HomeMy WebLinkAboutNULL (510) MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 14, 1993
INVOCATION BY REVEREND RANDALL BARR
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PLEDGE OF ALLEGIANCE
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ROLL CALL:
Present:
Mayor: Bobbie Grace
Vice Mayor: Bob Mikes
Commissioners: John Bertino
Albert Jones
City Manager. Robert Flatley
City Attorney:
Frank Adler
City Clerk: Wanda Mullikin
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Absent:
Commissioner: Bill Hyde
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A motion was made by Commissioner Bertino, seconded by Commissioner Jones to excuse
iCommissioner I-Iyde from this meeting.
'I•he motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
j Commissioner Bertino stated that the Budget was not adopted at last nights meeting according
to the roll call taken on the motion. Based on concern for funding and the need to schedule
Commissioner Bertino changed his vote to yes on `
the second public hearing on the budget, !•-
the motion to approve the proposed budget and reserved the right to vote no at the final
public hearing. Commissioner Bertino stated that the minutes from the Special Meeting
9/13/93 should reflect that his vote was yes.
REGULAR MEETING
1 SEPTEMBER 149 1993 !
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l PRESENTATIONS "
"Mayor Grace presented a Resolution welcoming Reverend Randall Barr, Pastor of St. Ruth
Missionary Baptist Church, to the City of Dania.
'Fire Administrative Report
Chief Grammer presented a community service announcement advising the public that his
department is available for non-emergency activities to assist the public on fire rescue and
safety. Chief Grammer reported on the 280 Fire Rescue responses for the month of August.
"B.S.O. Monthly Report
Chief Farley presented the "Deputy of Month Award" for the month of August to Deputy
Lisa Lamey and Louis Bautista. Chief Farley commented on the two deputies efforts that
have made a success of the Bicycle Patrol unit.
"Coastal Clcan-up at Dania Beach, Saturday, September 18 (9 a.m. to noon)
Mike Smith, Personnel Director, advised that the City of Dania will be participating with the
Broward County Department of Natural Resource Protection and the Center for Marine
Conservation in the 6th Annual Coastal Cleanup.
Mayor Grace reported on the success of the recent Cultural Affairs Committee event and
commended Vito Mancino, Mamie Lee, Lou Gusdorff and Carolyn Jones for their efforts to
organize this event.
+� ITEM 8.4 WAS HEARD AT THIS TIME
ITEMS PULLED FROM THE CONSENT AGENDA
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Mayor Grace removed item 1.4, Vice Mayor Mikes removed items 1.6 and 1.13, and
Commissioner Jones pulled 1.10 and 1.12 from the Consent Agenda.
1. CONSENT AGENDA
A motion was made by Commissioner Bertino, seconded by Commissioner Jones to approve f
the Consent Agenda with the exception of 1.4,1.6,1.10,1.12 and 1.13.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones- yes
Vice Mayor Mikes - yes Mayor Grace-yes
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]� REGULAR MEETING 2 SEPTEMBER 14, 1993
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1.4 City Manager Flatley recommended to hire Coastal Technology for engineering
services for review and construction of the Dania Fishing Pier.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt the
resolution approving the proposal of Coastal Technology Corporation relating to professional '
engineering services relative to construction of the new Dania Fishing Pier.
The motion passed on the following roll call vote:
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jCommissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
1.6 Mike Smith, Personnel Director, recommended to approve the new agreement with
Stroyne Brothers as the per meter per month charge was $5,000 a year less than the other
bidder. He also mentioned that in the previous agreement the City had purchased a number
of parking meters through the contractor and the cost of those meters was amortized over a
six year period of time.
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Vice Mayor Mikes recommended to change the automatic extension in the contract from the
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additional five years to two years.
Mayor Grace questioned the maintenance of meters at the beach and Mr. Smith advised that
vandalism and theft are continuous problems because the beach is an isolated area. A program
has been implemented to change to single meter poles to deter vandalism. He didn't feel that
traffic at the beach currently warrants the cost to install meters for every parking space or the
additional maintenance costs. Currently, meters are being relocated from the back row of the
beach near the Whiskey Creek area to the east and center areas that are unmetered. The large
area on the west side of the beach will be designated for permit holders only and the lot at the
northwest end of the beach will continue to be a resident permit only area.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to amend
Section 12 in the agreement by striking five (5) years and replacing it with two (2) years for a i
total term of three (3).
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes- yes Mayor Grace - yes
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A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt the
resolution approving the agreement as amended for parking meter maintenance with Stroyne
Brothers South, Inc. of Miami.
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REGULAR MEETING 3 SEPTEMBER 14, 1993
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
1.10 Commissioner Jones felt that surplus properties should be auctioned off to give tax
paying citizens an opportunity to bid.
Mayor Grace mentioned that this issue relates to item 8.6 on the agenda regarding hiring an
auctioneer for items valued less than 55,000. Mayor Grace didn't feel that there is a need to
(tire an auctioneer as the items could be made available for the public through a city staff
auction.
City Manager Flatley reported that the procedure was changed a few years ago so that if
surplus material was unused or considered under $5,000 it would be disposed of informally.
He recommended adoption of the resolution to formally surplus the items and advertise for a
public auction to make these items available to the public.
Vice Mayor Mikes recommended to provide a public notice at City Hall with a Polaroid i
picture of each item for the public to view.
