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Home My WebLink About1980-11-11 Regular City Commission Meeting Minutes and agenda MINUTES REGULAR MEETING DANIA CITY COMMISSION NOVEMBER 11, 1980 Invocation by Reverend John Brabham Pledge of Allegiance Roll Call : Present: Mayor: James Adams Vice Mayor: John Bertino Commissioners: Jean Cook Robert Donly Howard Hirsch City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin Police Chief: Rudy Rigo Building Official : Paul Maxwell Zoning Consultant: Luther Sparkman 1. A motion was made by Commissioner Cook, seconded by Vice Mayor Bertino to approve the minutes of the regular meeting October. 28, 1980. The motion passed unanimously. 2. John Vollman Jr. , President of the Faternal Order of Police stepped forward to announce that citations would be given to Officers Richard Lower and Richard Tarrant for their diligence in reference to recent burglaries in Dania. Officer Vinson Marlin presented these officers with Plaques commending them for their service to the City of Dania Police Department. George Hewlett on behalf of Apex Air Conditioning presented Officer Lower with a $50.00 bond and a family dinner at Antonio's Restaurant. Officer Tarrant was presented with a bond from John Vollman and a family dinner at A & J Cozy Corner Restaurant. The second presentation was for Detective Charles ,Edel for his untiring contribution towards professionalism in law enforcement for the City of Dania Police Department. Officer Marlin stepped forward to present this commendation. Mr. George Hewlett presented Detective Edel with a family dinner on behalf of "Never on Sunday Restaurant". Dominick Colucci on behalf of D & H Shelving presented Detective Edel with a $50.00 bond. Mayor Adams congratulated these officers for a job well done: 3. Public Hearings: a) City Attorney Adler read the title of an ordinance approving the plat of "Harbour Towne Marina" on the property located along Gulf- stream Road approximately 120.50 feet north of Northeast third Street for second reading. Mayor Adams then opened the public hearings, hearing no one speak in favor or opposition of this ordinance, the Mayor then closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Bertino to approve this ordinance approving the plat of "Harbour Towne Marina" for second reading. At this time, City Manager Marant read a letter from Michael J. Neiss from Boston Place Properties in New York stating their objection to Regular meeting -1- November 11, 1980 Commissioner Donly expressed positive feelings concerning West Lake that he and City Manager Marant discussed with the Department of Environmental Regulation in Tallahassee recently. Commissioner Hirsch requested a report on sewer gallonage. City Manager Marant reported on what is being done with Mullikin and Modello Park. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly to adjourn this meeting. The motion passed unanimously. R-COMMISSIONER , CITY CLERK-AUDITOR { a. 4.• Lf �5 f ,; Regular meeting -5- November 11, 1980 agenda item 7. City Manager Marant recommended that the Commission accept the bid #6) for a conventional bus from Southeastern Bus Sales, Inc. in the amount of $30,500 with optional air conditioning. He explained that $29,300 had been set aside in the budget from the Vehicle Replacement fund and $1,200 would be taken from the General Contingency Fund, and that the bus should be delivered sometime within 60 days from the date of the order. A motion was made by Vice Mayor Bertino, seconded by Commissioner Cook to accept the recommendation from City Manager Marant on the purchase of the conventional bus. The motion passed unanimously. (agenda item i 8. City Manager Marant recommended that the Commission extend the E.M.S. #7) Local Agreement for a period of one year. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to extend the up-dated E.M.S. Local Agreement for a period of one year. The motion passed unanimously. .(agenda item., 9. City Manager Marant recommended that the Commission award the contract #8) for the waterline replacement and pavement resurfacing project No. 80-120 to F.J. Siller and Co. in the amount of $331,796.30. He stated that $324,610.80 would come from the Water Fund and $7,185.50 would come from the Street Fund-Road and Bridge Taxes. He also added that there would be a considerable amount left over to do additional repairs. A motion was made by Commissioner Donly, seconded by Commissioner Cook to accept the recommendation from City Manager Marant and award the waterline replacement and pavement resurfacing project No. 80-120 to F.J. Siller & Co. in the amount of $331,796.30. The motion passed unanimously. (agenda item 10. City Attorney Adler recommended to the Commission to include the Charter . #9) of the City of Dania in the Code of Ordinances that are being prepared by the Municipal Code Corporation in the approximate amount of $3,250 (based on $13.00 per page). A motion was made by Commissioner Cook, seconded by Commissioner Donly to accept the recommendation of the City Attorney and include the Charter of the City of Dania to the Code of Ordinances. The motion passed unanimously. 