Loading...
HomeMy WebLinkAboutNULL (51) �,_ _ _ �� ; '� f q ��* i�n . r 's. p 4 �,:�� 1 r1 U'11�!, �� s, � � c �i. �� E { : S�� �er+r►b er o?�� 19grj �., � ,; ,I ;,,F �. ; �, 1l'b 9 �: ;. :��; h-� < :., i.. 4,y`1'. ..:;:_. t �: . •,< ,�, , __. c .i c 1 tiny 1 MINUTES DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 26, 1995 INVOCATION by Reverend Lewis PLEDGE OF ALLEGIANCE ROLL CALL Present: t' Mayor: Bill Hyde Vice Mayor: John Bertino Commissioners: Bobbie Grace y% Albert Jones Bob Mikes City Manager: Mike Smith p � City Attorney: Frank Adler City Clerk: Marie Jabalee PRESENTATIONS General Employee of the month for September. City Manager Smith commended Michael Alexander for his efforts to improve operations in the Public Works Department during his employment since 1983. His dedication and willingness to go above and beyond awarded him the "Employee of the Month" for September 1995. Commissioner Grace mentioned her recent opportunity to work with the Public Works Department that provided her first hand knowledge of the type of work that is accomplished by the employees. y She stated the City's fortunate in having employees like Michael Alexander who are so dedicated. Commissioner Jones was proud to acknowledge Michael Alexander for his work efforts which are always conducted in a friendly and professional manner on behalf of the City of Dania. (DEFERRED) Mayor Hyde deferred item 1.3 from the Consent Agenda at the request of City Clerk Jabalee. 1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE CITY OF DANIA AND TRANSWORLD SYSTEMS, INC. FOR THE COLLECTION OF VARIOUS ACCOUNTS DUE THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE." REGULAR MEETING 1 SEPTEMBER 26, 1995 :y 'F LY Q C 1. CONSENT AGENDA Minutes 1.1 Regular Meeting of August 8, 1995. Resolutions 1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING PARTICIPATION IN THE GROUP CITY EMS COALITION CONSISTING OF VARIOUS MUNICIPALITIES OF BROWARD COUNTY FOR PROVIDING FUNDING AND LICENSING; AUTHORIZING PARTICIPATION IN THE INTERLOCAL AGREEMENT BETWEEN MUNICIPALITIES OF THE GROUP CITY EMS COALITION; AUTHORIZING THE EXPENDITURE OF MONEY TO - FUND THE PROGRAMS OF THE GROUP CITY EMS COALITION PURSUANT TO THE INTERLOCAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Ordinances 1.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF %srs "SCHICK PLAT", SAME BEING: THE NORTH 216.00 FEET OF THE EAST 1/2 OF THE NORTHEAST 114 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 200.00 FEET THEREOF, IN SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY FLORIDA, LESS THE SOUTH 25.00 FEET THEREOF FOR ROADWAY PURPOSES; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL ; STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF"SCHICK PLAT"; 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 OF THE CITY OF DANIA, FLORIDA AMENDING SECTION 18-29(P) OF CHAPTER 18 OF THE CODE OF ORDINANCES TO CHANGE THE DEFINITION "PLAN YEAR"' 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." A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to approve the Consent Agenda with the exception of item 1.3. The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones -yes Commissioner Mikes - yes Vice Mayor Bertino- yes Mayor Hyde - yes 2. PROCLAMATIONS 2.1 Mayor Hyde proclaimed "Florida Open Week" - October 2 through October 8, 1995. REGULAR MEETEVG 2 SEPTEMBER 26, 1995 3. BIDS - none 4. PUBLIC BEARINGS Resolutions 4.1 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1995-96 AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." City Attorney Adler read the resolution in its entirety. -.yam F' City Manager Smith provided an overview of the City's financial position and reasons for increasing the millage from 5.98% to 6.28%. The City's total budget is $14.9 million and $70,000 has been budgeted for a study to implement a Stormwater Utility District to handle drainage problems. The City has saved money by reorganizing the City Clerk and Parks & Recreation Departments and there has been a minimal amount budgeted for capital expenditures and only $10,000 in the Contingency Fund. Mr. Smith presented charts to show revenue and expenditure flows while explaining " that public safety is the major expense for municipalities. Mayor Hyde opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Grace, seconded by Commissioner Jones to " adopt the Resolution approving the millage rate for the 95/96 fiscal year. ` The motion passed on the following roll call vote: j ' Commissioner Grace -yes Commissioner Jones -yes i Commissioner Mikes - yes Vice Mayor Bertino- yes Mayor Hyde -yes ' 4.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, FOR THE FINAL APPROVAL AND ADOPTION OF THE ANNUAL BUDGET OF THE CITY OF DANIA, FL, FOR THE FISCAL YEAR 1995-96; AND 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." City Attorney Adler read the resolution in its entirety. Commissioner Grace mentioned that the City hired Berry& Calvin to conduct a drainage study a few years ago and asked whether some of the data could be used to defray costs on the new study. City Manager Smith advised that the previous REGULAR MEETING 3 SEPTEMBER 26, 1995 d L r study was limited to the southeast section of the City and that some of the data will be used for the comprehensive study of the entire City. In response to Vice Mayor Bertino's request for another valuation study on the General Employee's Pension Plan, City Manager Smith stated that item 1.5 addresses the issue which will save the City around $45,000.00. Commissioner Mikes urged the public to remain at the meeting to hear the update on negotiations with Seafair under item 8.4 since it involves a major financial issue for the City. Mayor Hyde opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Jones, seconded by Commissioner Mikes to adopt the Resolution approving the General Fund Budget for the 95/96 fiscal year. The motion passed on the following roll call vote: Commissioner Grace- yes Commissioner Jones - yes Commissioner Mikes- yes Vice Mayor Bertino-yes Mayor Hyde -yes 4.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL $ SEWER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995. AND ENDING SEPTEMBER 30, 1996, FOR THE $' MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FL; AND 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." City Attorney Adler read the resolution in its entirety. City Manager Smith advised that there are no changes in sewer rates and the budget is $2.2 million. Commissioner Jones commended the Sewer Department and Utility».: Director Palm for their efforts in reducing sewer rates over the last few years. Mayor Hyde opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Grace, seconded by Commissioner Jones to adopt the resolution approving the Sewer Fund Budget for 95/96 fiscal year. f: REGULAR MEETING 4 SEPTEMBER 26, 1995 The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes -yes Vice Mayor Bertino- yes Mayor Hyde - yes 4.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995. AND ENDING SEPTEMBER 30, 1996, FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FL; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF C RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE." City Attorney Adler read the resolution in its entirety. City Manager Smith advised that the Water Fund budget is $1.7 million which includes the treatment, distribution and billing for the Water Plant operations. Commissioner Mikes mentioned the costs that have been saved by renovating the Water Plant over the last few years which kept water rates down. v, Mayor Hyde opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. es; j'` Commissioner Jones asked whether funds have been budgeted from Contingency for === some City charitable and non-profit organizations. City Manager Smith stated that the City has always had a policy of not contributing to outside organizations, no matter how worthy, based on there being so many worthy organizations and the City's financial constraints. The Commission agreed that changes to the budget z. should have been addressed under item 4.2. A motion was made by Commissioner Jones, seconded by Commissioner Mikes to adopt the resolution approving the Water Fund budget for the 95/96 fiscal year. The motion passed on the following roll call vote: t; Commissioner Grace- yes Commissioner Jones- yes Commissioner Mikes -yes Vice Mayor Bertino-yes Mayor Hyde - yes 5. SITE PLAN- none i REGULAR MEETIIVG 5 SEPTEMBER 26, 1995 "'' P i Q 6. CITIZENS' COM211ENTS - COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M.THE SECOND(2ND)AND FOURTH(4TH) MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED,THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. 6.1 Lew Gusdorff- Beach Acquisition Project Mr. Gusdorff disagreed with the City's proposed plans to purchase additional beach r< property between Dania Beach and John Lloyd Park. His opinion being that the City does not need the property because very few Dania residents use the beach and - there is no financial benefit. He suggested a change in the agenda format to hear the Commission Comments yM section at the beginning of the meeting. He also suggested that bathrooms and a g shelter be built at the pier. Commissioner Grace explained to Mr. Gusdorff that it is the City's desire to finalize the pier concession vendor before finishing the bathrooms G and shelter at the pier. Mr. Gusdorff was advised that the Modello Park Pool will be completed once the t bathrooms have been finished and meet all legal requirements. ITEM 8.4 WAS HEARD AT THIS TIME y? r 7. EXPENDITURE REQUESTS 7.1 WAS HEARD AFTER ITEM 8.4 } 7.1 Approval of invoice from Bailey Hunt Jones & Busto for the period ending t - August 31, 1995, in the amount of$3,903.09 for services rendered per resolution 113-93 adopted July 13. 1993. City Manager Smith advised that the invoice has been reviewed and that the costs W,t T relate to appeals work on behalf of the City. A motion was made by Commissioner Mikes, seconded by Mayor Hyde, after passing the gavel to Commissioner Grace, to approve the invoice in the amount of$3,903.09. The motion passed on the following roll call vote: Commissioner Grace - no Commissioner Jones - no Commissioner Mikes -yes Vice Mayor Bertino- yes Mayor Hyde - yes I I REGULAR MEETING 6 SEPTEMBER 26, I995 e e 1 7.2 Approval of invoice from Curtis & Curtis, P.A. for the period ending August 23, 1995, in the amount of$10,303.59 for services rendered per resolution 113-93 authorizing expenses for airport related services. City Manager Smith recommended approval of the invoice which is through the end of August and assured the Commission that the litigation costs should be reducing since the Interlocal Agreement was adopted. A motion was made by Commissioner Mikes, seconded by Vice Mayor Bertino to approve the invoice in the amount of$10,303.59. The motion passed on the following roll call vote: Commissioner Grace - no Commissioner Jones - no Commissioner Mikes -yes Vice Mayor Bertino-yes Mayor Hyde -yes 8. DISCUSSION AND POSSIBLE ACTION 8.1 Selection of City Manager. Mayor Hyde advised that the interviews for City Manager have been finished and the ' a4 top three candidates were Mr. Brady, Mr. Jackson and Mr. Cox. Mr. Brady from Punta Gorda was rated first choice by the Commission and Mr. Sylvester Jackson was rated second. Mayor Hyde advised that Mr. Brady withdrew his position for lack of a contract and that Mr. Jackson has agreed to work without a contract. Commissioner Mikes suggested readvertising and increasing the salary if necessary as he feels that the City needs an experienced person. Mayor Hyde agreed with the selection process that was conducted and was willing to hire Mr. Jackson who is second in position. Vice Mayor Bertino clarified that the process ranked a list of people for the Commission consideration. The second ranked person would need a motion with at least three affirmative votes of the Commission in order to enter into negotiations with the City. He was aware that Mr. Jackson has had Assistant City Manager experience but not City Manager experience. Discussion followed on the need for someone to be experienced enough to handle important matters like FAU and Bass Pro that are s currently pending. 