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HomeMy WebLinkAboutRegular Meeting (69) Y MINUTES DANIA CITY COMMISSION REGULAR 14EETING JULY 26, 1983 Invocation by Reverend Leininger Pledge of Allegiance Roll Call : Present: Mayor: Chester A. Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook t' James Adams Robert Donly City Attorney: Frank Adler Acting City Manager: Eugene Jewell City Clerk: Wanda Mullikin 4- Building Official : Paul Maxwell tY. Absent: L! Police Chief: Rudolf Rigo Zoning Consultant: Luther Sparkman Mayor Byrd informed the audience that consent agenda item 1.3 .was being pulled for purposes of discussion and that item 1 .5 was being withdrawn from the consent agenda due to the fact that the ordinance is not ready. 1 . CONSENT AGENDA Minutes 1 .1 July 12, 1983, Regular Meeting 1 .2 July 19, 1983, Workshop Meeting Ordinances = First Reading 1 .4 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 165 AS PASSED AND ADOPTED ON DECEMBER 27, 1977, ENTITLED 'FLOOD PREVENTION ORDINANCE' BY SECTION CNOFS ARTICLE ECTION B3 AND OF RSUBPARATICLE GRAPHT(7) OF SECTION LD,2� ARTICLE 3; AND 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THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." Proclamations 1 .6 Smith and Culpepper Families Days (July 23 and 24, 1983) 1 .7 National Housekeepers Week (September 11 - 17, 1983) A motion was made and seconded to approve the consent agenda items 1 .1 , 1 .2, 1 .4, 1.6, and 1.7. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Regular Meeting -1- July 26, 1983 Y . e • MINUTES DANIA CITY COMMISSION REGULAR MEETING JULY 26, 1983 Invocation by Reverend Leininger Pledge of Allegiance Roll Call : Present: Mayor: Chester 'A. Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler Acting City Manager: Eugene Jewell City Clerk: Wanda Mullikin V Building Official : Paul Maxwell Absent: Police Chief: Rudolf Rigo t' Zoning Consultant: Luther Sparkman Mayor Byrd informed the audience that consent agenda item 1 .3 was j being pulled for purposes of discussion and that item 1 .5 was being withdrawn from the consent agenda due to the fact that the ordinance is not ready. 1 . CONSENT AGENDA r Minutes 1 .1 July 12, 1983, Regular Meeting 1 .2 July 19, 1983, Workshop fleeting Ordinances = First Reading 1 .4 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 165 AS PASSED AND ADOPTED ON DECEMBER 27, 1977, ENTITLED 'FLOOD PREVENTION ORDINANCE' BY AMENDING SECTION B OF ARTICLE 2, SECTION H OF ARTICLE 2, SECTION C OF ARTICLE 3 AND SUBPARAGRAPH (7) OF SECTION D, ARTICLE 3; AND 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; a; AND PROVIDING FOR AN EFFECTIVE DATE." ! '. Proclamations 1 .6 Smith and Culpepper Families Days (July 23 and 24, 1983) 1 .7 National Housekeeper's Week (September 11 - 17, 1983) rr . A motion was made and seconded to approve the consent agenda items 1 .1 , 1 .2, 1 .4, 1 .6, and 1 .7. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes !f Regular Meeting -1- July 26, 1983 * 1 .3 Ordinance - First Reading (Discussed after item 3.1 ) An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-69 OF THE CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN THE MONTHLY CHARGE FOR GARBAGE AND TRASH PICKUPS FOR RESIDENTIAL UNITS FROM $3.50 TO $5.00 AND FOR SMALL BUSINESS UNITS FROM $5.00 TO $7.50; AND 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 THAT THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE AS OF THE OCTOBER, 1983 BILLING DATE:' was read for first reading by City Attorney Adler. A motion was made by Vice-Mayor Bertino, seconded by Commissioner Cook to adopt the Ordinance providing for an increase in the monthly charge for garbage and trash pickups on first reading. During discussion, Vice-Mayor Bertino read a comparison of fees charged by other cities in Broward County into the record. The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Bertino-yes Commissioner Adams-yes Mayor Byrd-yes Commissioner Donly-yes * 1.5 Ordinance (Discussed after item 3.1 and 1.3) City Attorney Adler explained the necessity to withdraw the first reading of an Ordinance amending Ordinance No. 25 to extend the non-exclusive Cable T.V. franchise for an addi- tional ten year period due to the fact that the ordinance is not ready for Commission action to be taken yet. A motion was made by Commissioner Cook, seconded by Commissioner Donly to continue the first reading of this Ordinance until the next regular meeting of August 9, 1983. The motion passed unanimously. 2. BIDS 2.1 Award of bid for microfilming equipment. Acting City Manager Eugene Jewell requested approval to reject all the bids received and re-advertise for bids in order to specify that the microfilming equipment would interface with the City's computer equipment. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to approve rejection of all bids received and re-advertise for bids for microfilming equipment. The motion passed unanimously. ** (At this point, item 4.3 was addressed. ) 3. APPOINTMENTS 3.1 Police and Firefighters' Pension Board (one resident member) No action was taken by the Commission on this appointment as no appointee had been named at the Police and Firefighters' Pension Board meeting of last week due to the lack of a quorum. Regular Meeting -2- July 26, 1983 KL' * (At this point, items 1 .3 and 1 .5 were discussed. ) 4. PUBLIC HEARINGS Ordinances - Second and Final Reading 4.1 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 2 OF ARTICLE 4 OF PART III , OF THE CITY CHARTER, ENTITLED, 'DEPUTY CLERK' , TO AMEND THE MANNER OF APPOINTMENT AND TERMINATION OF A DEPUTY CITY AUDITOR AND CLERK; AND 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" was read for second and final reading by City Attorney Adler. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Donly to adopt the ordinance amending the manner of appointment and termination of a Deputy City Auditor and Clerk on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 4.2 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBSECTION (J), SECTION 4, ARTICLE 3, PART III, AND SECTION 3, ARTICLE 5, PART XII OF THE CHARTER OF THE CITY OF DANIA, FLORIDA, TO ENABLE THE CITY MANAGER TO PURCHASE SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT IN THE AMOUNT OF $3,000.00; AND PROVIDING FOR THE PURCHASE OF. SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT IN AMOUNTS IN EXCESS OF $3,000.00, BUT NOT MORE THAN $10,000, WITHOUT COMPETITIVE BIDDING; AND PROVIDING FOR A BIDDING PROCEDURE FOR PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT IN EXCESS OF $10,000.00, AND ALL CONTRACTS FOR THE CONSTRUC- TION, EXTENSION AND/OR IMPROVEMENTS TO ANY CITY UTILITY IN EXCESS OF $1 ,000.00; AND PROVIDING FOR PURCHASES DURING UNUSUAL CONDITIONS OF EMERGENCIES; AND 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" was read for second and final reading by City Attorney Adler. Mayor Byrd opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. After discussion, a motion was made by Vice-Mayor Bertino, seconded by Commissioner Donly to adopt the ordinance amending the City Charter regarding the City Manager's ability to purchase supplies, services, materials and equipment on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes Regular Meeting -3- July 26, 1983 • • ** Vacation of Street Right-of-Way (Addressed after item 2.1 ) 4.3 PZ-32-83, District 2 MEBA Building Corporation of Florida City Attorney Adler read the title of a Resolution vacating a certain street right-of-way legally described as that part of SW Seventh Terrace, lying between the east right-of- way line of SW 2nd Avenue and the northeasterly extension of the northwesterly right-of-way line of Old Dixie Highway. Ronald Spencer, Director of School of Marine Engineering and Navigation, representing District 2 MEBA Building Corp. of Fla. , stepped forward to request vacation of the street right-of-way where District 2 MEBA Building Corp. of Fla. is the property owner on both sides of the alley. This would eliminate a 5 street intersection at South Federal Highway and Old Dixie Highway and enable District 2 MEBA Building Corp. of Fla. to install certain recreational facilities to be used by the participants of the school and the residents thereof. Mr. Spencer assured the Commission that certain easements relative to Florida Power & Light, the gas company, water company, sewerage, telephone and cable companies are in final contract negotiations for which District 2 MEBA Building Corp. of Fla. intends to provide alternate facili- ties. He also confirmed City Attorney Adler's statement ` that a new 6" water main from Federal Highway to 2nd Avenue will be installed before the Resolution is recorded. During discussion, City Attorney Adler informed the Commission that he is holding a check in escrow made payable to the City of Dania in the amount of $51 ,000.00, which is the appraised value of the property to be vacated, the funds being donated by District 2 MEBA Building Corporation of Florida with the provision that its use be restricted to recreational facilities in the City. The Commission agreed that the money could be used for Modello Park lighting. A motion was made by Commissioner Donly, seconded by Commissioner Adams to adopt the Resolution vacating a certain street right-of-way legally described as that part of SIJ Seventh Terrace, lying between the east right-of-way line of SW 2nd Avenue and the northeasterly extension of the northwesterly right-of-way line of Old Dixie Highway and further, to authorize acceptance of a $51 ,000.00 contri- bution from District 2 MEBA Building Corporation of Florida to be used exclusively for recreational facilities in the City of Dania. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Bertino=yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes 5. CITIZENS' COMMENTS A citizen spoke against reinstatement of the auxiliary officers and commented on the advantages of having a community services officer instead. 6. ADMINISTRATIVE REPORTS ti 6.1 Acting City Manager Acting City Manager Jewell reported on the status of negotiations with Broward County regarding renewal of the EMS Interlocal Agreement. 