11. Mr. Long from the Bank of Hallandale and Trust Company-Stirling Road Dania branch was present to request City of Dania funds for investment purposes and to advise the Commission on services that would be rendered to the City. After further discussion, City Clerk Mullikin .advised Mr. Long that.there had been an investment of $75,000 at 14% made to this bank just this afternoon. 12. There were no Citizens' comments. 13. Administrative reports: City Manager Marant wished Commissioner Donly a Happy Birthday. City Attorney Adler questioned .whether or not S.E. 2nd. Terrace is designated on the City of Dania maps. . 14. Commission Comments: Mayor Adams informed the Commission of an open house that being held at Tropical Plant Friday, November 14, 1980, at 5:00 P.M. Regular Meeting -4- November 11, 1980 Mayor Adams then opened the public hearing, Mr. David Graham stepped forward to explain the reason for the public hearing for the regional impact review on Houston Park Marina Application for development. He stated that anytime a marina consist of at least 100 boat slips, this" constitutes what is believed to be development of regional impact , which must seek the approval of a Regional Planning Council (which in this case consists of County Commissioners from Martin County, Palm Beach, Broward, Collier, and Monroe). He also added that 42 separate agency reports have been obtained determining the economic feasibility and impact, as well as , ecological impact, all which have met with favorable recommendation. He then explained that the next step is to obtain the approval from the local government, so that they may then go back to the county for final approval . Since there were no comments from the audience, Mayor Adams closed the public hearing. A motion was made by Commissioner Donly; seconded by Commissioner Hirsch to approve the regional impact review on the Houston Park Marina Application for development as passed by the South Florida Regional Planning Council . The motion passed on the following roll call vote: Vice Mayor Bertino-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Adams-yes Commissioner Donly-yes Item No. 10- Request by D.E.R. on Houston Park Marina- was then moved up to be dealt with along with this item. (agenda item 4. Mr. David Graham read the report from the Department of Environmental #10) Regulation (copy attached) concerning the development of Houston 'Park Marina. He also read the resolution as prepared by the D.E.R. that was attached to this letter. Commissioner Cook made a motion to adopt the resolution from D.E.R. on the Houston Park Marina with the City Attorney making all inser- tions, Vice Mayor Bertino seconded this motion. Vice Mayor Bertino then requested that Mayor Adams reopen the public hearing for anyone who would like to speak in favor or opposition. Mayor Adams then opened the public hearing, hearing no one speak in favor or opposition, the Mayor then closed the public hearing. The motion was then restated by Commissioner Cook, seconded by Vice Mayor Bertino to adopt the resolution for the permit in the name of Marine Conversions Inc and the City of Dania. The motion passed on the following roll call vote: Vice Mayor Bertino-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Adams-yes Commissioner Donly-yes (agenda item 5. Mr. Robert Cauth from Broward Countys' Board of County Commissioners #4) was present to discuss future plans on the Division of Solid Waste Disposal and Resource Recovery and to request that the City of Dania consider joining in this project. The Commission informed Mr. Cauth that they could not take any action at this time, and suggested that the City Administration pursue the various activities and proposals concerning the: feasibility of this : project, and to keep the Commission informed. (agenda item 6. A motion was made by Commissioner Hirsch, seconded by Commissioner Donly #5) appoint Mr. Tom Sette to the Dania Housing Authority for a term of four years, and that he be notified of his term. The motion passed unanimously. Regular Meeting -3- November 11, 1980 r . :. . . . IO the approval of this plat, unless the N.E. 2nd. Street easement is changed to a dedicated street. Building Official Maxwell then explained that on the south end of . . the plat are wetlands area and that the City is putting a road easement there right now, which could become a street in the event the city would choose to do so later. The stated motion passed on the following roll call vote: Vice Mayor Bertino-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Adams-yes Commissioner Donly-yes b) City Attorney Adler read the title of an ordinance establishing a Code Enforcement Board for the City of Dania. Mr. Adler stated that the commas have been removed in the 4th paragraph on page 6, sub-paragraphs A & B. Mayor Adams then opened the public hearing, after no one stepped forward to express approval or opposition, the Mayor then closed the public hearing. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to approve this ordinance on second reading establishing a Code Enforcement Board along with the grammatical corrections. The motion passed on the following roll call vote: Vice Mayor Bertino-yes Commissioner Hirsch-yes Commissioner Cook-yes Mayor Adams-yes Commissioner Donly-yes City Manager Marant then requested the board members for this board be appointed at this meeting. He then read the following names and titles: Luther Sparkman- Real Estate Arthur Benjamin- Engineer William Sargent - Sub Contractor • Eric Kuritzky- Architect Chester Byrd - Contractor. John Vollman- Businessman A motion was made by Vice Mayor Bertino, seconded by Commissioner Cook to appoint these members. The motion was withdrawn, until City Manager Marant checked on the terms for these men. A motion was made (after item 3c was discussed) by Vice Mayor Bertino, seconded by Commissioner Hirsch to establish by resolution the following appointments for the Code Enforcement Board: Luther Sparkman-3yrs, Arthur Benjamin-2yrs, William Sargent -lyr, Eric Kuritzky-2 yrs, Chester Byrd- 1 yr, John Vollman- 3 yrs. The motion passed unanimously. c) City Attorney Adler read the title of the ordinance approving the plat of Roddy Dania Plat No. 2 for first reading. Mayor Adams then opened the public hearing, after discussion with Building Official Maxwell concerning Mr. Roddy dedicating a 30 foot road and utility easement, the Mayor then closed the public hearing. A motion was made by Commissioner Donly, seconded by Commissioner Cook to approve on first reading the ordinance approving the plat of Roddy Dania Plat No. 2, with the stipulation that Mr. Roddy by legal instru- ment, dedicate a 30 foot road and utility easement to the City of Dania from N.E. 2nd. Street to Dania Beach Boulevard .(approximately 1207 feet). d) City Manager Marant explained to the Commission that there must be a public hearing for regional impact review on Houston Park Marina Application for development approval , to comply with the South Florida Regional Planning Council in accordance with the Environmental Review process. Regular meeting -2- November 11, 1980 Boston Pla ce4olrties SUITE 2516 1133 AVENUE OF THE AMERICAS,NEW YORK,N.Y. 10036 WRITER'S DIRECT DIAL NUMBER 12121398• 6300 ext 326 November 5, 1980 Mr. Richard Marant City Manager City of Dania 100 14. Dania Beach Blvd. Dania, F1 33004 Re: Proposed ordinance - Plat of Harbor Towne Marina Dania, Florida Dear Mr. Marant: This confirms to you our telephone conversation of 11/4/80 regarding the subject proposed ordinance. In accordance with your instructions, we requested Mr. Paul Maxwell in our telephone conversation of 11/4/80 to send us a copy of the proposed plat. It is our understanding that a second hearing on this proposed plat will occur Tuesday, 11/11/80 and we wish again to file a second formal objection to the adoption of this plat unless the N.E. 2nd Street easement is changed to a dedicated street. Very truly your Michael J. N ss MJN/11 cc: Bob Burlington Frank Adler Paul Maxwell d. r: of"r",0f"�"'�4• TWIN TOWERS OFFICE BUILDING '_s BODGRANAM 2600 BLAIR STONE ROAD TALLAHASSEE,FLORIDA 32301 h / r JACOB D.VARN ., , SECRETARY 'R'Vt a Ro*•S'* STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION November 3, 1980 City of Dania c/o David Graham 100 West Dania Beach Boulevard Dania, Florida 33004 Gentlemen: Re: DER File No. 06-206870 Broward County . City of Dania, Houston Park Marina The Department of Environmental Regulation staff has performed a biological survey for the above project and offers the ,following comments to be considered by the BL'-ard of Commissioners as required by Subsection 253.124(3), Florida Statutes. PROJECT DESCP.IPTION/LOCATION: To construct a marina by: excavating 96,700 cu. yds. from an upland area and dredging 750 cy. yds. from the Dania Cut-Off Canal and filling .26 acres of t•,etlands with 3000 cu. yds. of clean fill. Spoil will be deposited on uplands or trucked offsite. Proposed depths are -6 to -11 ft. mean sea level , gradually increasing in depth towards the entrance. 