A motion was made by Commissioner Jones, seconded by Vice Mayor Mikes to adopt the
resolution to provide a new procedure for the sale of surplus properties.
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The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes- yes Mayor Grace - yes
1.12 Commissioner Jones mentioned that the ordinance addresses the 8 year pension vesting
that had to be changed for elected officials because of the referendum that was passed limiting
Commissioners to eight (8) year terms. The ordinance also covers a buyback on non-
continuous years of service.
Marie Jabalee, Finance Director and Secretary for the General Employees Pension Board, y
advised that the board members voted to decrease the salary assumptions in the actuarial plan
from 8% to 7% of salary increases for a considerable saving on the City's contribution and
that another impact statement will need to be prepared by Kruse, O'Connor & Ling. She
recommended to continue the ordinance and that the impact statement will include a j
breakdown of the vesting and buyback.
Vice Mayor Mikes clarified that the majority of the impact relates to one employee who has c
previous years of employment as an elected official and not the current Commission.
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REGULAR MEETING 4 SEPTEMBER 14, 1993
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A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to continue
the first reading of the ordinance to the next regular meeting of September 28, 1993, providing
that elected public officials become vested and eligible for retirement benefits upon the
completion of eight (8) years of credit service and allow for years served as elected official
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
Addendum I -
1.13 Vice Mayor Mikes presented the ordinance providing for separate lease agreements for
the Dania Beach Grille and other areas of the Dania beach in an effort to regain control of the
public beach. City Attorney Adler advised that the Beach Grille Lease extension will expire
in five years and that this ordinance will take affect when the current lease expires.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt the
ordinance on first reading amending the Charter by adding a new paragraph thereto to require
i separate lease agreements for the Dania Beach Grille and other areas of Dania Beach.
The motion passed on the following roll call vote:
Commissioner Bcrtino - yes Commissioner Jones - yes tt
Vice Mayor Mikes - yes Mayor Grace - yes
Mayor Grace acknowledged the presence of Reverend Barr, Reverend Jean French and
Reverend Tiny Lewis. j
ITEM 7.1 WAS HEARD AT THIS TIME
2. PROCLAMATIONS
2.1 Mayor Grace proclaimed October 24, 1993, "United Nations Day".
1 3. BIDS - none
! 4. PUBLIC HEARINGS -
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4.1 City Attorney Adler explained the requirements that must be met for a business to be
issued a special permit by the City Manager to extend their hours on the sale of alcoholic
beverages and that the permit fee is $300.00 with a yearly renewal at the discretion of the City
Manager.
1 REGULAR MEETING 5 SEPTEMBER 14, 1993
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Vice Mayor Mikes mentioned that this ordinance change will allow beer, wine or liquor to be
sold between the hours of 3:00 a.m and 7:00 a.m. each day of the week.
Mayor Grace opened the public hearing.
Ann Winters expressed her religious feelings against the sale of alcoholic beverage on Sundays.
Bob Adams concurred with Mrs. Winters and didn't feel that the additional five hours would
make or break any business.
Dave Ivy, Pirates Inn, felt that there are businesses that need to sell alcohol during the
! extended hours in order to keep business from going to Hollywood and didn't feel that people
should be restricted from drinking during these hours if that is their desire.
Victor Sinelli expressed his religious opposition against the adoption of the ordinance.
Jean French, Pastor of Dania United Methodist Church, commented on the cultural and
educational events that are taking place in the City that is a positive step forward in society
and felt that the ordinance amendment would be a negative impact on the community.
John Wilder didn't feel that a business should be restricted from operating as they do
normally other days of the week as long as the 1,000 foot restriction from churches has been
I respected.
Bill Pond, Pastor Dania Heights Baptist Church, didn't feel there was a need to extend the
hours to sell alcoholic beverage and encouraged the Commission to deny the ordinance.
Mr. Christy, Dania Beach Hotel, mentioned that there are other cities in the United States f that allow the sell of alcoholic beverage in the early morning hours with no problems and
commented on the financial problems that are faced by bar and hotel businesses.
Flossie Butram, Flossie's Bar, presented a petition with over 500 signatures encouraging the
extension of hours to sell alcoholic beverage in Dania.
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Beulah Lair didn't feel that the additional five hours a week would bring a significant increase
to the profits of a business and that these hours should be observed for those people who wish
to attend church.
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Susan Morrison, Wayside Inn, felt that revenue should be kept in Dania by allowing the `extension of hours to sell alcohol so that patrons do not have to go to Hollywood.
William McGraw concurred with the religions comments expressed by Ann Winters.
REGULAR MEETING g
SEPTEMBER 14, 1993
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Jay Field concurred with the traditional religious reasons not to sell alcohol on Sunday and his
opposition to the unfairness in the square footage requirements listed in the ordinance that
restricts the smaller business owner.
Sherie Coale commented on the high cost to provide police services in Dania to keep crime
down and how this ordinance amendment would increase the burden on law enforcement.
Hearing no further comments, the Mayor closed the public hearing.
Mayor Grace mentioned that the ordinance was prepared to allow public input as not all
people feel the same way on this issue. !
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Commissioner Jones felt that-one day out of the week is not that much to set aside for
observing the religious side of life and that the ordinance discriminates against the smaller
business.
