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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 12, 1985
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INVOCATION - JEAN COOK
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PLEDGE OF ALLEGIANCE
ROLL CALL - !
Present
Mayor: Chester A. Byrd
Vice-Mayor: John Bertino
Commissioners: James Adams
I Jean Cook
Robert Donly
City Attorney: Frank Adler
City Manager: Richard Marant
City Clerk: Wanda Mullikin
Police Chief: Rudolf Rigo
Building Official : Richard Gloss
1 . CONSENT AGENDA
Minutes
1 . 1 Regular meeting , January 22 , 1985 �«
1 . 2 Bills for November, 1984
Ordinances (First Reading)
1 . 3 (PL-04-85; for property located South of the entrance to
Ft. Lauderdale-Hollywood airport between FEC Railroad
tracks and U.S . #1 )
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE PLAT OF "FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL
AIRPORT SECOND ADDITION" , SAME BEING THAT PORTION
OF SOUTH 210 .00 FEET OF THE SE 1/4 OF THE, SW 1/4 OF THE NEE
1/4 OF SECTION 27, TOWNSHIP 50 SOUTH, RANGE 42. EAST,
LYING WEST OF THE WEST RIGHT OF WAY LINE OF U.S . HIGHWAY
NO. 1 AND LYING EAST OF THE EAST RIGHT OF WAY LINE OF
OLD DIXIE HIGHWAY; AND THAT PORTION OF THE NORTH 192 .00
FEET OF THE NW 1/4 OF THE. SE 1/4 OF SAID SECTION 27 ,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF THE WEST
RIGHT OF WAY LINE OF SAID U.S . HIGHWAY NO. 1 AND LYING
EAST OF THE EAST RIGHT OF WAY LINE OF SAID OLD DIXIE
HIGHWAY; TOGETHER WITH ALL RIGHTS, TITLE AND INTEREST,
IF ANY, IN AND TO ANY ADJACENT PUBLIC OR PRIVATE RIGHTS
OF WAY OR VACATED RIGHTS OF WAY; SAID LAND SITUATE IN
BROWARD COUNTY, FLORIDA, CONTAINING 1 .43 ACRES , (62,308
SQUARE FEET) , MORE OR LESS; AND ACCEPTING THE DEDICATION
FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS , AS
SHOWN ON SAID PLAT OF "FORT LAUDERDALE - HOLLYWOOD
INTERNATIONAL AIRPORT SECOND ADDITION" ; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE was read for first
reading by Mayor Byrd.
A motion was made by Commissioner Donl y, seconded by
Commissioner Cook to approve the consent agenda . The motion
passed on the following roll call vote: I
Commissioner Adams-yes Vice-Mayor Bertino-yes J
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes ��
Soy Regular Meeting 1 February 12 , 1985
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(At this point , Agenda Item 10 .1 was addressed. )
2 . RESOLUTIONS
2 . 1 The title of A RESOLUTION OF THE CITY OF DANIA, FLORIDA, !
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF HOLLYWOOD, THE CITY OF
FORT LAUDERDALE, THE CITY OF DANIA AND THE PORT
EVERGLADES AUTHORITY PROVIDING FOR UNIFORM REGULATIONS j
FOR ZONING, CONSTRUCTION AND OTHER MATTERS IN AND ABOUT I
THE PORT EVERGLADES AREA; AND PROVIDING FOR AN EFFECTIVE
DATE was read by Mayor Byrd .
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A motion was made by Commissioner Cook, seconded by
Vice-Mayor Bertino to adopt the resolution authorizing
the execution of the City of Hollywood, City of Fort
Lauderdale, City of Dania and Port Everglades Authority
Port Everglades Area Agreement . The motion passed
unanimously.
2. 2 The title of A RESOLUTION DESIGNATING INSPECTORS AND
CLERKS TO SERVE AS OFFICERS IN THE GENERAL ELECTION OF
THE CITY OF DANIA, FLORIDA TO BE HELD ON TUESDAY, THE
12TH DAY OF MARCH A.D. , 1985 was read by Mayor Byrd.
A motion was made by Commissioner Donly, seconded by
Commissioner Adams to adopt the resolution designating
inspectors and clerks to serve as officers in the March
12th General Election. The motion passed unanimously.
<-� 3 . BIDS
3 . 1 Recommendation on bids regarding the Water System
Improvements/ U.S . 1 Utilities Relocation; per review by
City Staff . ( CONTINUED FROM JANUARY 22 , 1985 MEETING)
City Manager Marant explained that the delay in awarding
the bid is due to the lack of the Department of
Environmental Regulation permits .