186 berths for deep draft vessels are proposed. Design features include all stormwater routed through french drains before discharge into receiving waters and flushing canal located to the south and east connected to submerged wetlands. The project site is located on the south side of the Dania Cut-Off Canal approximately a mile from the Intracoastal Waterway in Broward County. Several private and commercial marinas are present near the project site. Mangrove tidal wetlands predominate to the south and east. A finger canal forms the immediate eastern boundary of the project site. The canals are designated as Class III waterbodies. BIOLOGICAL ASSESSMENT: .12 2 y1b The project site consists f,_Iti toriCal mangrove wetlands filled before agency jurisdiction. Thi�38acre site presently consists of an old sewage treatment plant, recreational facilities and ramps for boating access. The wetlands involved in dredge/fill activity to the south consist of white (Laguncularia racemosa) and red (Rhizophora mangle) original typed of' 100 rrcyeled paper y� � ` ....�w�.'1"vr.(� � T• ir.L=.,A,��..,�".. ti y N' .•ila J1s"'ti bA. r.. M.1(:''l 4 City of Dania Page two November 3, 1980 which are regularly flushed by tides. Mangrove vegetation also lines the finger canal located on the east project bobndary. Populations of fiddler crabs (Uca sp.) and birds (Butorides sp., Guara sp.) utilize this area as habitat. Field observations and supporting data indicate existing water quality in the Dania Cut-Off and the adjacent finger canal is already below State Water Quality Standards for dissolved oxygen, some heavy metals and coliform counts. Construction of the marina may result in further degraded water quality significant in maintaining biological integrity. HYDROGRAPHIC SURVEY: • . . In conjunction with construction of the marina culverts are proposed which will be designed to retard •residue in the basin from discharging into State waters; mangrove wetlands to the south and the adjacent finger canal . -Using a submerged elevation in the wetlands area South of the proposed basin of 13 ft. mean sea level and a mean high water of 1.6 ft. mean sea level flushing rates may be inadequate to enhance water quality: in a positive aspect. Anticipated heavy BOD loadings may further degrade ambient water quality. A sample resolution (Attachment III) prepared by the Department's legal staff is also enclosed. This document is provided to assist the Board of Commissioners in preparing a resolution that will meet the requirements of Subsection 253.124(3), Florida Statutes. The Board of Commissioners is awaretthatitheed to use requirementssofothet so statute9have beehe Department made fulfilled. Sin rely, Dan Garlick Environmental Specialist Bureau of Permitting DG/kc cc: City of Dania, c/o Carl Skiles, McIntosh & Associates Jim Elias, Broward,County Environmental Control i AGENDA REGULAR MEETING DANIA CITY COMMISSION NOVEMBER 11, 1980 MEETING TO ADJOURN ON OR BEFORE 12:00 MIDNIGHT Invocation by Reverend John Brabham Pledge of Allegiance Roll Call : 1. Approval of minutes for the regular meeting of October 28, 1980. 2. F.O.P. presentations. 3. Public Hearings: a) Second reading of an ordinance approving the plat of "Harbour Towne Marina'.' on the property located along Gulfstream Road approximately 120.50 feet north of Northeast third street. (Ordinance previously distributed) b) Second reading of an ordinance establishing a Code Enforcement Board for the City of Dania. (Ordinance previously distributed) c) First reading of an ordinance approving the plat of Roddy Dania Plat No. 2. Exhibit: Ordinance d) Public. hearing for,regional. impact review on Houston Park Marina Application for development approval . 4. Discussion of future plans of Broward County Board of County Commissioners Division of Solid Waste Disposal and Resource Recovery. 5. Appointments to the Dania Housing Authority. 6. Recommendation for purchasing conventional bus. Exhibit: Memorandum from A. Tomaini 7. Approval of E.M.S. Contract with Broward County. Exhibit: Interlocal Agreement 8. Recommendation on awarding contract for waterline replacement and pavement resurfacing. Project N80-120 9. Discussion and possible approval concerning the inclusion of the Charter of the City of Dania in the Code of Ordinances. Exhibit: Letter from Carlton C.' Smyly 10. Request for approval by D.E.R. on Houston Park Development. 11. Request by Bank of Hallandale and Trust Company-Stirling Road, Dania branch, for the purpose of obtaining City of Dania Public Funds. 12. Citizens' comments: 13. Administration reports: a) City Manager b) City Attorney 14. Commission comments: a) Mayor Adams c) Commissioner Cook e) Commissioner Hirsch b) Vice-Mayor Bertino d) Commissioner Donly