4" Commissioner Grace reminded the Commission that Robert Flatley was not a City Manager before coming to Dania some 5 years ago and that he turned out to be a k! ti- REGULAR MEETING 7 SEPTEMBER 26, 1995 fine City Manager for Dania. Commissioner Grace reported that Mr. Jackson has as much experience behind him as Mr. Brady and Mr. Cox. A motion was made by Commissioner Grace, seconded by Commissioner Jones to accept the application for City Manager from Sylvester Jackson. Commissioner Jones reconfirmed that there have been people in the past that were not City Managers who became City Managers for Dania and that Mr. Jackson has a good line of experience behind him to do some good things for the City. Mayor Hyde agreed that the selection process should be supported since Dick Black, ICMA, went out of his way to be fair. n Commissioner Mikes stated that the problems facing the City are going to be a make or break situation and that the City does not have time to train anyone; more experience is needed rather than less. Vice Mayor Bertino agreed that other Assistant City Managers became City Managers in the past and that Interim City Manager Smith should be hired based on his experience with Dania. t A substitute motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to appoint Michael Smith as City Manager of the City of Dania. k The motion failed on the following roll call vote: Commissioner Grace- no Commissioner Jones - no Commissioner Mikes - yes Vice Mayor Bertino-yes Mayor Hyde - no The roll call for the original motion to hire Mr. Sylvester Jackson passed on following roll call vote: T Commissioner Grace -yes Commissioner Jones -yes — Commissioner Mikes - no Vice Mayor Bertino- no Mayor Hyde - yes Sylvester Jackson came forward to express his appreciation for being given the opportunity to be considered for City Manager of Dania but did not feel that a 3/2 vote was sufficient for him to accept the position at this time. A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to start the process over again and possibly increase the salary if necessary. This motion was replaced by the following motion. REGULAR MEETING 8 SEPTEMBER 26, 1995 a i a 9 F A motion was made by Commissioner Jones, seconded by Commissioner Grace to appoint Michael Smith as City Manager of Dania. P Commissioner Mikes felt that the City needs outside expertise and suggested that Mr. Smith's Interim Position be continued for another three months while looking for a City Manager since the position is so critical to the City. The motion to appoint Michael Smith as City Manager passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - no Vice Mayor Bertino-yes Mayor Hyde -yes Michael Smith was pleased to accept the City Manager position. Commissioner Mikes mentioned the difficulty involved in doing the job of a City Manager. He stated the following "If you last less than three years as a City Manager it's your fault and if you last more than five years it's the Commission's fault." He was concerned for Mike Smith since he has so many years towards his pension and the City Manager position has a transient image. Mayor Hyde was pleased for Mr. Smith and expressed his desire to begin working with him on City issues. <: 8.2 Contracting with Hollywood YMCA to conduct afterschool programs at Collins Elementary. City Manager Smith explained that the Hollywood YMCA has $25,000 available 10 through a grant to operate the City's afterschool program at Collins Elementary. He k recommended contracting with the YMCA to remove administrative burdens and provide structure to the City's programs. A motion was made by Vice Mayor Bertino, seconded by Commissioner Grace to enter into a Contract with the Hollywood YMCA to conduct the afterschool program at " Collins Elementary School. r The motion passed on the following roll call vote: Commissioner Grace - yes Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Bertino-yes Mayor Hyde -yes 8.3 Additional sites for City operated afterschool programs. REGULAR MEETRVG 9 SEPTEMBER 26, 1995 J ^ C r t i Vice Mayor Bertino stated that Frost Park also conducted an afterschool program last year and that there are people in the Griffin Park (Meli Park) area who need this type of service provided for their children. A motion was made by Vice Mayor Bertino, seconded by Commissioner Mikes to direct City Manager Smith to provide alternatives for developing programs for afterschool care at Frost Park and Meli Park. The motion passed on the following roll call vote: Commissioner Grace -yes Commissioner Jones -yes Commissioner Mikes -yes Vice Mayor Bertino- yes Mayor Hyde - yes ITEM 8.5 WAS HEARD AFTER ITEM 8.3 ITEM 8.4 WAS HEARD AFTER ITEM 6.1 8.4 Status of Seafair negotiations. Karl Adler, Esq. advised that there has been little change in the negotiations with FAU and Aragon Group regarding the Seafair site. A mediation session was conducted last week with all parties but no settlement has been reached. Mr. Karl Adler requested permission to have authority to give notice of default to the Aragon Group based on his review of the provisions of Paragraph XI and XXVIII of the d° Seafair Lease. Vice Mayor Bertino questioned whether the City would be required to buy out the leasehold from Saturday Corporation/Aragon Group if the lease was canceled. Mr. Adler stated that the City would not be required to do so if the lease was canceled ?` since there would be no leasehold. Mr. Adler was not pleased with the idea of going to court since their are no guarantees and was hopeful that things could be worked out with FAU for the Seatech facility. Commissioner Mikes stated the deplorable condition of the Seafair building and the need to resolve the legalities as soon as possible. Further discussion followed on the positive impact that the FAU project will have on the City and the need to be reasonable in the negotiations. A motion was made by Commissioner Mikes, seconded by Commissioner Jones to adopt a resolution authorizing Karl Adler Esq. to give notice of default to Aragon Group of any default that is found under the existing Lease that was originally with Saturday Corporation on Seafair and further to give notice of Cancellation of the lease by a second notice if necessary. REGULAR MEETING 10 SEPTEMBER 26, I995 1 N Commissioner Mikes and Commissioner Jones agreed to restate their motion to give Karl Adler Esq. authorization by the City Commission to proceed with Notice of Cancellation, Notice of Default and, if necessary, in his judgment, to cancel the lease and obtain possession of the property. Vice Mayor Bertino stated that the City Commission can hold a Special Meeting within 24 hours to provide permission for Karl Adler to go to litigation. The Commission decided that they were satisfied with the motion as restated. Karl Adler assured Vice Mayor Bertino that he would come back to the Commission to discuss all necessary issues before going to litigation. The motion passed on the following roll call vote: f ; Commissioner Grace - no Commissioner Jones-yes Commissioner Mikes -yes Vice Mayor Bertino-yes a Mayor Hyde -yes ITEM 7.1 WAS HEARD AFTER ITEM 8.4 t r, ITEM 8.5 WAS HEARD AFTER ITEM 8.3 8.5 Investment policies. Commissioner Jones mentioned his concern that there are no policies established on investing the City's funds and this being a State Statute requirement. Marie Jabalee, Finance Director/City Clerk, advised that the State recently enacted legislation that requires the City to have an investment policy in place by October 1 and a policy is forthcoming to the Commission for approval. Currently, the City investments are in SBA surplus funds and Certificates of Deposits. 8.6 New occupational license category - Gambling Vessel and Motocross Track. Commissioner Mikes recommended including a new occupational license category - called "Gambling Vessel and Motocross Track"to bring revenues into the City. He mentioned that these operations currently do not pay anything to the City and that the I.T. Parker Center's parking is being impacted tremendously by the Vegas Express located at Harbour Towne. Commissioner Grace agreed that the gambling vessel is creating a tremendous parking impact on the I.T. Parker Center and that a boat barge has been located near the Center for over a month. She asked that a letter be sent to Harbour Towne by the City Manager requesting that the barge be removed and to address the parking situation. h: REGULAR MEETING 11 SEPTEMBER 26, 1995 9 Mayor Hyde suggested that the Vegas Express be invited to a workshop meeting to discuss the problems. City Manager Smith recommended that the Vegas Express issue be presented to the Occupational License Review Board. The Commission agreed that the Motocross Track deals with children and is different from a gambling vessel. 9. APPOPJTMENTS (all appointment items were continued to the next regular meeting except for item 9.10 and 9.12) 9.1 Appointment of one member to the Airport Advisory Board. 9.2 Appointment of two members to the Dania Economic Development and e )i Downtown Redevelopment Board. 9.3 Appointment of one member to Human Relations Board. t4 ,' 9.4 Appointment of one member to the Occupational License Review Committee. 9.5 Appointment of one member to the Parks & Recreation Advisory Board. 9.6 Appointment of one member to the Unsafe Structures Board. 9.7 Appointment of four members to the Community Affairs Advisory Board. 9.8 Appointment of five members to the Charter Review Board. 9.9 Appointment of two members to the Budget Advisory Committee. 9.10 Appointment of one voting delegate and one alternate voting delegate to the Annual Congress of Cities, Phoenix, Arizona. The Commission generally agreed to select Vice Mayor Bertino as voting delegate to the Annual Congress of Cities in Phoenix, Arizona. i 9.11 Appointment of a municipal representative to the Committee for Community Development. 9.12 Appointment of one member to the Dania Police & Firefighters' Retirement System. City Manager Smith directed attention to the back up material provided from Robert Sugarman, Attorney for the Police & Fire Pension Board, regarding his legal opinion fEf of the Commission's refusal to affirm the appointment of Eugene Jewell. A motion was made by Vice Mayor Bertino to affirm the appointment of Eugene Jewell to the Dania Police & Firefighters' Retirement System. The motion died for lack of a second. 10. ADRIMSTRATIVE REPORTS City Manager Smith requested a meeting be held soon with the Commission to discuss their ideas and input on the goals of the City. Discussion followed on the need to appoint a citizen to the Committee for Community Development at the next regular meeting. City Attorney - no comments REGULAR MEETING 12 SEPTEMBER 26, 1995 i I I. COMMISSION COMMENTS 11.1 Commissioner Grace Commissioner Grace mentioned that her main projects for the City right now are Seafair/FAU, Bass Pro and the Airport Expansion. She advised that Congressman Alcee Hastings' office asked her to speak at the Jewish Democratic Club in Hollywood which encouraged unification between the Black and Jewish people. She attended the Attucks Alumni picnic for the classes of 1955-1968 and Family & Friends Day at the Griffin Road Baptist Church with � Reverend Sands. She also advised that the Northwest Byrd Point Civic Association will be holding their meeting this Thursday and Charles Murphy, Cellular One, will be speaking. BSO was asked to attend and provide an update on crime prevention programs. Commissioner Grace thanked the police officers who assisted her last Saturday in helping a woman from Maine who was in need. She also asked BSO to look into drug dealing near her residence. 11.2 Commissioner Jones tw Commissioner Jones commented on the various programs for children at the Griffin Road Baptist Church and the need to use different methods to reach the youth of today. He informed the public of being selected by the Florida Alliance of Health, Physical Education, Recreation, Dance and Drivers Education as Community Educator for the Year. He will be going to St. Petersburg, Florida in October to receive the award at the state conference. Commissioner Jones encouraged the hiring of minorities for projects funded by Community Block Grant Funds to help the community. He was happy to see the community come together at the recent flea market held at Frost Park. Veta Mae Peterman was congratulated for having one of her poems selected by the Northwest Poetry Association and for her many contributions over the years to the City of Dania. 