Vice Mayor Mikes stated that the Commission passed the ordinance on first reading to allow
of this issue could be heard and confirmed his opposition to
public comment so that all sides
the ordinance.
Commissioner Bertino mentioned his opposition to the ordinance from the beginning because
it was not fair to the smaller business owner and unacceptable to the large majority of the
public.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Jones to deny the
ordinance. i
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The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - no
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4.2 Wanda Mullikin, City Clerk, presented the changes in the ordinance to implement the i
monthly billing procedure that provides for delinquent charges, imposition of penalty charges
for delinquent water and sewer bills from 30 days to 20 days, charges to turn water back on
after delinquencies to be set by resolution, and changing the time for liens to be applied from
four months to two months. I
1 Mayor Grace opened the public hearing.
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Reverend T. Lewis questioned if water rates will be any cheaper and City Manager Flatley
advised that the water rate will not be cheaper but that there should be a reduction in the Y _
sewer portion of the bill due to repairs that are being made to the sewer infiltration system. + $
REGULAR MEETING 7 SEPTEMBER 149 1993 i
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A citizen questioned why her bill is so high because she lives alone and how the sewer and
I water is separated when the readings come from one meter. City Clerk Mullikin advised that
sewer is calculated on a higher rate than water and that this is based on water meter reading.
A neighbor questioned whether residents should be given a rebate on the excessive use that
they have been charged due to leaks in the system.
Commissioner Bertino advised that the City only collects what the actual cost is to treat the
sewerage in the Hollywood plant and does not make a profit. He explained that the City is
i required to treat the sewerage for environmental reasons which is costly and gave a brief
history of how the City treated sewerage in the past.
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Hearing no further comments, the Mayor closed the public hearing.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to adopt the
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ordinance on second reading. ~'
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
4.3 City Attorney Adler read the tide of the ordinance providing for a fifty foot corridor
at the south fifty feet of Dania Beach for the passage of boats from the beach to the area of the
ocean that is 300 yards from the low water make of the beach.
City Manager Flatley advised that this ordinance is in conjunction with item 8.5 on the
agenda.
-Tim Tapp, Recreation Director, explained that the Commission directed the Parks &
Recreation Board to prepare a recommendation on activity zones at the beach. He presented
the Board's recommendations to use the northern part of the beach as a passive zone where
there would be no beach chairs or concession use, the southern half would allow beach chair
and concession use as well as thirty yards for the Boucher Brothers to lease watercraft and
floats and the northern part of the beach, between Whiskey Creek and the ocean, for volley
ball and Frisbee type of activities. The ordinance will provide a fifty foot pathway through
the water to get out to the established boating area for the watercraft sports.
Mayor Grace opened the public hearing.
Craig Leonard, Dania Civic Association, came forward to speak in opposition to the
ordinance for public safety reasons.
Debbie Demers, 4730 SW 26 Terrace, presented a petition signed by 300 people encouraging
the activities at the beach.
REGULAR MEETING 8 SEpTEMBER 14, 1993
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Randy Wilson encouraged a variety of activities at the beach and encouraged adoption of the
ordinance
Hearing no further comments, the Mayor closed the public hearing.
Commissioner Bertino felt that the beach needs a variety of activities to meet the needs of all
citizens but spoke in opposition to boat and motorized vehicles being allowed in the area
being used by swimmers and bathers.
Philip Mareska, Manager of Dania Beach Grille, mentioned that wave runners have been used
at the beach over the past five years without any adverse incident and that this request is for a
three month trial period. He said that the Boucher Brothers also operate a wave runner
service near the pier at the Holiday Inn at 163rd Street and Collins Avenue without any
problems..
Vincent Carroll questioned whether the 50 foot corridor would allow people to launch boats
j from the beach and City Attorney Adler stated that the ordinance only covers boats rented by
j the City concessionaire.
' Joe Bailey encouraged the Commission to preserve and protect the natural state of the beach.
Hearin no further comments the Mayor closed the public hearing.
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A motion was made by Commissioner Bertino, seconded by Vice Mayor Mikes to deny the
ordinance.
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The motion passed on the following roll call vote:
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Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
Mayor Grace mentioned that she received a phone threat attempting to coerce her into voting
against the ordinance extending the hours for sell of alcoholic beverage. Mayor Grace clarified
that she will not be threatened in this manner and that she must look out for the interest of all
citizens.
4.4 Mayor Grace opened the public hearing on the ordinance regarding the number of
affirmative votes required to pass an ordinance or resolution. Hearing no one speak in favor
or opposition, the Mayor closed the public hearing.
Vice Mavor Mikes stated that this ordinance was necessary to clarify a conflict in the Charter
to require that there is a need for three votes to pass an ordinance or resolution. „ S
A motion was made by Vice Mayor Mikes, seconded by Commissioner Jones to adopt the
ordinance on second reading.
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` REGULAR MEETING 9 SEPTEMBER 14, 1993
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The motion pissed on the following roll call vote:
Commissioner Jones - yes
Commissioner Bertino - yes Mayor Grace - yes
Vice Mayor Mikes - yes Y
g, CITIZENS' COMMENTS City Manager Flatley advised that Craig Leonard {
itizens' Comments.
was within the time limit to address the Commission under C
li The Commission decided to allow Craig Leonard, Jim Peterman and Peggy
! Breschoten time under Commission Comments. k
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g, SITE PLANS
6.1 Will Allen, Growth Management Director, presented the Grand Prix site plan request
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for a 5,040 square foot addition to the recreation building. The request complies with the plat
j requirements, parking and landscaping and the Planning & Zoning Board recommends
approval. Mr. Allen stated that there have not been any drainage problems in the area.