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A motion was made by Commissioner Donly, seconded by
Vice-Mayor Bertino to award the bid for the Water System
Improvements/ U.S. 1 Utilities Relocation to Gateway
Construction in the amount of $182 ,850 .00 , predicated on
the receipt of the permitting from the Department of
Environmental Regulation and any other permits required.
The motion passed unanimously. ** (see City Manager' s
Report , agenda item 11 . 1 for clarification of motion. )
3 .2 Permission to bid on water line on Alleyway South of NE
lst St . replacing 2" water line with a 6" water line.
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A motion was made by Vice-Mayor Bertino, seconded by
jCommissioner Adams to authorize Administration to go to
bid on a water line replacement project on the Alleyway
South of NE 1st Street . The motion passed unanimously.
4 . PUBLIC HEARINGS (Second and Final Reading)
4 .1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING
GUIDELINES FOR THE OPERATION OF OFF-ROAD VEHICLES,
MOTORCYCLES , ALL TERRAIN VEHICLES , OFF-ROAD, OWNER,
TRAILER AND SWAMP BUGGIES; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE was read for second and final reading by
Mayor Byrd .
Regular Meeting 2 February 12 , 1985
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City Attorney Adler advised that, since this ordinance
was patterned after that of Pembroke Pines , an amendment
is needed to delete the language contained in Section 1 ,
Scope referring to the Hollywood Sportatorium.
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to delete the language of the
ordinance contained in Section 1 , Scope referring to the
Hollywood Sportatorium. The motion passed unanimously. '
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Mayor Byrd opened the public hearing. Hearing no one
speak in favor or opposition, the Mayor closed the
public hearing.
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Adams to adopt the ordinance as amended on
second and final reading. The motion passed on the
following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
j Variances
4 .2 PZ-01-85 , T.C. Callahan, Royal Palm Vista Subdivision;
526 NE 2nd Place . (Continued from 1/8/85)
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A.J. Ryan, Attorney representing Tom Callahan, stepped
forward to explain the two-part variance request to
allow the construction of a single-family residence on a
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lot of insufficient width and a 7 ' interior side setback
in lieu of the required 10 feet .
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Kenneth M. Meyer, Attorney representing Barbara Howard 7r
and other adjacent property owners, spoke in opposition
to the variance regarding the setback requirements due
to the lack of an undue hardship shown, pointing out
1 that the Planning and Zoning Board recommended that this
request be denied.
Mayor Byrd opened the public hearing. Hearing Bob Mikes
and an adjacent property owner comment in opposition and
m4P Bill Brook comment in favor, the Mayor closed the public
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hearing.
Vice-Mayor Bertino suggested a possible compromise by
leaving the west side setback at 10 ' and making the east
side (street side) setback 12 ' instead of 15 ' . A.J.
Ryan, representing the petitioner, then amended the
variance petition to request that the variance be
granted on the East streetside setback from a 15 '
minimum to a 12' minimum, leaving the West side setback
the required 10 ' . Mr. Meyer again commented in
opposition .
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A motion was made by Commissioner Donly, seconded by
Vice-Mayor Bertino to grant approval of the amended 1
variance request by T.C. Callahan. The motion passed on
the following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
4 .3 VA-02-85 , Development Corp. of America, property located
at the S.W. corner of Griffin Road and I-95 . (Continued
from 1/8/85)
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Regular Meeting 3 February 12 , 1985
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Ed Rowland, representingthe
petitioner, stepped forward I to request a variance to allow the replacement of an
existing sign.
Mayor Byrd opened the public hearing. Hearing comments
in opposition, the Mayor closed the public hearing.
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A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Donly to deny the variance request by l
Development Corp. of America . The motion to deny passed
i on the following roll call vote:
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Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
4 .4 VA-03-83, Walter B. Duke , Jr. , For property located at
the
Stirling
HILL" . Quadrant((To be withdrawn bydPetitionersorequest)GLAS
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A motion was made by Commissioner Donly, seconded by
j Vice-Mayor Bertino to withdraw variance request VA-03-83
at Walter B. Duke, Jr. ' s request . The motion passed
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unanimously.
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4 .5 VA-05-85 , Pag Brothers Builders , for property located at
SW Park Street and SW 1st Avenue .
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Jim Pagliarulo stepped forward to request a variance to
reduce the parking requirements from 148 spaces to 37 f
spaces due to the nature of use as a retirement home.