11.3 Commissioner Mikes Commissioner Mikes agreed that the Frost Park Flea Market was a success and that citizens collected $74.00 for a good cause. REGULAR MEETING 13 SEPTEMBER 26, 1995 U r- „ R` Commissioner Mikes stressed the pressure and difficulty involved in being a City Manager and wished Michael Smith well. In regards to the discussion about the City purchasing lots at the beach, Commissioner Mikes clarified that the City is not purchasing the lots at full cost. He also stated that the only way the City will purchase the lots is through a grant program and the need to retain beach property to deter future development. He was glad that the Commission took action to do something about the Seafair Lease and to oppose the recent School Sales Tax increase. City Manager Smith explained that the Dixie Highway Corridor Study representatives will be addressing the Commission and citizens on October 24 and that FDOT was provided mailing labels to inform all citizens about the meeting. Commissioner Mikes was glad to report that action was taken at a recent League of Cities meeting to request the County Commission to provide term limits and single member districting to the voters. f 11.4 Vice-Mayor Bertino 11.5 Mayor Hyde Mayor Hyde and Vice Mayor Bertino congratulated City Manager Smith and wished him well in his new position. This meeting was adjourned. /1 1. REGULAR MEETING 14 SEPTEMBER 26, 1995 n`�r AGENDA DANIA CITY COMMISSION REGULAR MEETING SEPTEMBER 26, I995 7:30 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION ;VITII REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR IJEARING WILL NEED A RECORD OF TIIE PROCEEDINGS,AND FOR SUCII PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCF. UPON;ylllCll THE APPEAL IS TO RE RASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS REQUIRED IF ANY PERSON, FIRMOR CORPORATION fS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR /SSUE f.- PURSUANT TO ORDINANCE NO. -01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE }, .1DMJNISTRATfON f.LNTFR. IN ACCORDANCE IWTII TIIE AMERICANS;vlTII DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF TIIF.SE PROCEEDINGS SIIOULD CONTACT MARIE IARALEE, CITY CLERK, f00 WEST DANIA BEACH BOULEVARD,DANIA,FLORIDA,33004,921-8700 EXTENSION 202 AT LEAST 48 HOURS PRIOR TO TIIE MEETING INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS General I?1nPlo}'ce of the month for September I. CONSENTAGENDA Minutes 1.1 Regular Mccling of August 8, 1995. I Resolutions +, 1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING tt PARTICIPATION IN THE GROUP CITY EMS COALITION CONSISTING OF VARIOUS MUNICIPALITIES OF BROWARD COUNTY FOR PROVIDING FUNDING AND IICENSING; AUTHORIZING PARTICIPATION IN THE INFERLOCAL AGREEMENT BETWEEN MUNICIPALITIES OF THE GROUP CITY EMS COALITION; AUTHORIZING THE EXPENDITURE OF MONEY TO FUND THE PROGRAMS OF THE GROUP CITY EMS COALITION PURSUANT TO THE INTERLOCAL AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE'." (Stafn 1 5 .).-F J? Xta a 9 S 1.3 ":, iOl.l I ION OF 1111. Cll 1' OF UAN1.A, FLOI.IDAq 'ROVING AGIZEEN(4:N'I' lil�l'l1'I{I?N '1'lll{ Cll']' OF UAN1AANU '1'R:ANS\1'ORLU SYSTEMS, INC, POR '1'lll: COLLI?C'17ON OF VARIOUS ACCOUNTS DUE THE CITY; AND PROVIDING FOR AN t?PPl{CI'IVI{ UA7'1?." (Staff) Ordinances 1.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLA"T OF "SCHICK PLAT", SAME 13EING: THE NORTH 216.00 FEET OF THE EAST 1/2 OF THE NORTHEAST I/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 200.00 FEET THEREOF, IN SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY FLORIDA, LESS THE SOUTH 25.00 FEET THEREOF FOR G ' ROADWAY PURPOSES; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID "L PLAT OF "SCHICK PLAT'; 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."(First reading of Ordinance) (Staff) 1.5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING SECTION I8-29(P) OF CHAPTER 18 OF THE CODE OF ORDINANCES TO CI-IANGETHE DEFINITION "PLAN YEAR... 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 reading of Ordinance)(Staff)Y c 2. PROCLAMATIONS 2.1 "Florida Open Week" - October 2 through October 8, 1995 Fi ' 3. BIDS s 4. PUBLIC HEARINGS Resolutions 4.1 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE. FISCAL YEAR 1995-96 AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE: DATE." (Staff) 2 r -tl• film- { -1? •_;OLU IION OI I II1% Cfl l OF DANIA, I�LORII)A itl(OUIREI) BY T I I CITY Cl IARTER AND SECT]0N 200.065, FLORIDA S'FA'I-U'1-1?S, FOR TIIE FINAL APPROVAL. AND ADOI)YION 0F'FHE ANNUAL BUDGl?'1' OF THE CITY OF DANIA, FLORIDA, I OR 'I'111,, FISCAL YEAR 1995-96; AN 1) PROVIDING TFIXI'ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff 4.3 "A RESOLUTION OF THE CITY CIF DANIA, FLORIDA, ADOPTING T'HL' ANNUAL SEWER FUND BUDGETAND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCT OBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, FOR THL' MAINTENANCE AND CARRYING ON OF THE SEWER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN ' CONFLICT HEREWITH BE REPEALL'D TO THE EXTENT OF SUCH e CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staff) 4.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE ANNUAL WATER FUND BUDGET AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, FOR THE MAINTENANCE AND CARRYING ON OF THE WATER DEPARTMENT OF THE CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN 5 3. CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH 1 c CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (Staf) 5 5. SITE PLAN / t G. CITIZENS' COMMENTS- COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES TIlAT ARE _ NOT A PART OF THE REGULAR AGENDA SHOULD RE GIVEN IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND(2ND)AND FOURTH(4TII)MONDAY OF EACH MONTH. COMMENTS OFANY NATURE WILL BE RESPONDED TO BY THE OFFICE OF TIIE CITY MANAGER. IN TIIE EVENT T!!AT TflE ONCERN REMAINS UNRESOLVED,THE CITIZEN(S)OR PARTY WILL BE ASKED TO ADDRESS THE CITY OMMISSIONDURING THE MEETING. 6.1 Lew Gusdorf - Beach Acquisition Project 7. EXPENDITURE REQUESTS 7.1 Approval of invoice front Bailey Hunt Jones & Busto for the period ending August. 31, 1995, in the amount of$3,903.09 for services rendered per resolution 113-93 adopted July 1.'3, 1993. 7.2 Approval of invoice from Curtis & Curtis, P.A. for the period ending August. 23, 1995, in the :unount of'$10,303.59 for services rendered per resolution 113-93 authorizing expenses for air ort related servic es. 3 s 8- DLSCUSSI, .-ANDPOSSIBLEACTION 8.1 Scleclion of Cit)' Nlaiiagcr. (Mayor Hyde) 8.2 (lot lracting with I Ioll)'wood ]YMCA Io conduct aliccschool programs at Collins Elemental f. (Staff) 8.3 Additional sites to" City operated afierschool programs. a (Commissioner Bertino) 8.4 Status of'Seafair negotiations. (Staff) 8.5 Livcstulent. Policies. (Commissioner Jones) 8.6 New occupational license category - Gambling Vessel and Motorcross Track. (Commissioner Mikes) 9. APPOINTMENTS C 9.1 Appointment. of one member to the Airport.Advisory Board. 9.2 Appointment of two members to the Dania Economic Development. and Downtown Redevelopment Board. 9.3 Appointment of one member to Human Relations Board. 9.4 Appointment of one member to the Occupational License Review Committee. 9.5 Appointment of one member to the Parks & Recreation Advisory Board. 9.6 Appointment of one member to the Unsafe Structures Board. — 9.7 Appointment of tour members to the Community Affairs Advisory Board. 9.8 Appointment.of five members to the Charter Review Board. 9.9 Appointment of two members to the Budget Advisory Committee. 9.10 Appointment of one voting delegate and one alternate voting delegate to the 3 Annual Congress of Cities, Phoenix, Arizona. 9.11 Appointment of municipal representative to the Committee for Community [_ Development. 9.12 APpomunem ofonc member to the Dania Police & Firefighters' Retirement system. 10. ADMINISTRATIVE REPORTS City Manager i- City Attorney j..l IL COMMISSION COMMENTS 11.1 Commissioner Grace 11.2 Commissioner Jones 11.3 Commissioner Mikcs 11.4 Vice-Mayor Bcrt.ino 11.5 Mayor Hyde 4 s i'. OFFICE OF THE MAYOR CITY OF DANIA PROCLAMA TION WHEREAS, Palni-Aire Country Club of Pompano Beach, Florida is hosting the 53rd Annual Florida Open golf tournament on Wednesday, October 4 through Sunday, October 8, 1995. WHEREAS, on Wednesday, October 4th a one-day Pro/Am golf tournament will be held to benefit. Habitat for Humanity, an organization that builds relationships and a sense of community as well as new housing for the poor. s WHEREAS, on Thursday, October 5th through Sunday, October 8th, 1995 is 34 the Florida Open Championship, a tournament of 72 holes stroke play. p~ WHEREAS, this historic golf tournament, held at Palm Aire Country Club f �5 Pompano Beach, Florida six times prior, will draw professional and amateur golfers from around the United States to the City of Pompano Beach. NOW, THEREFORE, I, Bill Hyde, as Mayor of the City of Dania, Florida do hereby proclaim the week of Monday, October 2 through Sunday, October 8, 1995, as 1 "FLORIDA OPEN WEEK" i in the City of*Dania :md urge the entire community to support, participate in and enjoy as spectators this, the 53rd Annual Florida Open. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal to be affixed this 261h clay of September, 1995. � BILL HYD'L, MAYOR ATFESf: MARIE JABALEE, CITY CLERK a 1. �kt 1 CITY OF DANIA FIRE DEPARTMENT INTER-OFFICE MEMORANDUM TO: Michael W. Smith .' Interim City Manager FROM: Thomas D. Grammer, Fire Chief ��,� RE: EMS Consortium DATE: September 18, 1995 i I hereby recommend that the City of Dania Fire/Rescue Department continue its association with the EMS Cosortium. i f s F TDGclb I I I r ++ ,.. i ____.�_�.._.,. r-✓-v✓-�::—.:.,-tea:-,. ';3 RESOLUTION NO. A RESOLUTION OF THE CITY OF DANIA, FLORIDA. APPROVING I AGREEMENT BETWEEN THE CITY OF DANIA AND TRANSWORLD SYSTEMS, INC. FOR THE COLLECTION OF VARIOUS ACCOUNTS DUE THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE 1T RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: s9ection 1. That that certain agreement between The City of Dania, Florida and Transworld Systems, Inc., for the collection of various accounts due the City. A copy of the form of said contract is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same. 5-e-QLiOn2. That this resolution shall be in force and take effect immediately upon its passage and adoption. iPASSED and ADOPTED this_ day of August, 1995. ATTEST; MAYOR - COMMISSIONER I F CITY CLERK -AUDITOR APPROVED AS TO FORM AND CORRECTNESS: By: Frank C. Adler, City Attorney Resolution No. . . .. ...... z� rra -y Corporate Office: 5880 Commerce Boulevard, Rohn✓ert Park, California 94928-16.911 (707) 584-4225 CLIENT Ner.ICEH gNGT lilAN NLG1cc;I LV;T IRAN.N'ULfU9li order ND. 11 6193 I (One Box MUSTbamar ed) Speaal sMppinq address: SHIP TO: ❑ CLIENT ❑ TSI OFFICE a Today's Date _/_/19_ TOTAL TRANS PURCHASED ❑ MPO—Separate Status Report TRANSMITTALS TO BE USED WITHIN NO.TRANS FOR MASTER ❑ GPO —Separate Status Report 24 MONTHS FROM TODAY DATE NO.TRANS THIS SUB-CLIENT ❑ Master/❑ SUB-One Status Report Ghent No.If R. , New Order Reorder - OPaian PHASE II E3 � e e OUERTN l2 )Nroecn l7 ::ii.::'iir•: „ 281 PURCHASER HASOPTIONTO BUY ` .�=t'1��' " CONTINUED "P:.A: ,. �`4•' P/APrtluet£) ADOMONALTRANSMITTAL4 FOR$'` " C- _ 2B IFOPIA?Vl9 EXERCISED wmtN lAtatYa AldY1pGYSMTE. ^ .. ...: X ADORES$ i CITY \ 2e 151 STATE 21P CODE N (AREACOOEI CUENTPHONENO. REGION NO. SALES NO. (AREA CO DE)TSI OFFICE PHONE NO. _ (2) ` ACCOUNT REPRESENTATIVE CYCLE FREEZE I TYPE OF BUSINESS $KIPS I/We agree to pay the balance of$ in Installments Of not less than AMOUNT s $ each.The first payment will be due 19_ and the final payment due OF ORDER $ _— . ) on _I _119_. In case suit or action Is instituted to collect this Nate or any portion Sk1ps $ _ thereof, the below name)buyer(s)promises to pay all collection costs and such additional sums as Expired $ the court may adjudge reasonable such as court costs,attorney lees,service of process, etc.in said Lou Trans $ _ suit or action. 4. , _ Stoma Re rts $ ---—---_---—______ GUARANTEE TAX(.) 