A motion was made by Commissioner040 sqno, seconded uare
Grand y Vice Mayor Mike to approve
foot addition on to he recreation building at
j the site plan (SP-22-93) requestfor a 5 q
Grand Prix located at 1700 NW First Street.
The motion passed on he following roll call vote:
Commissioner Jones - yes
Commissioner Bertino - yes Mayor Grace - yes
iVice Mayor Mikes - yes Y
ITEM 7.2 WAS HEARD AFTER 6.1.
7, EXPENDITURE REQUESTS
7.1 WAS HEARD AFTER 1.13
7.1 City Manager Flatley recommended approval of the invoice submitted from Curtis &
Curtis in the amount of $4,709.57 for airport related legal services rendered July 13 through
September 1.
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I Attorney Ed Curtis advised that his office has conducted some preliminary checking on the
noise contours at the Airport and are awaiting underlying data from Broward County to
complete a full verification of the LDN contours. He presented the single event noise contour
takeoffing operations sed new runway show
representingand landings from he east only.gicted use of the o
cast only Further discussion followed on aircraft single event
10 SEPTEMBER 149 1993
REGULAR MEETING
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standards and a preliminary trend analysis of property values in the Melaleuca and
Ravenwood areas. It ::as noted that the sales analysis has not been completed yet.
City Manager Flatley advised that further changes need to be made to the second draft of the
proposed Interlocal Agreement with Broward County pertaining to the negotiations. He
advised that Representative Anne MacKenzie has offered to sponsor an annexation bill for
properties in return of tax base properties lost with the expansion. The bill has a deadline of
October 4 and the County will put the legal framework of the bill together so it can be taken
to the Legislative Delegation. Mr. Flatley advised that another issue of concern is to attempt
to obtain fair market values on properties in the Meleleuca area and that the negotiation
period needs to be extended.
The Commission directed Attorney Curtis to extend the negotiation period with the County _
to 60 days.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Bertino to approve j
the invoice from Curtis & Curtis in the amount of$4,709.57 for airport related legal services
rendered July 13 through September 1, 1993.
The motion passed on the following roll call vote:
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Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
ITEM 2.1 WAS HEARD AT THIS TIME
7.2 WAS HEARD AFTER ITEM 6.1
7.2 A motion was made by Vice Mayor Mikes, seconded by Mayor Grace, after passing the
gavel, to continue the approval of the invoice from Earl Gallop of Bailey Hunt Jones & Busto
in the amount of$6,116.98 until City Manager Flatley can verify the hourly rate charge in the
agreement.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones- yes
Vice Mayor Mikes - yes Mayor Grace - yes
7.3 City Manager Flatley reported that Hollywood and Fort Lauderdale have contributed
flag poles in commemoration of the dedication of the Museum of Archaeology in October and '
recommended for Dania to purchase a flagpole as well.
A motion was made by Commissioner Bertino, seconded by Commissioner Jones to expend '
$950 to purchase a flagpole for the Dania Cultural Center.
REGULAR MEETING 11 SEPTEMBER 14, 1993
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The motion passed on the following roll call vote:
1 Commissioner Bertino - yes Commissioner Jones - ves
Vice Mayor Mikes - yes Mayor Grace - yes
7.4 City Attorney Adler stated that there is a need to expend $15,000 to make the
Nyberg/Swanson House functional and that the Commission can use funds from the I.T.
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Parker Trust Fund.
Vice Mayor Mikes recommended to have a security system installed and City Manager Flatlet'
advised that the request is for 521,500 which will include the telephone system.
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Will Allen reported that a grant application has been submitted for architectural services to
ensure that no damage is done to the historical structure and another grant has also been
requested for funds to make the house functional.
Commissioner Jones suggested for the City to look into adding historical sites from the
{ Southwest section of the City to the list of historical sites. ,
A motion was made by Vice Mayor Mikes, seconded by Commissioner Jones to approve the
use of funds from the I.T. Parker Trust Funds in the amount of$21,500 to be used for the
Nvberg/Swanson House.
Commissioner Bertino recommended to make sure that the air conditioning system can be
turned off in each room to save money when not in use.
1 The motion passed on the following roll call vote:
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Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes
Will Allen recommended to make arrangements to thank all of those individuals who have
contributed to the completion of the Nyberg/Swanson House.
e. DISCUSSION AND POSSIBLE ACTION
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8.1 Attorney Ed Curtis presented an update on the airport negotiations under item 7.1.
8.2 WAS HEARD AFTER 7.4
8.2 In regard to the City's Wish List,Jay Field, Chairperson of the Airport Advisory
Board, stated that the Board is against the City pursuing the unrestricted use of the South
Runway idea for the Ravenswood area, that they feel the survey for the Melaleuca area is
REGULAR MEETING 12 SEPTEMBER 14, 1993
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premature and that they feel the Commission should speak with the attorneys as a group and
not individually.