The Planning and Zoning Board recommended approval of
the request .
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Mayor Byrd opened the public hearing. Hearing Gloria
Madden speak in opposition, the Mayor closed the public
j hearing.
Commissioner Cook stated for the record that she has a
financial interest in this item.
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Adams to grant approval of the variance
request by Pag Brothers Builders, with the stipulation
that this variance be in effect only as long as the
property remains a retirement home. The motion passed
on the following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-abstain Mayor Byrd-yes
Commissioner Donly-yes
4 .6 VA-06-85 , Jerrys Sub Factory, property located at 320
South Federal Highway.
The petitioner or representative was not present at the
meeting.
A motion was made by Commissioner Donly, seconded by
Vice-Mayor Bertino to deny the variance request by
Jerrys Sub Factory to erect a second pole sign. The
jj motion to deny passed on the following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes ,
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
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Regular Meeting 4
February 12, 1985
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Special Exception
4 .7 SE-07-85 , Mark A. Gross; Dania Heights Extension,
property located at 550 S . Federal Highway.
The Planning and Zoning Board recommended that this item
be continued until after its next meeting.
A motion was made by Commissioner Donly, seconded by
Commissioner Adams to continue the Special Exception
request until the next regular Commission meeting after
the next Planning and Zoning Board meeting . The motion
passed unanimously.
5 . SITE PLANS
5 .1 SP-01-85; Pag Brothers Builders for property located on
SW Park St . and SW 1st Ave.
Commissioner Cook stated for the record that she has a
financial interest in this item.
j Jim Pag stepped forward and requested site plan approval
for the construction of a new retirement center. The
Planning and Zoning Board recommended approval of this
item.
A motion was made by Commissioner Donly, seconded by
Commissioner Adams to grant site plan approval to Pag
' Brothers Builders for SP-01-85 as presented . The motion
passed on the following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-abstain Mayor Byrd - out of room
Commissioner Donly-yes
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5 . 2 SP-02-85; Fermak Corp for property located at Stirling
Rd and SW 18th Ave; Douglas Hill Subdivision.
A.J . Ryan, Attorney for the petitioner, stepped forward
and requested site plan approval for the construction of
a new Burger King restaurant, pointing out that the
Planning and Zoning Board recommended approval of the
request provided that the Building Official , City
Engineer and Planner meet with the petitioner to resolve
the problems for the additional 12 .5 ' right-of-way on SW
18th Avenue and the additional items agreed to are added
to the site plan. He indicated that the problems have
been resolved .
A motion was made by Commissioner Cook, seconded by
Vice-Mayor Bertino to grant site plan approval to Fermak
Corp. for SP-02-85 as presented, provided that all
Planning and Zoning Board and Building Department
j requirements are met. The motion passed on the
i following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
5 . 3 SP-03-85; Walter B. Duke , Jr. for property located at SW
18th Ct. and Stirling Rd . (To be withdrawn by Petitioner
request)
A motion was made by Commissioner Donly, seconded by
Commissioner Cook to withdraw site plan approval request
SP-03-85 at Walter B. Duke, Jr. ' s request. The motion
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passed unanimously.
Regular Meeting 5 February 12 , 1985
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6 . OCCUPATIONAL LICENSES 1
6 . 1 Pasquariello Contracting, Inc. , 828 SW 24th Street;
Nicholas Pasquariello.
Nicholas Pasquariello stepped forward to request an
occupational license to excavate and sell material from E
land he owns in Port Everglades. i
A motion was made by Commissioner Donly, seconded by j
Vice-Mayor Bertino for purposes of discussion.
The City' s administrative staff raised strong objections
to the granting of the occupational license , reciting a
history of problems the City has had with the property
regarding code enforcement. Richard Gloss stated that
Mr. Pasquariello has a permit to fill , clear and demuck
the property and cited violations that have occurred due
to improper types of material that are being put in .
City Manager Marant questioned Mr. Pasquariello' s
motives in wanting an excavation permit to take good
fill out and then bring in fill of questionable nature ,
charging that he is actually operating a land fill.
t After much discussion , with arguments pro and con, the
motion and second to grant the occupational license were
withdrawn . A motion was then made by Commissioner
j Donly, seconded by Vice-Mayor Bertino to table and take
j no action on the request of Nicholas Pasquariello for an
occupational license.
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The motion passed unanimously.