1 TRANSWORLD SYSTEMS INC.guarantees the purchase of the collection service,If used In (IFAPPLICABLE) $ y_ accordance with complete instructions contained in the Transmittal folder and Instructions TOTAL $ printed on the numbered Transmittals,that the purchaser will collect a minimum of two times AMOUNTDUE the total purchase price of the Transmittals purchased within 85 days after submitting the final LESS(-) Transmittal for servicing, provided all Transmittals are used within 24 months from date of AMOUNT PAID $ .i,•,d purchase, or TRANSWORLD SYSTEMS INC. will, at its option, (1) refund the complete purchase price of said Transmittals to the purchaser, or (2) refund the cash difference BALANCE between the amount collected and double the amount Invested for the above Transmittals to DUE $ "•'F „ the purchaser. `r' n (This Guarantee onlyapplies to orders where the account balances average$50 or more.) Make check payable to: TRANSWORLD SYSTEMS INC. (SEE BELOW FOR CONDITIONS) All Transmittals must be filled out completely with correct debtor addresses,not involving bankrupt accounts or accounts which are beyond 12 months from date of last payment or charge.Our written Guarantee will apply if you have used all Transmittals within 24 months from date of purchase in accordance with printed instructions contained in the Transmittal folder,on the Transmittals,and herein.Transwarld Systems Inc.assumes no responsibility for nor does it authorize any statements,acts,or promises of any person other than the written statements and Guarantee contained herein.The Hold Harmless Agreement,paragraphs 9 and 10 on reverse side, will apply an all of the above Transmittals purchased. The purchaser authorizes Transworld Systems Inc. to forward any negotiable Instruments received directly to the purchaser. MAIL RETURNS-II mail is returned,Transworld Systems Inc.will notify client of the skip and cancel that account.To obtain a replacement Transmittal,client must return the Mall Return Notification and a check for S3.00(subject to change)to cover handling costs within 60 days of notification of the skip.If the S3.00 fee and Mall Return Notification are not returned within 60 days.the account will be classified as paid in full and that amount will count toward satisfaction of the Guarantee. If Freeze Skip option selected,replacement credit will be granted only on reorder and the dollar amount of the skipped accounts will be counted in total performance and Guarantee satisfaction. TERMS AND CONDITIONS CONTINUE ON REVERSE AND REQUIRE YOUR SIGNATURE X PURCHASER'S SIGNATURE PRINTPURCHASER'S NAME X + O COPYRIGHT 1990,REVISED 1993-TRANSWORLD SYSTEMS INC. REPRESENTATIVE S SIGNATURE ALL RIGHTS RESERVED OVER ^ J� WHITE ORIGINAL TO TSI CORPORATE OFFICE R f�l I FS I //-t,y r WHITE DUPLICATE TO CLIENT ," 1 LLL/// E � 1002310 YELLOW TO TSI CORPORATE OFFICE a PINK TO ACCOUNT REPRESENTATIVE 1 it Y S*�w M' R 20 d Vf0T SbST-02-d3S "AWL � Ya �W-IPH t TRANSMITTAL PRICE LIST Paaics�-�-- J—[�Crir 100 8.85 $885.00 200 8.25 $1,650.00 500 7.75 $3,875.00 7.25 $7,250.00 1000 rr�` 6.75 $13,500.00 2,000 5,000 6.25 $31 ,250.00 r. . 109000 5.75 $57,500.00 ' „. 5 15,000 5.45 $81.750.00 if'�'JV Y 25,000 5.00 $125,000-00 50,000 4.75 $2379500.00 t J. ALL n RDFJ ARE FULLY OUARA IL1_TEED A R RS WILL BE N MO pJS TO USE THE SERVICE ZO' d 900' oN 8s:8 S6'OZ daS -131 2L �i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF"SCHICK PLAT', SAME BEING: THE NORTH 216.00 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 200.00 FEET THEREOF, IN SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY FLORIDA, LESS THE SOUTH 25.00 FEET THEREOF FOR ROADWAY PURPOSES; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "SCHICK PLAT"; 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 asf; EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the Plat of "SCHICK PLAT", same being: THE NORTH 216.00 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 114 OF THE NORTHWEST 114, LESS THE EAST 200.00 FEET THEREOF, IN SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY FLORIDA, LESS THE SOUTH 25.00 FEET THEREOF FOR ROADWAY PURPOSES. is hereby accepted and approved. With respect thereto, the City of Dania consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat of said "SCHICK PLAT', is hereby accepted by the City of Dania, Florida. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Ordinance No. MW n Section d That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the day of , 1995. PASSED and ADOPTED on Second and Final Reading on the day of 1995. ATTEST. MAYOR-COMMISSIONER CITY CLERK-AUDITOR I APPROVED AS TO FORM &CORRECTNESS BY: go- FRANK C. ADLER, CITY ATTORNEY I 1 1 4. J :r 2 Ordinance No. is a y I CITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT To. Michael Smith Interim City Manager From: Will Allen / 1 11 a r Growth Management all l 1 RE: PL-13-95 - REQUEST FOR PLAT APPROVAL FOR A .5824 ACRE > PARCEL LOCATED ON THE SOUTH SIDE OF THE DANIA CUT-OFF CANAL AND ON THE NORTH SIDE OF NE 3 TERRACE APPROXIMATELY 200.02' WEST OF NE 7 AVE - "SCHICK PLAT" l Date: September 14, 1995 i An item scheduled for the consent agenda for the September 26, 1995 City Commission meeting is the first reading of an ordinance approving the request for plat approval of a .5824 acre parcel located on the south side of the Dania Cut-off Canal and the north side of NE 3 Terrace approximately 200' west of NE 7 Avenue (Gulfstream Road). The petitioner is the land surveyor, Elizabeth Pulice on behalf of the property owner, Marie Penelope Schick. The title of the plat is the "Schick Plat". r: _ The Planning and Zoning Board reviewed this request at their September 13, 1995 meeting. The recommendation is to approve the plat as it conforms to platting t` requirements of the City of Dania. The plat dedicates the required right -of-way for NE a 3 Terrace. The land use designation for this property is commercial and is zoned commercial, C-3. No specific plan is being presented at this time. Platting is required to construct any sort of building on the property. The City Commission will have the opportunity to review a site plan in the future. It is recommended the plat be approved. The second reading will be a public hearing. Attached: Ordinance Notice WA;lc y sC •`1 .J: I _ 1• •9 1 • P P J P :� J \ Yl P J \p � o \ Q t = na Q �•Kt. » 1J 30d fUlLl M 08 -I '• _ Z It •1 Q I /000 I/ co 9t0 31V 7nv u1L LAJ its to J �) -o iy/� °oo rn < %°oo O7 \110 O -s JwWQI� ^J�� #d o i=o t°j OV1 W (�Z N '� 7VARr9 Vv , '� ;y ° _ o \ - �Ocbf cr a�m�Q' m •-r 7VM+J600 •, i -� a 1�1J+ 02 � 3 I •~v a 0 7•v U)9 3N c G n N W i r 0 Y = I _� 3 I y _ p r-d700 000 c _ — : E Q 1 •� I i aY ?� I a y I/ s_.r. Ti c1 _ u. / --- � PETITION FOR PLAT APPROVAL ' DATE- 6-6-95 - _ PETITION NO. ���" ( 3- E/ � PLAT APPROVAL OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED. � PETITIONER: POLICE LAND SURVEYORS, INC. \\ \ LEGAL DESCRIPTION OF SUBJECT PROPERTY: NORTH 216.00 feet of the EAST I of the NORTHEAST of the SOUTHWEST I of the NORTHWEST I CE95-E a cet t mrco on 7S— Township 50 South, Range 42 East, Broward County, Florida LESS the SOUTH 25.00 feet thereof or Roadway y purposes. on a n g acres. GENERAL LOCATION OF SUBJECT PROPERTY; NORTHEAST 3RD TERRACE and NORTHEAST 7TH AVENUE, SOUTH of DANIA CUT-OFF CANAL. ! PRESENT ZONING: -i G-3 REQUESTED ZONING: N/A (NOTE: If more than one zoning classification is requested, please attach complete legal description of each zoning classification requested.) NOTE: ALL SIGNATURES MUST BE NOTARIZED BY/ORDER OF THE DANIA CITY COMMISSION. Sworn to and subscribed before me this L '� day of � L_ 19 9-5 ! bign&Ture of Petitioner �px trwf¢n y wmwaaoxAn:nmo roYrst:Apra)n S3di Street re Wr ss h:C//tY .f�Nte/-)S `2"�'av w.w)w w.rrr ur.w , . Sta ip33gs y 7l-7 '7 i Telephone Number ` <;.k: J2GLQ/ / I v^t. /G i.t"OH KFl•+l 5-7a-17�� Notary FUbI1C i J S FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY: c This is to certify that I am the owner of subject lands described above in the . ; PETITION FOR PLAT APPROVAL and that I have authorized POLICE LAND SURVEYORS INC. .to make and file the aforesaid PETITION FOR PLAT APPRO L. -- Sworn to and subscribed before me this llth day of July 19 95 - r" p•ny OHWSTOPHERJ.MAN 3 gnd CUre o Owner . . "= ,. wtaux¢uox.axnom yy �l / 1� tita mm n'wrnn,ua..r) tree A ress, City, State A p ��/�U Tlephone Number 9.1,0 _`/ ^/ ota u c TO BE FILED WITH DANIA'S BU'LDING A ZONING DEPARTMENT FILING FEE:L%4''"t't' ACCEPTED BY: �`f�! if ,� /�i1 ) - ACCOUNT NO. 4M6 J 7 C � \ • q� a+ t 1 I P NOTICE OF PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA PLAT APPROVAL NOTICE IS HEREBY GIVEN that the City Commission on October 10, 1995 at 7:30 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to approve the following proposed ordinance relating to petition PL-13-95 - "Schick Plat" AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "SCHICK PLAT', SAME BEING: THE NORTH 216.00 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 200.00 FEET THEREOF, IN SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD _ COUNTY FLORIDA, LESS THE SOUTH 25.00 FEET THEREOF FOR ROADWAY PURPOSES; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "SCHICK PLAT; 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. A COPY OF THIS PROPOSED PLAT IS ON FILE IN THE OFFICE OF THE GROWTH MANAGEMENT DEPARTMENT, CITY HALL, 100 WEST DANIA BEACH BLVD., DANIA, t FLORIDA AND MAY BE INSPECTED BY THE PUBLIC DURING NORMAL WORKING HOURS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY I + COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE - APPEAL IS TO BE BASED. ZOU ANN CUN INGHA ADMIN. AIDE - -- . _ -41 c . MEMORANDUM i i DATE: September 20, 1995 TO: Mayor, Commissioners and City Manager i FROM: Marie Jabalee, Finance Director/ City0i Clerk C- b'�r RE: General Employees Retirement Plan j i At the September 14 , 1995, meeting of the General Employees' Retirement System, the Board of Trustees voted to suspend the January 1, 1995 Actuarial Valuation report and to ,y have another valuation prepared as of October 1, 1995. Suspension of the 1995 report means that the City's required contribution into the retirement plan will be based on the January 1, 1994 report. The 1995 valuation report is ' based in part on the unfavorable investment experience during the calendar year of 1994 . Suspending the report will result in a saving to the City of approximately $45, 000 in j the 95/96 budget year. +' At the same time, the Board of Trustees is asking that i` the Commission adopt the attached ordinance changing the plan year to coincide with the City's fiscal year commencing October 1 of each year. CITY OF DANIA INTEROFFICE MEMORANDUM TO: MICHAEL SMITH, INTERIM CITY MANGER FROM: MARIE JABALEE, FINANCE DIRECTOR c .! RE: ATTACHED INVOICES - BAILEY HUNT JONES & BUSTO DATE: SEPTEMBER 20, 1995 This item should be placed on the September 26 regular agenda for Commission approval. Attached is an invoice from Earl Gallop of Bailey Hunt Jones & Busto for the period ending August 31, 1995 in the amount of $3,903.09. These expenditures are for services rendered per resolution 113-93 adopted July 13, 1993. i Earl G. Galloo $115,000.00 Previously Expended 65,207.84 $ 49,792.16 Current Invoices 3903.09 Bal. on Agreement $ 45,889.07 a YY1 The City Commission authorized the execution of a $400,000 note with Family Bank on July 27, 1993. This will provide the funding for payment of this invoice. .CAP 'R•.-n C r Ali 1Y:.. ..... u� i Fk I BAILEY & JONES ;� A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW JEANNETTE E. ALBO COURVOISIER CENTRE • SUITE 300 OF COUNSFL RAUL A. ARENCIBIA 501 BRICKELL KEY DRIVE LAWRENCE S. EVANS GUY B. BAILEY, JR. ELIZABETH S. BAKER MIAMI. FLORIDA 33131-2623 J. BRUCE IRVING KATHY J. BIBLE TEL. (305)374-5505 ROBERT E. SCHUR SCOTT L. CAGAN FAx (305)374-6715 TIMOTHY CONE SENIOR COUNSEL STEVEN CARLYLE CRONIG WM. R. DAWES JAMES C. CUNNINGHAM,JR. RICHARD M. DAVIS EARL G. GALLOP JUDITH B. GREENE JESSE C.JONES KARIN B. MORRELL �1 ( Septemher 12, 1995 kp ; ;y Mr. Michael Smith City Manager City of Dania 100 West Beach Boulevard P.O. Box 1708 Dania, FL 33004 Re: STATEMENT FOR PROFESSIONAL SERVICES City of Dania v. Broward County Aviation Our file no. 9356-00 Dear Mr. Smith: Enclosed is our statement for professional services rendered and for costs advanced for the period ending August 31, 1995 in the amount of $3,903.09 . There is a previous balance of $3,534.78 for a total amount due of $7,437.87. The Actual Cost/Cost Estimate Tracking table presents F information concerning the charges for professional services in the current statement in relation to (a) cumulative charges and (b) the original estimated charges, by work task. ; ACTUAL COST/COST ESTIMATE TRACKING - _ Current Cost Cumulative Est.Mi.n./Max. Task 1. Analyze planning documents and development orders. $ 0 $ 2,765.00 $ 3,500/5,250 M �' ril Mr. Michael Smith September 12, 1995 Page 2 Task 2. Evaluate the proposed runway extension and the county commission authorization to condemn property with the consistency requirement. 