Chairperson Field said that the unrestricted use of the South Runway is not a viable issue as it
is not enforceable under the National Noise Policy and that legal costs can be reduced if
Commissioners do not speak individually during the litigation. City Manager Flatley assured
Mr. Field that the City will not proceed with agreeing to anything with the County during
this negotiation period without legal documentation to protect the City.
Vice Mayor Mikes felt that the survey for the Melaleuca Gardens area would be a useful tool
to inform property owners and that the newsletter could be sent out with it. Discussion
followed on whether there will be enough money to bring out-of-state attorneys, who are
experienced in airport litigation, to confer with the City's airport attorneys.
Vice Mayor Mikes expressed his opinion that there is a need for the Commission to speak `
individually with the attorneys so as not to divulge the City's strategy position and Mayor
Grace felt that costs could be reduced if the Commission met as a group.
ITEM 8.5 WAS HEARD AFTER 8.2
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8.3 WAS HEARD AFTER 8.5
1 8.2 City Manager Flatley recommended to begin plans for the City of Dania's 90th
ij birthday on November 30, 1994. He mentioned that Will Allen has suggested to have a series
I of events leading up to a tomato parade, tomato queen and tomato fight based on the City's
heritage.
Vice Mavor Mikes suggested to involve the Dania Cultural Affairs Committee and civic
groups to plan the event. Mr. Flatley said that he would bring back some ideas for the
Commission to review.
8.6 WAS HEARD AFTER 8.2
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8.4 WAS HEARD AFTER PRESENTATIONS
8.4 City Manager Flatley reported that staff members have evaluated the nine proposals
received for the demolition and construction of a new Fishing Pier. Tim Tapp, Recreation
Director, advised that the five companies selected to meet further with staff are Murphy
Construction, Haskell Waters Inc., Titan Marine, TIC Companies, and Derroucher Dock &
Dredge.
Kevin McCabe, Coastal Technology, stated his confidence in the five companies that have
been selected and that there is a need to obtain further information from each company on a
more specific detail of the design, insurance requirements, bonding and pricing . The bids for
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demolition and a new pier ranged from 1.8 to 2.1 million which does not include the 200 reef
REGULAR MEETING 13 SEPTEMBER 14, 1993
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extension. Mr. McCabe advised that three of the five companies will be chosen for a final
recommendation to the City Commission within the next few weeks.
Mr. McCabe reported that the Army Corps of Engineering permit has been received for the
rebuilding, that the Division of State lands DNR has issued their letter of approval and that
permits are still outstanding from Beaches and Shores, DER/DEP and Broward County
agencies. Mr. McCabe recommended to drop the 200' extension as the permit agencies are
extremely negative to the extension because of the impact to the existing reefs and the costs
are running between $325,000 to $450,000. If the City builds the same structure in the same
footprint within the same DNR land Lease, the agencies are willing to permit a defacto
within the next 30-45 days and the only other problems to resolve would be to deal with
Beaches and Shores on the structural issues.
With regard to the artificial reef program, he advised that Broward County and the
Department of Natural Resource Protection have four permittable off-shore dumping sites.
Fie said that some portions may have to go offshore and that permits will have to be obtained
for this. In regard to the restaurant structure, he recommended to eliminate the deck slab unit i
i and setup the foundation materials (piling, grade beams, columns) so that the
developer/contractor can build from the first slab floor elevation upward to suit their own
conceptional floor design.
Commissioner Bertino suggested to see what could be done to enhance the fishing at the pier
and Mr. McCabe said he would research the idea of installing fish attractorsr Mr. McCabe
E explained that the pier will be built exactly to the original footprint, that it will have a tee f
design, and will be the same length, width and size as the Newport, Pompano Beach and
Deerfield Beach Piers.
A motion was made by Vice Mayor Mikes, seconded by Commissioner Jones to approve the
short list, drop the 200' pier extension, use existing permitted sites for demolition, and build
the restaurant foundation without the slab.
The motion passed on the following roll call vote:
Commissioner Bertino - yes Commissioner Jones - yes
Vice Mayor Mikes - yes Mayor Grace - yes '
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THE COMMISSION RETURNED TO THE CONSENT AGENDA AFTER 8.4
8.5 WAS HEARD AFTER 8.2
8.5 Commissioner Bertino suggested to see if the City can provide their own activities at
the beach without involving the Boucher Brothers wave runners.
REGULAR MEETING 14 SEPTEMBER 14, 1993
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A motion was made by Vice Mavor Mikes, seconded by Commissioner Bertino to send the
Activity "Lone Program back to the Recreation Board to see if they can present a new plan of
activities at the beach. The motion posed unanimously.
ITEM 8.3 WAS HEARD AFTER 8.5
8.6 WAS HEARD AFTER 8.3
8.6 The Commission agreed to have City Manager Flatley direct staff to hold auctions of
surplus materials valued less than 55,000.
9. APPOINTMENTS
1 9.1 Vice Mayor Mikes appointed Evan Leatherman to the Human Relations Board.
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A motion was made by Vice Mayor Mikes and seconded to accept the appointment of Evan
elations Board. The motion passed unanimously.
Leatherman to the Human R
I 9.2 Commissioner Hyde's appointment to the Industrial Advisory Board was continued to
the next regular meeting.
9.3 Commissioner Bertino appointed Roxane Knight and Patty Fucille to the Parks &
i Recreation Board.
Vice Mayor Mikes appointed Dave Larocca and Alex Buchsbaum.
