooperation in agreeing to the 0- health insurance changes and made a motion to adopt the resolution, seconded by Commissioner he Melf Grace, approvuhg the Collective Bargaining Agreement between tile City of 92 to 9 Dania and t includes Broward professional Firefiglueri Local 3080, for the period 10/1/ / / tine 3.2% COLA. Vice Mayor Mikes also commended the General Employees for their cooperati th the recent on wi group health insurance changes. The motion passed on the following roll call vote. Commissioner Ghee-yes Commissioner Bcrtino- yes Mayor Hyde-yes Mayor Mikcs-ycs y 2. PROCLAMATIONS - none 3 BIDS - none 4. PUBLIC HEARINGS r 4.1 advised that the ordinance amendment replaces a section Wanda Mullikin, City Clerk ! relating to garbage haulers that was inadvertently deleted in the Coda t, Mayor Hyde opened the public haring. Hearing no one speak in favor or opposition, the Mayor closed the public haring. A motion was made by Commissioner Bertino, seconded by Commissioner Grace to adopt the , thereto entitled ordinance amending Article IV, Chapter 13 by adding Section to October 1, 1991. "Garbage Collection by City"; private haulers; prequired, Tile motion passed on the following roll call vote: Commissioner Grace-yes Commissioner Bertino- yes Mayor Hyde-ycs Vice Mayor Mikcs-yes Vice Mayor Mikes advised ised that the ordinance will regulate lobbyists within die City of case law as it affects municipal govemment in this area. Dania and bring the City up-to-date with Mayor Hyde advised that whether the ordinance is adopted or not lice City is still subject to die ` ome of the Jawings outc case, therefore, tlhe second part of the ordinance is redundant. City {! ioned that the ordinance will codify die changes made Attorney Adler ment Mayor Hyde opened the public haring. Gloria Daly didn't feel the ordinance was necessary based on Dania being such a small City and . i expressed opposition to die adoption of die ordinance. 3 DECEMBER 22, 1992 REGULAR MEETING 7. Aroma Jay Field mentioned that democracy requires an open form of government and that this law involves placing issues in the public arena which will restrict individuals in high power of having an unfair advantage. Hugo Renda felt that die ordinance is very much needed in Dania and encouraged adoption. i Hearing no further comments, the Mayor closed the public hearing. j Commissioner Bcrtino made a motion to table the second reading of the ordinance until a full I Commission can be present. I i The motion passed on the following roll call vote. Commissioner Bertino-yes Commissioner Grace-yes Vice Mayor Mikes-no Mayor Hyde-yes 4.3 City Attorney Adler advised that the ordinance amending the time for compliance with the sigh code front April 4 to August I was prepared so that businesses would not have to deal with compliance during the winter season. Mayor Hyde opened the public Bearing. Hearing no one speak in favor or opposition, tie Mayor closed the public hearing. A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to adopt die ordinance oil second reading extending the time for compliance with the sign code for the Dania Downtown Redevelopment District front April 4, 1993, to August 1, 1993. 4. I The motion passed on the following roll call vote Commissioner Bcrtino - yes Commissioner Grace-ycs Vice Mayor Mikes-yes Mayor Hyde-yes f 5. SITE PLANS-none 6. EXPENDITURE REQUESTS-none 7. DISCUSSION 7.1 City Manager Flatley advised that BSO has conducted a character check on Irene Evans and she is clear of any violations that would restrict issuing die occupational license for a palmistry/character reading business. Mr. Flatley advised that the license fee is SI,000 per year and recommended to include an exterior painting of the building as a condition to die license Approval. i A motion was made by Commissioner Bcrtino, seconded by Commissioner Grace to continue this item to the nut regular meeting of January 12, 1993, so that Irene Evans can be present REGULAR MEETING 4 DECEMBER 22, 1992 i '.