1 $ 0 $ 2,415.00 $ 2,625/3,500 Task 3. Commence a civil action to require Broward County to amend its comprehensive plan. $ 3,903.09 $64,316.41 $35,000/50,000 _ ____. _ j Task 4. Conduct local government DRZ development review and permitting of the runway extension. $ 0 $ 0 $17,500/26,250 Task 5. Participate in the wetlands permitting processes. $ 0 $ 682.50 $10,000/15,000 Task 6. Assist with challenging the eminent domain proceedings. •Y�:4 $ 0 $ 0 $10,000/15,000 } TOTALS: $ 3,903.09, $67,112.00 $78,625/115,000 r.s Please do not hesitate to call me if you have any questions regarding this statement. Very truly yours, r G. Gallop EGG:sgs Enclosu es cc: Rhona Lipman Ed Curtis, Esq. 9756ca�t.Ru BAILEY & .JONES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW AS of _ BAILEY & JONES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW COURVOISIER CENTRE • SUITE 300 501 BRICKELL KEY DRIVE MIAMI• FLORIDA 33131-2523 TEL (305)31.-5505 rA• (303)394-6765 City of Dania 100 W. Bch Blvd. Box 1708 Attn: Robert Flatley Dania, FL 33004 FOR PROFESSIONAL SERVICES RENDERED: September 11, 1995 Matter: 935600 Dania, City of v. Broward County Aviation Department ---------------------------------- 08/07/95 EGG Preparing response to Broward County's 7.50 $ 1,312.50 motion for attorney's fees 08/08/95 EGG Preparing for and attending hearing 4.50 787.50 08/11/95 EGG Telephone conference between Earl G. 0.30 52.50 Gallop and Mr. Curtis regarding proposed settlement agreement '4.;;+,�• 08/22/95 EGG Receipt and review of motions for 0.25 43.75 attorney's fees and calendaring 08/22/95 EGG Analyzing proposed interlocal settlement 8.50 1,487.50 agreement; telephcna ccnfercnces betac.n Earl G. Gallop and Mr. Curtis; meeting between Earl G. Gallop and Mr. Curtis; preparing for and attending city commission meeting; travel to and from F Dania r ;. 08/24/95 ECG Telephone conference between Earl G. 0 .25 43.75 �. >'• Gallop and Mr. Curtis regarding revisions to interlocal agreement ----------- Total Professional Services $ 3727.50 For Disbursements Incurred: -------------------------- 07/31/95 Westlaw $ 54.33 08/31/95 Photocopies (in-house) for the month 78.75 of August 08/31/95 Facsimile charges for the month of August 36.00 08/31/95 L/D telephone charges for the month of August 5.50 08/31/95 Postage for the month of August 1.01 (continued) r 'eq Matter: 935600 - September 11, 1995 Page 2 ------•-------------------- Prior costs and disbursements not completely processed in our records will appear in subsequent invoices. s Recapitulation -------------- At 175.00 per hour EGG worked 21.30 Hours For Professional Services 21.30 Hours $ 3,727.50 �. j For Disbursements Incurred 175.59 Current Balance $ 3,903.0 vr,> Previous Balance ,�34 .78 t ,S Bill # 22344 Total Due To be properly credited, please indicate Bill Number on your remittance check. I BAILEY & JONES A PROFESSIONAL ASSOCIATION_ ATTORNEYS AT LAW Mgr .. y CITY OF DANIA INTEROFFICE MEMORANDUM TO: MICHAEL SMITH, INTERIM CITY MANAGER FROM: MARIE JABALEE, FINANCE DIRECTOR C- ,a RE: ATTACHED INVOICE - CURTIS & CURTIS DATE: SEPTEMBEER 22, 1995 Attached is an invoice from Curtis & Curtis for services rendered thru August 23, 1995 in the amount of$10,303.59 These expenditures are for services rendered per resolution 113-93 adopted July 13, 1993, authorizing expenses not to exceed $150,000. Prior to receipt of the August 25 invoice, expenses incurred and paid totaled $155,996.61. The August 25, 1995 invoice submitted for payment in the amount of $10,303.59 exceeds the authorized amount of$150,000 by $16,300.20. ] Curtis & Curtis Yv. $150,000.00 Previously Expended 155,996.61 $ ( 5,996.61) }t Current Invoice 10.303.59 �x Bal. on Agreements $ (16,300.20) This item should be placed on the September 26 regular agenda for Commission approval. CURTIS & CURTIS, P.A. 1828 Southeast First Avenue Post Office Box 21607 Fort Lauderdale, Florida 33335 TO: August 25, 1995 City of Dania Mr. Michael Smith Interim City Manager 100 West Dania Beach Boulevard S Dania, Florida 33004 RE: City of Dania Our File 15431 Hours Amount NARRATIVE OF SERVICES RENDERED O5/15/95 JKW Draft four petitions for 3.00 405.00 certiorari; assemble appendices 05/16/95 JKW Telephone conference with Linda 0.30 40.50 Spaulding; telephone conference j with Tony Musto 05/17/95 JRW Telephone conference with Attorney 0.20 27 .00 Curtis 05/18/95 JRW Review response to petition; 2.00 270.00 telephone conference with Attorney Gallop's office; telephone conference with Attorney Curtis; telephone conference with Attorney Gallop 05/19/95 JRW Review county's response in 1.00 135.00 preparation for drafting replies; research -. .- ; City of Dania Page 2 Hours Amount 05/22/95 JKW Draft replies; review replies; 2. 30 310.50 revise again; westcheck 05/23/95 JKW Proofread petitions for certiorari; 1.50 202 .50 appendixes, notices of related cases and motion to assign to same panel in 4 cases; correspondence to Fy clerk and correspondence to opposing counsel ; 05/25/95 JKW Telephone conference with Craig 0.10 13.50 Eakin regarding Parcel 1454 O5/30/95 JKW Proofread three replies for filing 0.80 108.00 06/05/95 JKW Review response to certiorari; 0.20 27.00 telephone conference with Amy Brigham Bourlis' office 06/14/95 ERC Final preparation of status report 0.50 67.50 06/19/95 BAC Office conference regarding 0.20 27.00 response to Broward County's Petition for Certiorari Sr J ,s 06/20/95 ERC Prepare for and attend Motion to 1.20 162. 00 Intervene JKW Telephone conference with Tony 0.20 27.00 Musto 06/27/95 ERC Prepare response to show cause 0.50 67.50 order 07/05/95 JKW Review motion to dismiss; research; 2.00 270.00 draft response; revise response; westcheck 07/10/95 JKW Telephone conference with Gunster 0.10 13.50 Yoakley (Kurtz petition) w,•1Tz C City of Dania Page 3 Hours Amount 07/17/95 ERC Review Seattle TA program; review 2.20 297.00 last interlocal agreement; receipt and review revised interlocal agreement from Broward County Aviation Department; prepare comments JKW Draft petition for certiorari and 1 .50 202.50 -9- appendix, notice of related cases, certificate of interested persons, motion to assign to same panel 07/18/95 ERC Prepare outline of transaction 3. 10 418.50 assurance program for commission; prepare initial draft of interlocal agreement ERC Meeting with Mr. Flatley, Mr. 2 .50 337.50 Allen, Attorney Adler and Mr. Smith r JKW Proof petition #1451 for filing; 0.80 108.00 revise certificate of interested persons; notice of related case and - motion to assign same panel i 07/19/95 JKW Revise opinion; correspondence to 0.40 54.00 Ed Curtis and telephone conference with Earl Gallop ?� 07/20/95 BAC Receipt and review July 95 Harris 0.20 27.00 4,t Miller Miller & Hanson report and contours for use with interlocal agreement 07/25/95 JKW Telephone conference with Tony 0.10 13.50 Musto regarding non-final appeal 07/27/95 ERC Telephone conference with Attorney Walsh regarding decision not to file motion for rehearing r City of Dania Page 4 Hours Amount 07/27/95 ERC Telephone conference with Attorney 0. 10 13.50 Walsh JKW Correspondence to Ed Curtis and 0.50 67.50 Earl Gallop regarding motion for rehearing, telephone conference with Ed Curtis 08/02/95 ERC Telephone conference with Attorney . Lee; telephone conference with 0.40 54.00 jAttorney Bruschi ERC Telephone conference with Attorney 0.10 13.50 Lee 08/03/95 ERC Telephone conference with Attorney 0. 10 13.50 a Lee rc ?" JKW Telephone conference with Ed Curtis 0. 10 13.50 qqq� 08/04/95 ERC Telephone conference with Attorney 0. 10 13.50 McNierne y 10 08/08/95 BAC Review Motion to Assess; travel to 1.70 229.50 k, and attend hearing on Motion for Fees; office conference with k Attorney Gallop regarding same; telephone conference with ERC re: same ERC Telephone conference with BAC 0. 10 13.50 regarding hearing on Motion for Fees 08/10/95 BAC Office conference with ERC re: 0.20 27.00 Motion for Fees ERC Office conference with BAC re: 0.20 27.00 Motion for Fees k" City of Dania Page 5 e Hours Amount 08/11/95 ERC Commence review of interlocal 2 .10 283 .50 agreement; telephone conference with Mr. Smith; telephone conference with Mayor Hyde; a telephone conference with Attorney & ; Gallop 08/12/95 ERC Review revised interlocal agreement 1.60 216 .00 08/15/95 ERC Prepare and attend commission 1.80 243.00 meeting !` 08/18/95 ERC Revise interlocal agreement; 3.50 472.50 telephone conference with Attorney Adler; telephone conference with Mr. Smith; telephone conference with Attorney Lautenschlager ERC Telephone conference with Attorney 0. 10 13.50 cts. Adler 08/20/95 ERC Redraft interlocal agreement from 2.50 337.50 directions of commission workshop 06/21/95 BAC Telephone conference with ERC re: 0.10 13.50 agenda item re: DCA agreement ERC Conference with Attorney Adler and 4.10 553.50 ;- Mr. Smith; prepare redraft of interlocal agreement BCB Retrieve from Governmental Center 0.70 94.50 agenda items regarding August 15 r '3?„ .,, .• and August 22 county commission meetings 08/22/95 ERC Conference with Attorney Adler, Mr. 6.50 877.50 Smith and Mr. Spofford; redraft agreement; prepare overview for commission; conference with Attorney Gallop; attend Commission meeting i i City of Dania Page 6 Hours Amount O8/23/95 ERC Receipt and review minutes; prepare 1.40 189.00 "approved" interlocal agreement; prepare letter to Mr. Smith 08/24/95 BCB Office conference with ERC 0.10 13.50 t regarding imposing 57 .105 sanctions for injunction hearing; e.g. , + . "inconsistent positions" ERC Office conference with BB regarding 0.10 13.50 imposing 57.105 sanctions for injunction hearing; e.g. , "inconsistent positions" Current Hours and Fees 55.10 $7,438.50 DESCRIPTION OF COST ADVANCES 04/17/95 Clerk of the Circuit Court 50.00 u?«s Filing fees regarding appeal of the denial of the Motion for Temporary Injunction Clerk of the Circuit Court 250.00 Filing fees regarding appeal of the denial of the Motion for Temporary Injunction 04/21/95 I.M.S. Couriers 92.00 Delivery to County on 3/31/95 ( 6.00) ; Attorney , . 31 Walsh on 4/10/95 (40.50) ; Andy Schuster on 4/11/95 (22.50) ; County on 4/11/95 (6.00) ; Clerk of Court on 4/11/95 (6 .00) ; Judge Luzzo on 4/11/95 (2 .00) and Attorney Roulhac on 4/11/95 (9.00) I.M.S. Couriers 18.00 Delivery to County on 3/13/95 (9.00) and Judge Moriarty on 3/13/95 (9 . 00) t i t City of Dania Page 7 Amount 04/21/95 Long distance telephone charges for March 1995 9 .49 05/08/95 Disbursement to Westlaw 52 . 62 05/19/95 Disbursement to Fourth District Court of Appeal re: Peerless (Parcel 1450) 250. 00 C , s4 Disbursement to Fourth District Court of Appeal 250.00 re: McCoy (Parcel 1413) Disbursement to Fourth District Court of Appeal 250.00 re: S.F.U.R.D. (Parcel 1414) ? Disbursement to Fourth District Court of Appeal 250.00 re: Kurz (Parcel 1454) 06/01/95 Disbursement to Westlaw 3 71.87 06/15/95 Photocopy charges of Jane Walsh through 6/14/95 629 .25 Postage charges of Jane Walsh through 6/14/95 155 . 80 07/18/95 Photostating charges for the month of June through July 10, 1995 91.25 Postage charges for the month of June 1995 11 . 63 07/19/95 Long distance telephone charges for the month of May 1995 8.51 08/03/95 I .M.S. Couriers Delivery to Attorney Gallop in Miami on 7/11/95 36. 10 08/16/95 Disbursement to Westlaw 10. 37 08/23/95 I.M.S. Couriers Delivery to Attorney Kruesler-Walsh in West 31 .50 Palm Beach on 7/17/95 I.M.S. Couriers Delivery to Judge Luzzo at Broward County 19.90 Courthouse on 8/8/95 rm=ii City of Dania Page 8 Amount Courthouse Quickprint 37. 10 Enlargement of map for presentation at Commission meeting on 8/22/95 i Photostating charges for July 1995 45.00 Jack Besoner and Associates 242.50 Court reporting fees regarding deposition of William Allen on 3/9/95 Postage charges for the month of July 1995 2.20 j Current Cost Advances $2,865.09 Total Amount of Fees and Costs $10,303.59 Previous balance $21,222.08 TOTAL AMOUNT DUE $31,525. 67 j Yx" RECAPITULATION BY ATTORNEY/PARALEGAL User � . - Hours Rate Amount BAC-Barbara-135 2.40 135.00 $324.00 BCB-Bruce-135 0.80 135.00 $108.00 ERC-Edward-135 34.80 135 .00 $4,698.00 JKW-Jane-135 17. 