9.4 Commissioner Jones continued his appointment to the Cultural Affairs Committee to i ..
the next regular meeting.
yde and Vice Mayor Mikes to the Memorials
9.5 The appointments for Commissioner H
Committee were continued to the next regular meeting. I.
(error in the numbering, this item was suppose to be 9.6)
9.7 Commissioner Jones appointed Ruther Carter to the Unsafe Structures Board in the
position of a person experienced in social problems. He advised that Ruther Carter has been
Program Director for the Broward County Prenatal Addition Program for 20 years and has
been an evangelist in the City for years.
The architect appointment was continued to the next regular meeting.
9.8 Commissioner Bertino appointed Eugene Jewell to the Occupational License Review
on accepted the appointment.
Committee. The Commissi
.Y
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REGULAR MEETING 15 SEPTEMBER 14, 1993
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10. ADMINISTRATIVE REPORTS
CITY MANAGER
10.1 City Manager Flatley advised that the Community-wide commercial enhancement
program is scheduled for Friday, September 24 (9 a.m.) with invited participants and any
others the Commission may want to invite. .
10.2 City Manager Flatley recommended to discuss the budget at the Workshop Meeting
scheduled September 21 and to begin at 7 p.m. since there are so many items to be discussed.
CITY A-I"I'ORNEY
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City Attorney Adler advised that he would be out of town next week. i
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11. COMMISSION COMMENTS
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11.1 Commissioner Bertino
Commissioner Bertino mentioned the success of the'Cigertail Park dedication last Saturday.
hop meeting with BSO to address several issues of concern and
I Ie requested to hold a works
to discuss the disrepair of the Seafair facility.
Commissioner Bertino expressed his appreciation for the grant work that Maurice Connell
has done for the City and wished him luck in his future endeavors.
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He mentioned that the upcoming time change will cause school children to be going to school
in the dark and urged citizens to use caution. Further comments involved improvements
being made to Olsen Middle.
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11.2 Commissioner Hyde - absent
11.3 Commissioner Jones
Commissioner Jones allowed time for Jim Peterman to address the Commission.
Jim Peterman mentioned his interest in purchasing City equipment which was recently
purchased for $500 without public notification. City Manager Flatley advised Mr. Peterman
that a resolution has been changed to bring surplus items before the Commission and the
evaluation will not be handled by the garage mechanic in the future.
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REGULAR MEETING 16 SEPTEMBER 14, 1993
}
Commissioner Jones requested City !Manager Flatley to pursue a grants man for the City since
Maurice Connell will not be handling grants for the City any longer. He expressed his
condolences to the Eleonor Scruggings family.
11.4 Vice Mayor Mikes !
Vice Mayor Mikes gave time to Sherie Coale to address the Commission.
Sherie Coale questioned why Mr. Adler has not responded to her letter regarding Code
Enforcement and he asked that since he had not received her letter that she send him another
one. She questioned the Commission on when the workshop meeting is going to be scheduled
to discuss the actions of Will Allen recently where he advised people that she was the citizen
who complained against them. Mayor Grace stated that she has intentions to speak with Mr.
Allen herself and will advise Sherie on the outcome. She recommended for Dania to
distribute a booklet on Code Enforcement like the City of Hollywood and urged the
Commission to hire another Code Enforcement Officer. City Attorney Adler advised Ms.
Coale that the City of Dania Code of Ordinances is available to the public to view during
I normal working hours.
Vice Mayor Mikes suggested to review the building fees as a way to increase revenues and Will
Allen explained that the new Building Official will be involved in this. Further comments
! related to the positive impact that Tigertail Park will have on the City and the need to have
Mr. Curtis obtain copies of the contours showing Stage 3 aircraft for the Commission.
Vice Mayor Mikes congratulated the Mayor and everyone who participated in the recent
j Cultural Affairs event and agreed that the disrepair at Seafair needs to be addressed.
11.5 Mayor Grace
Mayor Grace allowed time for Peggy Breschoten and Craig Leonard to address the
Commission.
Peggy Breschoten, Code Enforcement Board, confirmed that the Board does not selectively
enforce the Code in the City. She advised that 29 cases were heard at last night's meeting and
out of 374 cues this year 146 of those cues were from the annexed area. She expressed her
' dissatisfaction that no one on the Commission has supported the work that is done by Code
! Enforcement and Mr. Allen. f
Craig Leonard confirmed that the trash haulers are not suppose to be picking up trash before
7:00 a.m. in residential areas, and that the Commission will be addressing the parking meters
at the beach and southeast water system in the upcoming budget.
Mayor Grace expressed appreciation for all of those who assisted in the Cultural Affairs
Reception and that there is a sell out for the Dania Democratic Club event already. She
i commended the Code Enforcement Board for their efforts and clarified that the City is not
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REGULAR MEETING 17 SEPTEMBER 14, 1993 j
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I financially able to hire an additional Code Enforcement officer. Further comment involved
threats that were recently made against her.
This regular meeting adjourned.
Mayor-commissioner
City Clerk-Auditor
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REGULAR MEETING is SEPTEMBER 14, 1993 �.
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AGENDA
7 DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 14, 1993
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 j
BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS REQUIRED IF
ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION ISSUE, PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S
OFFICE IN THE ADMINISTRATION CENTER.