4 :{ Regular Meeting -4- July 26, 1983 A%' 6.2 City Attorney - no comment. 7. COMMISSION COMMENTS 7.1 Commissioner Adams - no comment. 7.2 Commissioner Cook Commissioner Cook requested the City Manager to prepare a report on beach restoration for the next regular meeting of August 9, 1983. 7.3 Commissioner Donly Commissioner Donly reported that he is distributing to the Commission a National League update on present cable legislation (synopsis of bill passed by the Senate). He also requested the City Manager to contact Polly Wilkie and, with the City Attorney, arrange to draw up a Proclamation to celebrate a Dania Get-Together. 7.4 Vice-Mayor Bertino Vice-Mayor Bertino announced that the Dania Chamber of Commerce is co-sponsoring with the Dania Business Associa- tion an Ethnic Day and requested that a Resolution supporting same be placed on the agenda for the next regular meeting of August 9, 1983. 7.5 Mayor Byrd Mayor Byrd described the details of Smith and Culpepper Families Days and National Housekeeper's Week proclamations. A motion was made and seconded to adjourn this meeting. The motion passed unanimously. MAYOR-COMMISSIONE LLAa_ CITY CLE DITOR Regular Meeting -5- July 26, 1983 Si: AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 26, 1983 8:00 P.M. Invocation Pledge of Allegiance Roll Call 1. CONSENT AGENDA Minutes 1.1 July 12, 1983, Regular Meeting 1.2 July 19, 1983, Workshop Meeting Ordinances - First Reading 1.3 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 13-69 OF THE CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN THE MONTHLY CHARGE FOR GARBAGE AND TRASH PICKUPS FOR RESIDENTIAL UNITS FROM $3.50 TO $5.00 AND FOR SMALL BUSINESS UNITS FROM $5.00 TO $7.50; AND PRO- VIDING 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 THAT THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE AS OF THE OCTOBER, 1983 BILLING DATE." 1.4 An Ordinance entitled "AN ORDINANCE OF THE .CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 165 AS PASSED AND ADOPTED ON DECEMBER 27, 1977, ENTITLED "FLOOD PREVENTION ORDINANCE" BY AMENDING SECTION B OF ARTICLE 2, SECTION H OF ARTICLE 2, SECTION C OF ARTICLE 3 AND SUBPARAGRAPH (7) OF SECTION D, ARTICLE 3; AND 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." 1.5 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 25 AS PASSED AND ADOPTED ON MAY 7, 1973, TO EXTEND THE NON- EXCLUSIVE CABLE T.V. FRANCHISE FOR AN ADDITIONAL TEN YEAR PERIOD BEGINNING MAY 7, 1983; AND 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." Proclamations 1.6 Smith and Culpepper Families Days 1.7 National Housekeeper's Week 2. BIDS 2.1 Award of bid for microfilming equipment. 3. APPOINTMENTS 3.1 Police and Firefighters Pension Board (one resident member) 4. PUBLIC HEARINGS Ordinances - Second and Final Reading 4.1 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 2 OF ARTICLE 4 OF PART III, OF THE CITY CHARTER, ENTITLED, "DEPUTY CLERK", TO AMEND THE MANNER OF APPOINTMENT AND TERMINATION OF A DEPUTY CITY AUDITOR AND CLERK; AND 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." 4.2 An Ordinance entitled "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SUBSECTION (J) , SECTION 4, ARTICLE 3, PART III, AND SECTION 3, ARTICLE 5, PART MANAGERITOF THE PURCHASERTER OF SUPPLLIESI,E-CITY OF SERVICES,DANIA MATERIALSRAND, TO EQUIPMENTEINH ITY THE MA�ERIALS UNT ATHE NOF D EQUDIPMENT IN000. ; ANDROVIDING AMOUNTS INREXCESSUOFHASE$3,000.00, BUTS NOTEMOREES, THAN $10,000, WITHOUT COMPETITIVE BIDDING; AND PROVIDING FOR A BIDDING PROCEDURE FOR PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT IN EXCESS OF $10,000, AND ALL CONTRACTS FOR THE CONSTRUCTION, EXTENSION AND/OR IMPROVEMENTS TO ANY CITY UTILITY IN EXCESS OF $1,000.00; AND PROVIDING FOR PURCHASES DURING UNUSUAL CONDITIONS OF EMERGENCIES; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLU- TIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. Vacation of Street Right-of-way 4.3 PZ-32-63, District 2 MEBA Building Corporation of Florida, SW Seventh Terrace, lying between the east right-of-way line of SW 2nd Avenue and the northeasterly extension of the northwesterly right-of-way line of Old Dixie Highway 5. CITIZENS' COMMENTS - Comments will be restricted to those areas where action taken by the Administration has not been satisfactory. Items concerning policy or administrative activities not previously discussed with the Administration will be ruled out of order by the Chair. Comments of a general nature not dealing with operations or policy are welcome. 6. ADMINISTRATIVE REPORTS 7.1 Deputy City Manager 7.2 City Attorney 7. COMMISSION COMMENTS 7.1 Commissioner Adams 7.2 Commissioner Cook 7.3 Commissioner Donly 7.4 Vice-Mayor Bertino 7.5 Mayor Byrd -------------------------- ------------------------------------------------------------ ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE DANIA CITY COMMISSION WITH RESPECT 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.