10 135.00 $2,308.50 Please return one copy of invoice with payment. }i ql I:J City of Dania Page 9 Tax Identification Number 65-0136291. r, ",ems j ' MN , .r 4+ �qq 11 THE ARAGON GROUP,INC. P.O. BOX 1107 DANIA. FL 33004 TEL(305)927.4000 September 26, 1995 The Honorable Bill Hyde, Mayor and Members of the City Commission Dania City Hall r — '` , Dania, FL 33004 Dear Mayor Hyde and Members of the City Commission, I would like to thank the City for alerting us to the fact that the status of our SeaFair negotiations will be discussed at the regular meeting of the City Commission on Tuesday, September 26, 1995. I will not, however, be in attendance at the meeting because at the recent mediation session each of the participants —The Aragon Group, Inc., Florida Atlantic University and the City — agreed that further negotiations should be conducted through our respective legal counsel and I believe that this is the appropriate procedure for our negotiations. Although the attorneys were unable to meet last week because Mr. Karl Adler, the City's special counsel, was out of town, they have been in touch this week and I am hopeful that their efforts, together with counsel representing Florida Atlantic University, will be successful. Cordially, Stephen F. Snyder President SFS/eb cc: Karl Adler, Esq. Carla Coleman Don Hall, Esq. Charles Siemon, Esq. Mike Smith a • µriEw&f.. th'+• p: �j f I? k. Q:K L 1 i ` 1 r EVALUATION OF THE SEAFAIR SITE 2 FOR t . FLORIDA ATLANTIC UNIVERSITY BRANCH CAMPUS. - S January 1995 [A r , } i .�r.. PREPARED FOR The Board of Regents j PREPARED BY: t Williams, Hatfield & Stoner, Inc. 1901 S. Congress Avenue, Suite 150 ' Boynton Beach, Florida 33426 f In association with the following Subconsultants: Jones + Song, Architects and Planners SDM Consulting Engineers Deighan Appraisal Associates, Inc. Suboceanic Consultants Incorporated Professional Service Industries, Inc. ;± P wr 1. EXFCMVF SUMMARY Several field reviews were made to the site by the various members of the review/design team to evaluate the continued use of the building or to recommend its demolition and reconstruction. Generally speaking, it was determined that the existing SeaFair building could be renovated to meet current code requirements rather than demolishing the building and reconstructing a new building from the ground up. However, several deficiencies have been identified which are itemized below: The HVAC equipment has significantly deteriorated due to non-use and the corrosive environment. It is estimated that the systems have only about one third of their useful life remaining and, therefore, we recommend complete demolition of systems and e- replacement with new equipment more suited to a learning institution. The existing electrical system at the complex has both sufficient overall amperage z' capacity and a distribution network which merits its salvage and reuse. With the necessary modifications required to accommodate a new configuration for the complex, the existing electrical system has the capability of supporting the planned usage requirements. ' r A significant amount of the plumbing systems may be reused with modifications to comply with current codes and new occupancy. The fire protection system may be reused with minor refurbishment and re-deployment of heads. f Kitchen equipment should be carefully removed for salvage. Marina is functional with a minimum of electrical and plumbing refurbishment- . F� The wood framing members in which the fixed refurbishment- glazing was installed has deteriorated . t' g g g throughout the project The glazing materials themselves have also moved and in some @ cases have left openings at various locations. The metal flashing used at the glazing sills is showing signs of corrosion and, due to the general poor construction details of these materials, we feel that the fixed glazing and window improvements should be replaced throughout the project to insure waterproof building envelope. Severe corrosion, weathering and deterioration was noted in connection with all of the exterior wood and metal doors/frames which will need to be replaced. New hardware for these doors will also need to be provided. The exfiltration system for surface stormwater drainage needs to be thoroughly cleaned and vacuumed. 1/06/95 SEAFAIR 315&27..p ES - I ,SFr �n 4� ¶ I. EXECUTIVE SUMMARY (corninued) • Several areas were found to contain lead based paint or asbestos which needs to be removed entirely. • One of the more serious problems noted during our inspection was the generally poor and deteriorated condition of the 'keystone' topping material which was installed on the outside terraces,walkways and second floor balcony walks. There are several areas where the topping material has cracked or completely disintegrated and, from visual inspections,it does not appear that adequate bonding or water-proofing measures were used during the installation process. Due to the poor condition of these materials, cost prohibitiveness to perform repairs, and potential for substantial problems in the future, we are recommending that the topping and tile materials currently provided at the exterior terraces, walkways and elevated walks be removed and replaced with a new system. N ;- ' I Another problem with significant economic impact to the project relates to the poor and deteriorated condition of the sloped metal standing seam roof system. The weather elements (salt air) have caused significant, irreparable damage to these materials. Manufacturers of this system have indicated that replacement would be the most t prudent decision, with more weather-resistant materials such as galvalume. It should be noted that the marina is not included in the property description of the land leased by the Aragon Group,Inc.from the City of Dania. A title search was trade of the legal description provided which also indicates that the Aragon Group, Inc.'s interest does not include the marina. Additionally, the title search indicates that a majority of the large south parking lot is M1 owned by the Florida Department of Transportation (FDOT) and leased to the City of Dania. Under the leasing terms with FDOT(June 8, 1982 lease) there are prohibitions against sub-leasing. However, the City of Dania has granted an exclusive "J license/permit to use this land for parking purposes through the lease period. r �s 1106195 SE FAIR 3158-27.wp ES - 2 RYA Sr. iF 1. EXECUTIVE SUMMARY (continued) SUMMARY OF COSTS: Main Building Only Costs of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,205,545 Equipment Salvage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ <20.000> Net Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,185,545 All Buildings and Marina Costs of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,286,045 Equipment Salvage . . . . ... . . . . . . . . . . . . . . . . . .. . . ... . ....... —. . .—.-$ <20.000> Net Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,266,045 v�I 1 Iyi 1 J 1/06/95 SEAFAIR 315&27.wp ES - 3 EXHIBIT "B" - COST ESTIMATE SUMMARY SEAFAM DANIA.FLORIDA _. ESTIMATED': DESCRIPTIONY $77,200? � M v 10.000. •.� F LIFE SAFETY/PROPERTY FfIOTECTION/FlRE;CODES a' ' $0. ADA/HANDICAPPEDrACCESSIB 1 k .. .... "e.V.�i' ..s... t ...: .fin, ..,•I.va:a.M � 1 ... 2;:F7CTERIOFI,M;� ,...�,� .`',���: `s� zrzxa ,x• : ,s.. `,Y $4B9`800', ..... CONCREiFJMETACSIFOUGFT"CI RPENTRI7 xx :: $203 260 .: ..,.._ --:b=ROOFING/MOISTURECONTROLz .._ . ... . ,;CEXTEHfOR AL'�SJSOFFfTS'"� F' `"',$'' "`T"" Rw ":r `d�WINDOW5/GLAZING/DOORS# ` "' It ,' `' ' 6 APPUFITENANTSTAIlCTURESlAMENRIES rf tom` 4. ...,.,.,....., ,,., ....",., ....,.w., d.a.z.zzw„:w.,at„y.,,„�,y„-• # ,,s. ' .<.fi:�t�'{Jllll� • 4'CONTINGENCY{15%) ';�, _."'+>11, 1 IN'TETIIOR 2_EXTERIOR _ �. ,ar. $�, 3. CONTINGENCY(1546) PROJECTT01ALi' '$758;430 EXNISM S ,PAGE I OF I 4 ------------- rEXHIBIT "E"-COST ESTIMATE SUMMARY SEAFAIR DANIA, FLORIDA DESCRIPTION EST. COST CIVIL $206,655 VEGETATION CLEARING $1,000 TRAFFIC CHANNELIZATION $2,500 CONCRETE CURBING ' $5,200 SIGNAGE $3,000 CONCRETE SIDEWALK $15,000 , ".' HANDICAP RAMPS $4,500 11 PAVEMENT RESURFACING $22,000 PRECAST WHEEL STOPS $1,000 DRAINAGE SYSTEM VACUUMING $35,000 SEAWALL .REPAIRS: $40,500 DOCK REPAIRS ' $5,000 REMOVE EXIST. KEYSTONE COSTING $45,000 ,. CONTINGENCY (15$) $26,955 MEP $1,316,750 her HVAC $325,000 ELECTRICAL - 470 000 T. PLUMBING $ ,$250,000 FIRE PROTECTION $65,000 MARINA $35,000 ' CONTINGENCY (15$) $171,750 r ASBESTOS REMOVAL $4,210 TOTAL $1,527,615 � *ASSUMPTIONS 1. Toilet facilities are reused and expanded in the same location. 2. Reusability of selected existing components is credited in costs indicated. 3. HVAC system is demolished completely (excepting minor ventilation components and a new one installed. 4. Fire protection 'system is reused, refurbished and modified to suite new space layouts. S. Kitchen equipment salvage value predicated on suitable buyer found. —' EXmlBR''E',PAGE!OF! f i] SUGARMAN & SOS9❑I Ui L(�GCJUN DRIVe /�SURE 150 2-`L5I V I 66 MIRMI I IORIDR 33126 S. 21 Y2 5456 August 25, 1! Frank C. Adler, City Attorney City of Dania t i 100 W. Dania Beach Boulevard Dania, Florida 33004 Re: Dania police&Firefighters'Retirement System-Appointment of 9th Trustee Dear Frank: Our clients, the trustees of the City of Dania Police & Firefighters' Retirement System, ry received a letter dated July 14, 1995, from Acting City Clerk Marie Jabalee informing the Trustees that the Dania City Commission on July 1Ith had voted to refuse to appoint Eugene r Jewell, the person chosen by a majority of the members of the Board, as a member of the Retirement System's Board of Trustees. i' f The Board asked our legal opinion concerning whether the City Commission had the 1 discretion to decline to appoint the person chosen by the trustees as a member of the board. We opined to the Board of Trustees that the Dania City Commission did not have the discretion to deny the appointment of Mr. Jewell as the ninth member of the Retirement System Board of Trustees. Our opinion was based upon Section 18-46(1)(d) of the Dania Code which states, in mandatory terms, that the City Commission "shall"appoint the person selected by the other eight trustees to the Board. We opined to our client that Section 18-46(1)(d)makes clear that the City Commission has no discretion with regard to this appointment but must make the appointment"as a ministerial duty." A copy of our firm's file memorandum of law is enclosed for your review. The City Commission's action also could jeopardize the City's continued receipt of Chapter 175 and 185 tax rebates from the State of Florida. The Retirement System received a total of$101,409.66 this year and over the last five years has received over $542,000. Because Chapters 175 and 185 require that a trustee be selected by the remaining trustees and that a City abide by its own pension ordinance, the City Commission's refusal to follow the ordinance and appoint Mr. Jewell could jeopardize the continued receipt of these monies. The Board of Trustees considered the City Commission's action of July 1 Ith, acting City Clerk Jabalee's letter of July 14th, and our opinion at the Board's regular monthly meeting on August 16, 1995. The Trustees requested that the City Commission reconsider this matter and asked that this request be communicated to the City Commission through you, as City Attorney. 3;. i7'cSri=i:: SUGARMAN & S959 OW( IfIGOOLJ DflIVI �� AIIH 150 VVV 4'2121 MIW) FLOAIDA 33126 S-2566 A '-2122 August 25, 1S 5456 Frank C. Adler, City Attorney City of Dania G- 100 W. Dania Beach Boulevard Dania, Florida 33004 Re: Dania Po/ice&Firefighters Retirement System-Appointment of 91h Tnrstee Dear Frank Our clients, the trustees of the City of Dania Police & Firefighters' Retirement System, received a letter dated July 14, 1995, from Acting City Clerk Marie Jabalee informing the Trustees that the Dania City Commission on July I lth had voted to refuse to appoint Eugene Jewell, the person chosen by a majority of the members of the Board, as a member of the Retirement System's Board of Trustees. The Board asked our legal opinion concerning whether the City Commission had the rdiscretion to decline to appoint the person chosen by the trustees as a member of the board. We opined to the Board of Trustees that the Dania City Commission did not have the discretion to deny the appointment of Mr. Jewell as the ninth member of the Retirement System Board of Trustees. Our opinion was based upon Section 18-46(1)(d) of the Dania Code which states, in mandatory terms, that the City Commission "shall" appoint the person selected by the other eight trustees to the Board. We opined to our client that Section 18-46(I)(d) makes clear that the City Commission has no discretion with regard to this appointment but must make the appointment "as a ministerial duty." A copy of our firm's file memorandum of law is enclosed for your review. The City Commission's action also could jeopardize the City's continued receipt of Chapter 175 and 185 tax rebates from the State of Florida. The Retirement System received a total of$101,409.66 this year and over the last five years has received over $542,000. Because Chapters 175 and 185 require that a trustee be selected by the remaining trustees and that a City abide by its own pension ordinance, the City Commission's refusal to follow the ordinance and appoint Mr. Jewell could jeopardize the continued receipt of these monies. The Board of Trustees considered the City Commission's action of July 1 lth, acting City Clerk Jabalee's letter of July 14th, and our opinion at the Board's regular monthly meeting on August 16, 1995. The Trustees requested that the City Commission reconsider this matter and asked that this request be communicated to the City Commission through you, as City Attorney. 