ROLL CALL
INVOCATION by Reverend Randall Barr, Pastor of St. Ruth Missionary Baptist Church
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PRESENTATIONS ' Fire Administrative Report
j • B.S.O. Monthly Report '
Coastal Clean-up at Dania Beach, Saturday, September 18 (9 a.m. to noon)
(Staff)
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1. CONSENT AGENDA
Minutes
1.1 August 10, regular meeting
1.2 August 24, regular meeting
1.3 August 30, special meeting
Resolutions
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PROPOSAL OF
COASTAL TECHNOLOGY CORPORATION RELATING TO PROFESSIONAL ENGINEERING
SERVICES RELATIVE TO CONSTRUCTION OF THE NEW DANIA FISHING PIER; AND i
PROVIDING FOR AN EFFECTIVE DATE." (Staff) f
1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE CONTRACT BETWEEN
I THE CITY OF DANIA AND M. BONE, INC. RELATING TO REPLACEMENT OF DOCK AT I.T.
1 PARKER COMMUNITY CENTER: AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA, AND
ROYNE BROTHERS SOUTH, INC.; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS
ST
ST RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Staff)
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CONSENT AGENDA
1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA. APPROVING THE TRAFFIC
ENGINEERING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA; AND
PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.8 "A RESOLUTION OF THE CITY OF DANIA. FLORIDA, RECOGNIZING CITY GOVERNMENT
WEEK, OCTOBER 3-9, 1993; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING PROJECT AGREEMENT
AMENDMENT RELATING TO EXTENSION OF FIND GRANT FOR REPLACEMENT OF DOCK
AT I.T. PARKER COMMUNITY CENTER; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff)
1.10 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING SUB-PARAGRAPHS (e) AND
(f) OF SECTION 1 OF RESOLUTION NO. 34-92 AS PASSED AND ADOPTED ON MARCH 10,
1992, TO PROVIDE FOR A NEW PROCEDURE FOR THE SALE OF SURPLUS PROPERTIES;
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) L .'
Ordinances
1.11 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TO PROHIBIT THE FEEDING OR
MOLESTATION OF MONKEYS AND OTHER WILD ANIMALS WITHIN THE CORPORATE LIMITS I .
j OF THE CITY OF DANIA; PROVIDING FOR PENALTIES;PROVIDING FOR CODIFICATION;
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." (First Ordinance Reading)
(Staff)
1.12 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 18-29.2 OF
ARTICLE III OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA BY ADDING A NEW SUBPARAGRAPH (d) THERETO TO PROVIDE THAT ELECTED
PUBLIC OFFICIALS BECOME VESTED AND ELIGIBLE FOR RETIREMENT BENEFITS UPON
THE COMPLETION OF EIGHT (8) YEARS OF CREDITED SERVICE AS AN ELECTED PUBLIC
OFFICIAL AND COMPLYING WITH OTHER REQUIREMENTS OF SAID ARTICLE III OF
CHAPTER 18; AND BY AMENDING SECTION 18-29.1(d)(2) OF SAID ARTICLE III TO PROVIDE
CREDIT FOR RETIREMENT PURPOSES FOR YEARS SERVED AS AN ELECTED PUBLIC
OFFICIAL WHO SUBSEQUENT TO SUCH SERVICE BECOMES A REGULAR EMPLOYEE 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."
(First Ordinance Reading) (Staff)
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PROCLAMATIONS
2.1 "United Nations Day" - October 24, 1993
3. BIDS
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4. PUBLIC HEARINGS CITY
4 2A CHAPTER 4 OFF
FTHE CODETHEOOFDORDINANCEISAOFrTHE CIT( OFTDAN Al FL4-18 OORIDA,CTO
LE
IAL PERMTS FOR THE SALE OF ALCOHOLIC
PROVIDE FOR BE I ISSUANCE OF SPE
SSUED BY THE CITYCMANAGER:I PRO(DING FOR REQUIREMENTS TO
BEVERAGES TO
QUALIFY FOR PER TI S. PROV OR I PING THATS OF ARESpRDITlO SE NO O ORDINANCES
CONFLICT HEREWITH BE
AND ALL R
CONFLICT: AND PROVIDING FOR AN EFFECTIVE
REPEALED TO THE EXTENT OF SUCH
DATE." (second Ordinance Reading) (Staff) j
{ 4.2 27-23 D 2 ORDINANCE OF H CITY
ARTICLE D ANID SECTIONS 27-55DI27-56(NG EB)TION8 (E)527)60(A) AND
OF THE
CODE OF
REPEALING SEF T1OE CITY OF DAN AR FLORIDA;TICLE IV TO OF CHA
PROVIDE FOR DELINQUENT CHARGES
ORDINANCES O R ACCOUNTS
OF
TO BE ADDED
TO OT FOR DEL NQUENTSWATEROANDESEWER BILLS FROM 0 DAYS USED20
PENALTY CHARGES
ER
DAYS; PROBDELINQUENT
E SET BYARESOLUTION ETT NGNFEES AND CHARGESSNCHANGI G THE TIME
TURN OFFFROM FOUR
FOR LIENS TO BE OR D ORDIQNANCESCORUPARTS OF ORDINANCESSANDTA IL
MONTHS; PROVIDING THAT ALL
RESOLUTIONS
NT OF SUCHCONFLICT; AND PROVIONIDING NG IN CONFLICT
EFFECTIVE DATE."