�.... ._.....,_ _ ....___;_. ._._. _ -•r. .r,,. .._ ._.,_ i . .`.�. :,.. '?Cam t::Pa-�:.� —.."'��y4 t 11e motion passed on due following roll call vote Commissioner Grace Ycs j Commissioner Bcrtino- yes Mayor Hydc-yes Vice Mayor Mikes-yes t ' al 7•2 Vice Mayor Mikes quest oned whether Marine a Corm" Associationlission oand a waterfronn to Ppove the City's involvement in a la latin boat speeds in the louugc/bar in regards to challenging the proposed DNR rules regu g County. Mayor Hyde Confirmed vthat tiAdvtsotrytBo rd�tto participatel n a rules challenge tion nd cnted is Bill Hill, Chairman of approved de wording in two resolutions presented by the Marine Advisory Board.. Alvolve joint action, at tile rules ChAclIg Behrendt.Grit Advisor d rdal,whichequestions de State slab ability ost arbitrarily come up with ;? including Y of the rules making procedure Po icon in dtisemPro tore:twamnt d basedrosbdse number of oat speeds. r Behrendt felt that tY f waterways in the City and that there is no cost to clue City to be involved in die lawsuit. , IC oil e issue Commissioner Be expressed his concern wiiudsti tile absolutely cent newspaper truee andeie needs o be clarified to construe that the City was anti for the record. action ht rove Or s onim Vice Mayor Mikes state tha t no.ss on and quesissiotioned whetherner has tile �therc will be cost ottl erCitylas tile !, without a vote of the Ctile l lawsuit f[o°g1 Waterfronttloungeslle who wameno%egulations a Id that the Citytneedsttotconsider of boaters { whether this action could be alienating Da nu'Rs'Posittuion beinSCconstrued as hostile to cl vP roll mental { projects. Further eomoui issues and the possible negative impact that this may have on Dania when fighting the carport expansion. ayor Mikes A motion was made by Co 2 mmissioner Grace, seconded when a full commission a present.continue this to dle next regular meeting of January 1 , ressed his nion at Prior to responding to tiledroll Dania a�bciug and{cologyommissioner Bwhidtthe city is not, atnd dtatthed1e i newspaper article constm believes the Commission is in agreement against due state overriding local government's input on 1 the regulations which is due real issue. Tie motion passed on de following roll call vote: r Commissioner Grace-yes Commissioner Bcrtino- yes Mayor Hyde-yes Vice Mayor Mikes-yes i yg, ' L ry 5 DECEMBER 22, 1992 REGULAR MEETING �—'. t;•c._a?W'G��•c''N.s €z :.a.,ice?^ _ —"'+".rrn„, r .i ... hti f } 7.3 City hlatugcr Flaticy requested the Cosnnussion consider a possible annexation t city limits for lath election veal. Tliis bill would allow referendum for the area west of tile curren citizens to vote on whether they would like to be annexed to Hollywood or Dania. Mr. Flatley advised that 7300 people would be subject to the vote in the area and that Dania would have sufficient tax base to service these people as long as the Alandco Commerce 95 property is part of the annexation. He mentioned that the Griffin Civic Association has endorsed the request along wills action taken by seven citizens who requested support from Senator Ken Jenne and Representative Anne MacKenzie. Commissioner Bcrtino stressed the need for the press to be informed that this idea is definitely not a land grab proposal by the City of Dania but rather democratic support of the citizens who have requested consideration of the annexatiosl. City Manager Flatley suggested to have tie City Attorney prepare a resolution for die next meeting i.. indicating the City's desire to file a bill in the current legislative session in support of a u indi Flatley advised that timing is critical as January 15 is referendum vote for this annexation. Mr. I„ the first hearing before the Legislative Delegation and that they have agreed to hold a special suoih in Tallahassee. meeting for the second hearing in time for the February 2 se A motion was made by Commissioner Bcrtino, seconded by Vice Mayor Mikes to direct the City f it Manager to pursue this issue and bring back a resolution