3 Frank C. Adler, City Attorney City of Dania August 25, 1995 Page 2 Frank, our legal research has not discovered any support, either in the Dania Code, the Florida Statutes or case law, for the City Commission's refusal to appoint the person selected by the other trustees as the ninth member of the board. If there is some support for your client's actions, please let us know. Otherwise, the Dania Police & Firefighters' Retirement System Board of Trustees requests that this matter again be placed on the agenda for reconsideration by the City Commission. The Trustees would appreciate a response to this request before their next meeting,which is scheduled for September 20th. Yours truly, BER T A. ARMAN RAS/jd Enclosure cc: Board of Trustees DIPPAPrrClyAty �r rsrcl: ^ t : 4't•r r. S i MEMORANDUM To Bob From David Re DNPF;appointment of ninth member of Board of Trustees You asked me to determine whether the City Commission's failure to approve the Retirement 4` Board's appointment of a new Trustee to the Dania Police and Fire Fighters Retirement Board constitutes a breach of a ministerial duty to act, redressable in a Florida court of law by Writ of Mandamus. As you anticipated, the Commission's duty to approve the Board's appointments is ministerial, and is thus enforceable by such a writ. Ministerial acts are those regarding which the body or official intended to act has no discretion. In Florida, a ministerial duty to act is enforceable by Writ of Mandamus; there is no separation of powers issue because the legal duty to act pre-exists the court order. Sandearen v State of Florida ex rel. Sarasota County Public Hospital Board, 397 So.2d 657 (Fla. 1981); State cx rel. Schweitzer v. Turner, 19 Sold 832 (Fla. 1945);BeckerCity of Miami Beach v State ex rel Epicure Inc., 4 So.2d 116 (Fla. 1941). r V., The language of the present ordinance clearly sets forth a ministerial,rather than a discretionary duty for the Dania City Commission to act. In Sandeercn supra, the court held that the following language in Section 394.76(9)Florida Statutes (1997), was sufficient to indicate a ministerial duty for f'.?* local governing bodies to match funds for mental health programs: "State funds for community mental health services shall be matched by local matching Jw funds on a three to one basis respectively. Governing bodies within a district shall be required to participate in the funding of mental health services under the jurisdiction of said governing body. The amount of the participation shall be at least that amount which, when added to other available local matching funds, is necessary to match state funds. The language in the Dania Ordinance is even stronger. In addition to the use of shall, as in Sande¢ren, the Dania Ordinance explicitly states that the City Commission's appointment of a trustee who has been elected by the Board shall be "as a ministerial duty." There is no doubt therefore, that the City Commission's refusal to appoint Mr. Jewell as the ninth member of the Board is a violation of a ministerial duty,which under Florida law,is redressable by writ of mandamus. J% MEMORANDUM - TO: MAYOR AND COMMISSIONERS FROM: MARIE JABALEE, FINANCE DIRECTOR/CITY CLERK i SUBJECT: BOARD APPOINTMENTS DATE: September 13, 1995 S Attached for your information is a list of board appointments that need to be made. n. r 1 n n•-moo.. _ ;t APPOINTMENTS NEEDED AIRPORT ADVISORY BOARD (2 year terms) I appointment needed Vice-Mayor Bertino: 1 appointment DANIA ECONOMI • DEVELOPMENT BOARD AND DOWNTOWN R D VFI OPMENT AGENCY (2 year terms) 2 appointments needed Mayor Hyde: 1 appointment Comm. Mikes: 1 appointment i HUMAN RELATIONS BOARD 42 year terms)1 appointment needed • I Comm. Mikes: 1 appointments u. On CUPATIONAL LICENSE REVI h!QQMMITTEE (2 year terms) 1 appointmened ed Comm. Mikes: 1 appointment PARKS AND RECR ATION ADVI ORY BOARD e r terms needed (2 y ) 1 appointments rR Comm. Mikes: 1 appointment I K?" i' UNSAFE STRUCTURES BOARD Q year terms) ;. Appointment of A Real Estate Appraiser to replace Keith Pfenninger. COMMUNITY 8EEAIRS ADVISORY BOARD (2 year terms 10 members) 4 appointments Vice Mayor Bertino: 1 appointments Commissioner Grace: 2 appointments Commissioner Mikes: 1 appointments 2 • 1 * CHARTER REVIEW BOARD (10 Member ) - 2 each commissioner (5 Appointments needed Commissioner Jones: 1 appointment Commissioner Mikes: 2 appointments Vice Mayor Bertino: 2 appointments BUDGET ADVISORY COMMITTEE -(5 Members) - 1 each commissioner (2 appointments needed Commissioner Mikes: 1 appointment Vice Mayor Bertino: 1 appointment If you are appointing a new member, please use the attached Board Appointment form and include a home and business phone number if possible. For your convenience, this form will be provided in your agenda backup for future appointments. Thank you for your assistance 3 +s . T Tn 4_ V .G. W Z y will -01 N W LL H y � v a � � o c ' 1 O >` c C 2 V O a aao.a ``. 0— a °- a�- � To 0 0 o v 'v 'v v v '� 'v c v � 'y 'v o ; E E E O W CO y Y �;x C° W a CO >. W v O O O V 17mo55S � l7 � mSl7 � 2m SUVU .Y 11 cz T T to Cl Ct Cl T VI to Cll T Cl T P N P ' �rX QQ�� w O� PP P PPP P OnP OnP PP LA H. i"���:^`• Q W � y •� � F O O O O O O O O O O O O O O O O O O O •+. a v, u� fn v, vi in in in in in in in in fn in in fn P P P P P P P P P P P P P P P P P \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ j W W P m P P M M P P P M P P P P O O O LL Q l 1 ul l\ll N t!1 N l\A N l 1 t(1 l\ll N u\1 N � O m O _f O O & a93 0 W N W Q � O O IL W i pCQ p o c -22 e > a c m 1:3 aO m 75 vDY DancuO m $ Sc0o ^>1c vmL O Q Z wm o N m V m nP — — — — — ui Kam m 5.r i Y 0 W Z m y Q {L L f E Z w w O O N ` C C x Y OD wo i• w w m m `w `w `w `w `w u .: w w .: di . _ O O O 0 0 N O O W qa w W q a. qQ W _ 5 W w y o o E E E E E E o E o o E E > > w w E E E E E E a E a a E E a v vOuuuu wu° wwv° u° w 44 P P PPP o N o P a t v P �qcUA \ vv avv PPPdP P N N N N N N d �-�o O v m W O 4 t� P P P P P N P P\ \ \ \ \ \ \ \ \ \ \ m m m m m _ M M t- a� o0 000 00000 � 00 4'^ w � y CL M w IL 4 Q P P P P P P P P P P P P aLO W F 00 000 N N N $j NN N o c E U- U) \ t o m o a. ui w to ui m v o v a a Q O _ ti W p F C mm m e V 2 vTT '° =o '9 0 •0 2 Q u0 �dcc � o`oZcc � u > v � � � sc � (Ma 3 3 m 3 Q LW„ w � � E 6 .2 m Z a � » m° 2m°O » > v 2 � w — > 0 :3 �+ OQ Q m �c 09 ,2zI ' � rvM4 �n 16 is wo k li _.nimvin.'ohm m 0 ik.C'✓'_SO I iUV J �T uj w C7 0 cn fn C L Q 1 LL w u C E Y_ ,7; E c w c a 2 0 9 a.\ OCL\ \ N N (� N N O. w >,9wwooe1° � oo � 2 2,m m m -� H O E o u ZOO ° q�� fn N 1Il Vl O' R T P lh P N to N l!1 IA II1 lit N P P P P P P d = P P P }f W .p d p P /�l N N N P N m N N n M Ifl lIl tll r.. q�� CC - m o o In v v — o m — m m P �lkz ZOE Ll1 m m m 1(l l� 1� to Ln P P P P P P P P P - � � mv�iomm � � mm n � 1. Innnin In 1. in n � .o q d' � � � � � � � � � h MMMMMMMMM2 MM2 w uY — N — m m P P � m m m m m m m m m m m m m 0 0 0 0 (� V 6 a p j Q N N N 111 O' ? V N Vl t� to IA to to to In to to Ln P P P P P P P P P P P P P P P P P O N \ \ \ \ \ \ W < m O m N N m m 0 m N m M m N m P P U i cmn\1 M P \ •0 l! N t 1 l\Il l\!1 t\Il o 0 0 0 0 0 0 v CD Pil LL P F Q ` J O N c p Q w h o w _ — C1 W C O z3 w O O v E O O Q W d m m C W o U C CO v.� D W h v > > 7 C 7 m '�-' c w O N M LE W w v -�:717m� y E O u E Q p.�.c o Om `mv �ae€m mLL mau D wwc u� � �C vry myo J 2� rnovE � � '� 5 " whom m j a Fc > w > > m > � 5 E �v � � a m3p Sc _ �5^ Zi (.i O W Z y N Q v P LL w LL E c v ti N O t cC w qa E j N a s ¢ o L CL c a C cam, CL 0 qa o qa s Zi g •ai a7 °' •°' E w E u' E .v . Qq j U. l7 m m Vw V t7 PN v1 P N � ul �QlV � P OOG� w n P P �,, R' din uPi m P � � f �- P P P P P P a �9�1 �` � .Onnn utn ut n V1 tft .O n .CN md' N UI UI � n W mm mm mmm O O o 0 0 0 0 j �' C. Ul In N ul N m 'C lI1 Ill ? N m t(1 N N Ul Vl lfl N . • Q P P P P P P P P P P P P P P P P P P P - •T,, P 0 U1 N n to of 0 0 0 0 0 U1 V\ O 0 0 0 0 0 0 0 0 0 - - o - o 0 0 0 0 Q O V ui a u C o w 0 m 3 2 Om-- o O € € v $yyv W C l^ N FuF FL vl Q 0 v W m T E, IcaC O c N m Q O c - m N w 4i V Z O dt Q. Jv O t�c � w g — o�°` ws p m Q c° m c av YW N j cV w c c c c �m w t ^.0 c [ v =$� uDO c c in o Z oL Eac wOm pvui .off mP = _ rrvma �n Z 2_i�mv�n .on r r== l 0 W Z m v LL LL FQ- C fA p o. Qaa.. o. au C' CLaaaaa aUA a �'an C u C C W N W N w w C N N w w C �0 c C C N C C D D D y y D D C W N V V yy V l'1 m l7 M. m = 2 2T� S S''m°1 $ l� l7 m Zq1� q'<� 3t vl Vt vt vl t!1 Vt T T T P P Ul ttl Vl l!1 Vl P vl 111 L!1 Vl W P P P P P P d O�q M M P O P P P P P P P .b .b .o .b Ji .o Vt 111 llt - NN ct m ,b sbmo C% C% o5 GC .o .o •o .o � .on � �. - - - - � Ix CL 1 � M V I a N VI lf1 l!1 ll1 lf1 l!1 ll1 ll1 t(1 U1 Ifl Ul N t(1 111 ll1 lfl V) 111 IA 111 tW.h Q P P P P P P O O O P P P P P P P P P P P P P � LO \ \ \ \ \ \ \ \ \ \ \ \ P P M P P P P m P W N \ \ \ \ \ ui vi �n vi �n in �n �n ins mm �n �nvi �nto to 0 0 0 0 0 O 0 o 0 o 0 a 0 0 i 'Sic CD LL O E LU LLI O Q � V S 3 r ` cw c v o 0L $ CS 0 c W Y y a 3 p m LL m D w n 2°w � aa 0n �0n g =Z Zwcc o � zi o=v= v ou � = uku w am° o — m .`t s: 1 1:1 lr� yb +�dF w W Z to a ¢ Cv LL E va LL z -- 1 C- ' v v o. o i V F 1A a a Q �j T as a °.Qaag °. gn. a a am aa�, c c w w �, .v •v 'w •�., .v °c - E E aDi E E w 6 Ul W •- .- V V CI 01 V N Ul c c C r ti ti Y_ D Y_ E Y a e c E E G E E U m m l7 l7 2T2 l7 2�'m C U U w U U �d i 4 44 vl ut t(1 P vt vt V1 ul vt N Vl V1 vl VI Vl V1 t!1 t!1 mmc� d� m 4,� a ddcb 0 dd codd k4. ` � $- n n nn .� .o uinn .o ,o ,on nn n nn nnn P P P P P P P P P P P P P P P P P P P P P \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ t 4 W m m m m m m m m m m mmmmm m m m m m �n Q< a LO Q P P P P P P P P P P P P P P P P P P P P W P P r+1 P P m P P P P P P P P P n P P N O o 0 0 0 0 0 0 0 0 0 0 0 0 0 � o 0 0 0 0 0 40 h r O LL O Q N Q N W m Q 0 m WCL m W ` Z h m N o O 0 EPZ we _ °; - a m O t0 W mm � � l7 ELy L LLi oe0 Oo = � m u. � � w D m m' l) L e o $ oo w � — a O W LL 4i W C C ;0 � Z U O C C L W C m Q W v U t u c s °� 2 L y v n rn u Q Q a I-E-- => o S f 4 0 U m w m '� 5 M �N F;F9 y -rrvmv G,o m 17 ' n i W Z N w C v R LL w V aaILI It c a E v w w E 6 u s, g CL v a{; c �- o c a a g, ILI w w "' .rn c 0 E -75 w J u C N Lam' ae (b V � � O K wl7 Yy n. KluU 0ST l7mf N P ul P � P N XI vl Vl IXI Vl ' 4 P n W. n nnulN Vl cbm P nPn n iY P P P P P S 11F � � n n n co � In In Ih ll1 m n n � n u1 q W m m m MM (NI IN) N In In mmm mm - . Ck H 000 0 o m 0 0 0 00 0 0 0 0 0 I' a. In In In an m In In In In In In M II M M ; N N N P d P l l u\1 Il m O P m t� \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ M m m I/1 O V1 N N N D Ul I/1 m P O O 0 0 0 0 0 O O y 4' - o 4 Q a � � W �' fA v a a- w m 7 w. u � w c Lij v w LE W Q O G 0 0 oic <Y J - 4 o 9 w C o c - w v w v C w Q O a C o w J o - `v rnw w o m al v ova mE . = a �i Q Z W u � omtia 4 z 2wO E w LwLL m �ocm m I-' =a Z EZVLL2In > m 1.1 In2w 0 Z. 2 n 00 P J N M V' IA s n Ql P Q `N fC1 O' V GI . . .:. ------��— . . q 2 § § � . to § k $k4LU . L4 \ , \ � o/ § \ [ N § t Ck . \ \ -) - { .0 \ e \ \ \ § \ ( 6 m > / \ k § % m § t) ! § ' b § f $ ) \ w u ( /) R k ( ( ° ( ` ( ( ` . ` © ` � � � ` {{ L,4 Ra £ § \%* & $mu8)\ m 8\6 » a \(§ {f< %k\)f� { E \ U. ) al )( / // \( § ( %u z `\. . � . 11Y. 