7 . PRESENTATIONS
7 . 1 Presentation of the Audit submitted by Peat, Marwick and
Mitchell, for the fiscal year 1983/84 . ( Continued from
January 22 , 1985 Commission Meeting)
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Tom Kester, Audit Partner with Peat , Marwick and
Mitchell and an Engagement Partner on the City of Dania
Audit , announced that the audit has been completed and
presented the unqualified opinion on the City' s
financial statements and the letter of recommendations .
The City' s staff was complimented on the number of
recommendations that have been implemented during the
past year.
Mr. Kester presented an overview of some of the key
statistics of the City comparing 1983 to 1984 re total
assets ( increased approximately 148) ; total fund equity
( increased 158 ) ; total revenues ( increased 9 .8% ) ; and
total expenditures (only increased 5 .8%) . He stated
that the general financial condition of the City is good
and expressed confidence that it is being run in a
professional way.
8 . APPOINTMENTS/RESIGNATIONS f
8 . 1 Resignation by Jack Bradley from the Dania Industrial
Advisory Board .
A motion was made by Commissioner Cook , seconded by
Vice-Mayor Bertino to regretfully accept Jack Bradley' s
resignation from the Dania Industrial Advisory Board .
The motion passed unanimously.
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Regular Meeting 6 February 12 , 1985
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9 • PURCHASES
9 .1 1985 Ford Ranger to be purchased by the Building
Department in the amount of $6 ,211 .00 ; per State Bid
Number 136-070-00-H, Contract Number 070-00-85-1 ;
Supplier Don Reid Ford , Inc.
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Adams to authorize the expenditure by the
Building Department of $6 ,211 .00 to purchase a 1985 Ford
Ranger off State Bid #136-070-00-H, Contract Number
070-00-85-1 from Don Reid Ford, Inc. The motion passed
unanimously.
9 . 2 Request for $1 ,318 .93 to replenish investigative
account .
A motion was made by Commissioner Donly, seconded by
Vice-Mayor Bertino to authorize the transfer of
$1 ,318 .93 from the Law Enforcement Trust Fund to
replenish the investigative account
unanimously. . The motion passed
10 . DISCUSSION
* 10 . 1 Mr. Victor Howard of Broward County Environmental
Control , to explain the Site Selection process for
proposed Hazardous Waste Sites .
t (Please Announce Mr.
Howard at the beginning of the Meeting)
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Mr. Howard presented the background of the Water
Assurance Act and the action of the Board of County
ality
Commissioners in recommending two locations to the South °
Florida Regional Planning Council per that legislation.
He described the hazardous waste storage transfer
facility now existing in Pompano, stating that it is not
a treatment facility and that it stores the materials in
drums for approximately 10 days and then transports it
out of State. He mentioned that the facility is
permitted and regulated by the U.S. Environmental
Protection Agency, the State of Florida Department of
Environmental Regulation, and the Broward County
Environmental Quality Control Board and has not been
issued any citations by any of those regulatory
agencies.
Mr. Howard described the site selection process in
detail and said that the second site selected was
located within 65 acres of the unincorporated Port
Everglades area. He advised the Commission that the
recommendation was forwarded to the South Florida
Regional Planning Council and will probably be on the
Council' s June 3 , 1985 , agenda.
j During discussion, the Commissioners expressed strong
Opposition to the Port Everglades site selection because
of the close proximity to combustible materials and dense population. '
)
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to direct the City Manager to send a
letter to the South Florida Regional Planning Council
before their June 3rd meeting, expressing strong
Opposition to the Port Everglades site selection, with
copies to all appropriate agencies, and to direct the
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City At to look into possible legal recourses.The motion passed unanimously.
Regular Meeting 7
February 12 , 1985
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ADDENDUM ITEM
REQUEST by Fay M. Wishart thru her Attorney, Clarke Walden, to
apply for a change in the Land Use Plan under the 5% flexibility
rule from a Residential Zoning to a Commercial Zoning . j
All of Lot 1 and all of Lot 2 , less the East 2 feet of Lot 2 ,
Resubdivision of George E. Phippen' s Subdivision, according
to the plat thereof recorded in Plat Book 35 , Page 4 , public
records of Broward County, Florida , said lands situate, lying
and being in Broward County Florida. (Property located at
the SE corner of the intersection of SW Second Street . )
City Manager Marant explained that the request is for
Commission approval to allow Mr. Walden to begin the process
of making application for a change in the Land Use Plan.
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to allow Fay M. Wishart thru her Attorney,
Clarke Walden, to apply for a change in the Land Use Plan.