in support of the annexation at the next I regular meeting of January 12, 1993. The Commission directed the Ciry Manager to not enter into activity with the people in tie annexation area promoting this annexation into Dania. y. The motion passed oat the following roll call vote: i Commissioner Bertino- yes Commissioner Grace yes f Vice Mayor Mikes-yes Mayor Hydryes ht ' 7.4 City Manager Flaticy reported that FEMA has denied any further consideration of tie City's appeal on the funding for repairs to the Dania Pier. FEMA indicated that Hurricane Andrew did not cause any additional damage to the pier but really exposed the condition of die f pier and lack of inaiutenance. The Commission generally agreed that no further action would be taken in the matter. I 7.5 A motion was made by Vice Mayor Mikes, seconded by Commissioner Grace to continue the request for waiver of sidewalk requirement for property at 2961 SW 23 Terrace by Alton ! Duucau to the next regular meeting of January 12, 1993. Tile :notion passed on the following roll call vote: �I Commissioner Grace-yes Commissioner Bcrtino - yes or a M Hyde-yes Vice Mayor Mikes-yes Y 6 DECEMBER 22, 1992 REGULAR MEETING i �4 .� 1 r(� j Addendum recent , cited that the City take action to aide citizens in bonne uupecuons Vice hlay'or Mikes sugg labs to see t k 7.6 due to die «cent tad problem and structural integrity due to the rb for both watt: quality advised that ►ie could cantactto several thelrel dents for Manager Flatlet to test for hurricane disaster. City Water plant does not have the testing Ability if a discounted rAte could b advised thatbtile D 1 i2 Water macnt have tlu time to inspect for stnsetunl these sery lead content in the water nor does the Building P tl to obtain rate information for integrity in homes. Mallagcr Fla eY January U. 1993. ; alerally agreed to direct City ►ar meeting on J 111 The Commission g tion at the neat regu a referendum ill the these services and bring back this informs public R 1 Commissioner Bertino requested the Commission to consider holding I 7.7 reconstruction of leis Dania pier as he felt that it is important to obtain Spring regarding le to lace this referendum question oil the ballot opuuon on whether the pur should be reconstmetcd or tom down. City Clerk Mullikin c:plaincd1993.that the dead P anuary, would be the end of I _ + Mikes sugg the City an obtain revenue information and future r Ms cited to schedule a;orkshop to discuss leis peer referendum and to invite ,t vice Mayor to the meeting so tl Steve Snydcr. Scafair, feted by die improvenunt plans for the bath. lace it on the ballot a and at the onrtilecost. city urn Clerk Mullikin advised that the referendum resolution would have to be comp ty g in order for her to P with the Amount second nlcetl❑ in January m, to discuss question has to be included in lIle resolution alollf alnlary 5, 1993, at 8:� p• The ConlntissiolI generally agreed to schedules workshop I the of ullissueltuu and have the Seafatr representatives in attendance as well. I Plet 1 APPOINTMENTS Airport Advisory Board 8. p ointment of one m��e1993the Aire anuary Co11t311lssloncr Bert1110 C011tlillled ►115 a p _ to replace Morris Schockett to the regular meeting of J g CITIZENS' COMMENTS-no comments IVE REPORTS gyp. ADMINISTRAT no comments 11, COMMISSION COMMENTS Holiday t one a Happy 11.1 COIllI11155t011er Beit1110 wished every 11.2 Commissioner Donly absent Holiday. 11.3 Commissioner Grace wished everyone a Happy DECEMBER 22. 199 7 '-REGULAR MEETING y.e 11.4 Vice Mayor Mikes Vice Mayor Mikes commented on the need to restrict lobbying in the Ciry. He wished everyone a Happy Holiday. I 11.5 Mayor Hyde In response to Vice Mayor Mikes' comments, Mayor Hyde clarified that he has never been lobbied by any ez-city, managers on any garbage contract or any other issues. He then wished everyone a Happy Holiday. i This regular meeting was adjourned. /' VVIZZ x MAYOR MISSIONER i t CITY CLERK- AUDITOR yt i Ir� I FF j 1 REGULAR MEETING 8 DECEMBER 22, 1992