TO
THE EXTE I ,
I g) (Staff)
(second Ordinance Readin
ING
ION
LE
4.3 'A CHAPTER
OOKNE OF THE
C CITY
OOFDANI ORDINANCEIS OFnTHEDCITY OFTDANIA1 FLORIDA,
TO !
HE SOUTH FIFTY FEET OF DANIA
' BEAOCH FOR THE FIFTY
PASSAGE OF FOOT
BOAWIDE
S CORRIDOR
M ITTHHE g�CH TO THE AREA E BEACH: (DING THE
THATOCEAN
ALL ( .
THAT IS 300 ORDINANCES YARDS
FIRTS OF O D NANCES AND OM THE LOW WATER MARK OALLHRESOLUTIONSPROVIOR PARTS ALL
ED TO THE EXTENT OF
RESOLUTIONS IN CONFLICT
HEREWITH BE REPEAL AN EFFECTIVE DATE." eec nd O I ance Reading) (Staff)
CH
CONFLICT, A
DA, AMENDING SECTIO
�i 4.4 AR 11 OF THE CITY CHARTER OF THE CITY 0TO ELIMINATEF DANIA, WITH SECT ON 6 OF ARTICLE
P HE NUMBERF
PART II OF THE CH ARTER OF THE CITY OF DANIA REGARDING T
REQUIRED TOP SS AN ORDINANCE OR RESOLUTION; PROVIDING `
AFFIRMATIVE VOTES
THAT ALL ORDIANCE
RESOLUTIONS NIN CONFLLIICT RHEREWITH ORDINANCESPATS OF BE REPEA REPEALED
O TOHE TEOXTENT OF OR RTS SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Second Ordinance Reading) (Staff)
of
intereste
parties
at are not a
rt
5. CITIZENS' r agenda should be gives by n nDania writing citizens
r communicated verbally prior to 4:00 p m. the
I the regular agenda
(2nd) and fourth (4th) Monday of each month. Comments of any nature will be responded to by V
the office of the City Manager. In the event that the concern remains unresolved, the citizen(s) or
ss the City Commission during the meeting.
party will be asked to addre i
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6. SITE PLANS
6.1 SP-22-93 - Approval of site plan for a 5,040 square foot addition to the recreation building at
Grand Prix located at 1700 NW First Street. (staff)
7. EXPENDITURE REQUESTS
7.1 Approval of invoice from Curtis & Curtis in the amount of 54,709.57 for airport related legal
services rendered July 13 through September 1. (staff)
7.2 Approval of invoice from Earl Gallop of Bailey Hunt Jones & Busto in the amount of
$6,116.98 for airport related legal services rendered ending July 31. (staff)
II 7.3 Request approval to purchase a flagpole for 5950 for the Dania Cultural Center. Hollywood
and Ft. Lauderdale are also contributing flagpoles in commemoration of the dedication of `
the Museum of Archaeology in October. (Staff)
7.4 Request approval for additional funds to make the Nyberg/Swanson House functional. " '+
(Staff)
8. DISCUSSION AND POSSIBLE ACTION
8.1 Status report on airport negotiations. (staff)
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8.2 Airport Advisory Committee report - Jay Fields (staff)
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8.3 ,•Preparations for the City of Dania's 90th birthday on November 30, 1994. (Staff)
8.4 Status report on Dania Pier proposals. (staff
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8.5 Consideration of beach activity zones as discussed at the August 17 workshop and the
August 24 regular meeting. (staff)
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i8.6 Request to hire an auctioneer and hold an auction of surplus material valued less than
$5,000. (staff)
9. APPOINTMENTS
9.1 Appointment of one member to the Human Relations Board.
9.2 Appointment of one member to the Industrial Advisory Board.
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9.3 Appointment of four members to the Parks & Recreation Advisory Board.
9.4 Appointment of one member to the Cultural Affairs Committee.
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9.5 Appointment of two members to the Memorials Committee.
9.7 Appointment of two members to the Unsafe Structures Board.
9.8 Appointment of one member to the Occupational License Review Committee. `.
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10. ADMINISTRATIVE REPORTS
City Manager
} 10.1 Community-wide commercial enhancement program set for Friday, September 24 (9 a.m.)
with invited participants and any others the Commission may want to invite.
10.2 Workshop to be scheduled for September 21 (8 p.m.) to discuss the status of grants, after-
school programs at Collins and Dania Elementary schools; raise water deposits for renters;
change I.T. Parker fees for next year; airport negotiations status report.
City Attorney
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j 11. COMMISSION COMMENTS
II 11.1 Commissioner Bertino
11.2 Commissioner Hyde
11.3 Commissioner Jones
11.4 Vice-Mayor Mikes
11.5 Mayor Grace ,
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AGENDA !
ADDENDUM
DANIA CITY COMMISSION
SEPTEMBER 14, 1993
8:00 P.M.
CONSENT AGENDA (continued)
1.13 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUB-SECTION (a) OF
SECTION 1, ARTICLE 4 OF PART XII OF THE CITY CHARTER BY ADDING A NEW j
PARAGRAPH THERETO TO REQUIRE SEPARATE LEASE AGREEMENTS FOR THE
DANIA BEACH GRILLE AND OTHER AREAS OF DANIA BEACH; 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." (First Ordinance Reading)
(Staff)
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