'd1� J ) RW !i %V<)' � �, �.,� �, Cm»muniky ODYetoptatont L/ivlalon A'. _02 115 S.Md•ovr.A•danuu.Roan 316 0 r Fort Lcudordale.R 33301 ..L BROWAR�D COUNTY (3oti)357-6700 September 11, 1995 Dear Mayor: Please be advised that the annual election meeting for the municipal representatives to the Committee For Community � . Development (CCD) has been scheduled as follows: Thursday. October 26, 1995 V 3:00 P.M. :? Rroward County Governmental Center ?4•' 115 South Andrews Avenue, Room 301 - Fort Lauderdale, FL 33301 It is requested that the City appoint a municipal representative by �• i resolution to serve as a delegate to the election meeting. Due to _ a recent opinion from the County Attorney's office, the City will also need to make a determination as to whether or not the individual appointment would create a Conflict of Interest pursuant to Section 112.313 (12) , Florida Statutes. A Conflict of Interest would be created if the appointee is a City employee, appointed . official or elected official; and the City intends to submit an application for funding to be reviewed by the Committee for Community Development. To ameliorate this situation, the City Commission is required to pass a motion by two-thirds majority waiving the Conflict of Interest. At the Committee for Community Development elections meeting, the delegation will nominate and elect seven (7) regular members and three (3) alternate members to represent the cities on the to municipal segment of the CCD, an advisory body to the Board of "4•-; County Commissioners on U.S. Department of Housing and Urban Development funding allocation activities. Please complete and submit the following by October 24, 1995: _ 1. The attached "Election Meeting" form regarding your y r appointee; _ .. 2. The resolution of appointment; and, 3 . Documentation regarding your Conflict of Interest motion, if necessary, per the above-cited discussion. BROWAPO COUNTY UOARD OF COUNTY COMMM90NIPS-M kqU OppoTmCy Rarpbyv tans Provkn at Reavbef ;A;ra111.Cawvn wamne N.GwpurDE, ban P.Nat ta>.INM>L Pa SYN POITIa Jdn E.N!)QYab(ll.li. GWdO 1,Itgmp[g,.. We n 6UNOA19 A ruA rw Your ANWV.AOW V~Deelnra SEP-15-1995 14:29 1 305 922 8316 P•92 2 s,•p. 1 ,, . )�, n:+ : :a nip >.n vnv arnur September 11, 1995 Page 2. It you have any questions, please con[_acL Suzanne R. Fejec, Program and Economic Development Manager, at 357-6725. Sincerely, t Ray Lubomaki, Acting Director C 1 Community Development Division Attachment RL:SRP:s (l.elect) i Y: (tI ^F F w� .I SEP-15-1995 14:30 1 305 922 0316 P•03 1 1 _ ::5 r r COMMTR'TEE FOR COMMUNITY DEVELOPMENT ELECTION MEETING The City of ., will be represented by—__ (Name) _ at the election meeting for (Title) - Lhe Committee for Community Development scheduled for: Thursday, October 26, 1995 at 3 :00 PM Governmental Center, Room 301 - - 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Sincerely, ------------------------------ (Name) r: 11 F: ________ __ ________________ (Title) p:. -------------------------- --------------------- 1•��k P7,EA$E DRZNG TFIYS FORM TO THE F.LBCTION MEETING - r Representative Name Mailing Address _______________________________________________ Business Telephone SEP-15-1995 14:30 1 30S 922 0316 P•04 Y O D 0 0 0 0 National 1301 Pennsylvania Avenue N.W. Officer s League Washington,D.C. Officers cyn:rm;rt _ of 20004 Cities (202)626-3000 Fax:(202)626-3043 G,e s.LaaaN August 18, 1995 W .cok Se viov Pd Clenoe E H MEMORANDUM 'F We. M eP,s+oax Shinn e Jnve To: City Clerks of Direct Member Cities M"''N .1`"""JWS" y. oauu J.e a1'� } From: Donald J. Borut, Executive Direclror � flyt i Subject: Voting and Alternate Votine Delegates, Annual Congress of Cities, November 29 - December 2. 1995, Phoenix, Arizona ' DUE OCTOBER 6, 1995 The National League of Cities' Annual Business Meeting will be held Saturday, December 2, 1995 at the Congress of Cities in Phoenix, Arizona. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be elieible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Committee. NLC's Bvlaws expressly prohibit voting by proxy. Thus, the designated voting t: delegates must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with proposed National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 6, 1995. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state n municipal league, please forward the BLUE copy of the credential form to your state league office and keep the WHITE copy for your records. A list of the state leagues is enclosed. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020. Pew PreNJwrae:Fed H.d N M.M.Small N..k N Cuomo•Oier,aa E HOW.M.yar,Oana.Rona•Gery ReYnolea,CaundMomen w'LWge,130 nne-C WaCa ucy •Oldetod: L T.AIMn.Lt,LaMh M..i1o,,Camera.Karen Ane .m. .AareeyKea.mnneem.•clatw,ae E An 1.Maym,Saum B.Y.%na•Mn Atari,Marx,Fort Clam, Cobr.0o•Loco P.lid ch t Br.Cmmlmw.Yourp un n.ONa•0p Bpninghin im,Fje DIr.Ww.Ua d CaHWda 10 s •Len BILN",CaumanemWr.MWuaa.Cakic .- Bal.L BMn4nshlp,Gp Ca Pnnxlem.&rm,ghun.AMhem.•John W.BVK.CoundMemwr,CheeepeOC Vng W •can Cleeaw,,E.e Doiam.WYor*v Auoamn of MunoP We.•Lr R.GNR Wyw.Amee.low.•Jonn Vining,Commnsmx.swN Unsu•Wn P.DuPont.Mayor,Tuenloou.Al.hema•RIM.d J.HUF M.yw.Trolwooe,Ohio- J.mee G H t CaWM .cwn nu.Wwt Vkp,ys•at E Jeeny,E.ecv D W.Vermont League o1 Cim ante Towns•We11w F.KMIy.Tewn Gwndl Pnw W .Rsmrs. Inoam•Ilene LNeermn,WM.tauoemil.FbMa•ey10a L Lovely,ej. Olrwtor,Henlmky U"d Ginn•Maryann M ayhy.City Cmndl Pmeldid.Deodl.MltlYgp L],Ketopw K.MCNwoie.E.eGrene Denim.Upw d K.r.Munap ,•n.M.Mw,lne,Mayan.B iinn,Musad,uum.War 0.New,Meyer Pm Tem.Oak Wage.Tenmeeee D.rM W.Ilaon,WyW.Buumonl.T..0.Tlpmu F.Monlek Jr..CmrcwHmw.Av W.Amom•Ka"" 11l Maya,bar,Mums.Teue•K.itKyn N-W4 Mawr.Puaana. Udnnva•Je P.!*e M,,nw.F.inl .Alu.ma•Mkiuel J.Minn,Exe Din om Inean.Aepciaeon w Cl ai,a Towne•eamtyn l4Ko.Couno4nemWr.Tuacir,Cah W •Bill Rewll.Wyor.Dyenix .Terwuee•Ail M IL esrrJw.Counol Me mew.Pm Huron,Mkhp.n•Alke eMMnaer.Mayan.lake Onvpo.Oregon.Wl„aten S.Ww,M. Pm Tem,Rock H.I.S Cudma•Joeph F.Mnal.wla,Msym.U Park IKroe•Jeseph&S.L Easonn,Dinio&.Tenn"y Muddpw Vague•Nation S.Taeao,Com=hmnan,Philail."is. PerN.yNan.•Iaaa W.W 1 Cmmlmemhw,D.IW.Te.0•Thomas L Werth.Maya.1 o 510r.MKl,pan•Mn Zlmnwnw,,E non ve Grecw,AMNW Municipal Legate Recydep P.pw f� i Y �Yr 1 5 U;a <2 a NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each t member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: CITYg ION (*per 1990 census) 74votes ER OF VOTES' Unde 50,00 s 100,0 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes t` 400,000 - 499,999 10 votes { 500,000 - 599.000 12 votes , M 600,000 - 699'000 14 votes > 700,000 - 799,000 16 votes 800,000 - 899,000 IS votes 900,000 and above 20 votes i Note: Member cities are required by the Bylaws to cast unanimous votes. NATIONAL LEAGUE OF CITIES s ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities .' Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: CITY POPULATION (*per 1990 census) NUMBER OF.VOTES Under 50,000 1 vote y; 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,000 12 votes 600,000 - 699,000 14 votes 700,000 - 799,000 16 votes 800,000 - 899,000 18 votes t 900.000 and above 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. d.y$ F 1s> SUGARMAN & SUSSKIND PROFESSIONAL RssocnTION A"ORNEYS AT LAW SG50 BLUE LAGOON DRIVE (305)264-41 PI SURE 150 BAOWARD 763-2566 MAW.FLORIDA 33126 1-800-329-21 YE FAX(305)264-5456 August 25, 1995 -C.` Frank C. Adler, City Attorney City of Dania 11 100 W. Dania Beach Boulevard Dania, Florida 33004 F Re: Dania Police&Firefighters'Retirement System-Appointment of 91h Trustee Dear Frank: Our clients, the trustees of the City of Dania police & Firefighters' Retirement System, received a letter dated July 14, 1995, from Acting City Clerk Marie Jabalee informing the Trustees that the Dania City Commission on July I ith had voted to refuse to appoint Eugene Jewell, the person chosen by a majority of the members of the Board, as a member of the ( Retirement System's Board of Trustees. The Board asked our legal opinion concerning whether the City Commission had the ( 1 - discretion to decline to appoint the person chosen by the trustees as a member of the board. We opined to the Board of Trustees that the Dania City Commission did not have the discretion to lfy ' deny the appointment of Mr. Jewell as the ninth member of the Retirement System Board of Trustees. Our opinion was based upon Section 18-46(1)(d) of the Dania Code which states, in mandatory terms, that the City Commission "shall"appoint the person selected by the other eight x , trustees to the Board. We opined to our client that Section 18-46(1)(d) makes clear that the City Commission has no discretion with regard to this appointment but must make the appointment"as a ministerial duty." A copy of our firm's file memorandum of law is enclosed for your review. a The City Commission's action also could jeopardize the City's continued receipt of "j" Chapter 175 and 185 tax rebates from the State of Florida. The Retirement System received a -- -- total of$101,409,66 this year and over the last five years has received over $542,000. Because Chapters 175 and 185 require that a trustee be selected by the remaining trustees and that a City abide by its own pension ordinance, the City Commission's refusal to follow the ordinance and appoint Mr. Jewell could jeopardize the continued receipt of these monies. The Board of Trustees considered the City Commission's action of July 11th, acting City Clerk Jabalee's letter of July 14th, and our opinion at the Board's regular monthly meeting on August 16, 1995. The Trustees requested that the City Commission reconsider this matter and asked that this request be communicated to the City Commission through you, as City Attorney. Frank C. Adler, City Attorney City of Dania August 25, 1995 Page 2 Frank, our legal research has not discovered any support, either in the Dania Code, the Florida Statutes or case law, for the City Commission's refusal to appoint the person selected by the other trustees as the ninth member of the board. If there is some support for your client's actions, please let us know. Otherwise, the Dania Police & Firefighters' Retirement System Board of Trustees requests that this matter again be placed on the agenda for reconsideration by the City Commission. The Trustees would appreciate a response to this request before their next meeting,which is scheduled for September 20th. Yours truly, *BER A. ARMAN RASld Enclosure cc: Board of Trustees i • DNPF APPrCtY.ALY .. .. a n� i I 5 Y IAW H MEMORANDUM s To Bob From David Re DNPF;appointment of ninth member of Board of Trustees You asked me to determine whether the City Commission's failure to approve the Retirement Board's appointment of a new Trustee to the Dania Police and Fire Fighters Retirement Board constitutes a breach of a ministerial duty to act, redressable in a Florida court of law by Writ of Mandamus. As you anticipated, the Commission's duty to approve the Board's appointments is ministerial,and is thus enforceable by such a writ. Ministerial acts are those regarding which the body or official intended to act has no discretion. In Florida, a ministerial duty to act is enforceable by Writ of Mandamus; there is no separation of powers issue because the legal duty to act pre-exists the court order. Sandertren v. State of Florida ex rel. Sarasota County Public Hospital Board, 397 So.2d 657 (Fla 1981); State ex rel. Schweitzer v Turner 19 So.2d 832 (Fla. 1945); BeckerCity of Miami Beach v State ex rel. Epicure Inc 4 So.2d 116(Fla. 1941). The language of the present ordinance clearly sets forth a ministerial,rather than a discretionary duty for the Dania City Commission to act. In Sande supra, the court held that the following language in Section 394.76(9)Florida Statutes (1997), was sufficient to indicate a ministerial duty for 2 local governing bodies to match funds for mental health programs: n. "State funds for community mental health services shall be matched by local matching r; funds on a three to one basis respectively. Governing bodies within a district shall be required to participate in the funding of mental health services under the jurisdiction of " said governing body. The amount of the participation shall be at least that amount which,when added to other available local matching funds, is necessary to match state funds. The language in the Dania Ordinance is even stronger. In addition to the use of shall, as in Sande,sneer the Dania Ordinance explicitly states that the City Commission's appointment of a trustee who has been elected by the Board shall be "as a ministerial duty." There is no doubt therefore, that the City Commission's refusal to appoint Mr. Jewell as the ninth member of the Board is a violation of a ministerial duty,which under Florida law,is redressable by writ of mandamus. 2 rk h �;li f a 6.y M �t F •'1y M N _ N s These images were produced in the normal course of business by: i The Microfilm Depot /Advanced Imaging Solutions 1213 South 30 Avenue, Hollywood, FL. 33020 Brow: (305) 927-4404 Dade: (305) 625-0509 r i