The motion passed unanimously.
*** (At this time the Citizens' Comments portion of the agenda
was addressed. )
11 . ADMINISTRATIVE REPORTS
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+ ** 11 . 1 CITY MANAGER MARANT advised the Commission that the low
bid on agenda item 3 . 1 was Gateway Construction at
$182 ,850 .00 and requested that this information be
included for the record in the motion passed this night .
11 .2 CITY ATTORNEY ADLER - no comment.
12 . COMMISSION COMMENTS
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12. 1 COMMISSIONER ADAMS commented that he was glad the
Centerfold was gone from Dania and requested that the
City Attorney prepare an ordinance to ban nudity and
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semi-nudity in the City of Dania.
12.2 COMMISSIONER COOK directed Mr. Marant to devise a method
of posting notices of trash pickup in the City.
12 .3 COMMISSIONER DONLY - no comment.
12 .4 VICE-MAYOR BERTINO commended seven citizens of Dania on
being honored at the last dinner meeting of the Foster
Grandparents Program of Broward County.
At Vice-Mayor Bertino' s invitation, Rholanda Higgs-Rule
stepped forward and asked the Commission' s help in
replacing her "No Dumping and No Loitering" sign.
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12 .5 At MAYOR BYRD' s invitation, Kurt Ely, Chairman of the
{ Community Block Grant Committee, stepped forward and
i announced that the 10 Year Block Grant Program will be
j completed on Friday, Feb. 15th , with the raving of the
stretch from Phippen Road to Sheridan.
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Mayor Byrd commended the Community Block Grant Committee
for its accomplishments . Commissioner Donly suggested
that administration research the committee members so
that the City Commission can duly recognize the people
who have served over the past 10 years.
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Regular Meeting 8 February 12 , 1985 w3
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13 . CITIZENS ' COMMENTS
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*** Mrs. Goss to speak to Commission regarding Drain work on I
alley way between SE 14th and 15th Streets, behind Rose Auto (I -
Stores .
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Mr. Goss stepped forward and presented photos showing the
deplorable condition of the alley and described the hardships
caused to property owners in that area.
City Manager Marant agreed that the condition of the alleyway f
is a bad problem, but that paving the alley without doing
something about the aprons of the adjoining property owners
would not solve the problem. He said that administration
will contact the adjoining property owners and will work as
quickly as possible to resolve the problem.
At this time, Mayor Byrd called attention to the bad drainage
problem across the street from Tom Sette' s Office . Deputy
City Manager Jewell said he would look into the situation and
try to resolve the problem.
This Regular Commission Meeting was then adjourned . j
MAYOR-COMMISSI NE
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CITY CLERK-AUDITOR
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Regular Meeting 9 February 12 , 1985
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FORM �'NIEMORANDUM OF VOTING COACT 2
t AST.' A FIRST NAME—MIDDt E NA
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WHO MUST FILE FORM 4
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This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee.
•A hether state Or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
;laciest.
\+the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
:nio tao parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is
prescribed for all other boards, i.e.. those at the state level.
I'A R f C of the form contains instructions as to when and where this form must be tiled.
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PART A
VOTING. CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
(Required by Section 112.3143(3), Florida Statutes (Supp. 1984).)
I he Code of Ethics for Public Officers and Employees PROHIBITS each municfnal, county, and other local public ojr er FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes)by whom he is retained.
In any such case a local public officer must disclose the conflict:
P410RTOTHEVOTEBElNGTAKENbypubliclystatingtotheassemblythenatureofhisinterestinthematteronwhic•hheis
abstaining from voting;and
ih) w1 THIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. Y
NOTE'Commissioners of Community Redevelopment Agency created or designated pursuant to Section 163 356or Section 163.357.
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
noting. In such cases, however, the oral and written disclosure of this part must be mad--
I. the undersigned local public officer, hereby disclose that on 19
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__—inured to my special private gain; or
Inured to the special gain of , by whom I ant retained.
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FORM 1�MEMORANDUM OF 1VO° fNC; COI'�''�',IOT
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WHO MUST FILE f'ORM ra
his form is for use by any person serving on either an appointed or e1e•.Icd board, ecuncil, commission, authority, or commiuec,
a het he,state or local,and it applies equally to members of advisco) and nor.-advi,ory},(�Ineil woo are faced til h r voting conflict of
nucrest
1s the aoting conflict requirements for public officers at the local leYei differ from rive rc(iuiremects far state officers,this form is dh1' B'id\•d
:nto too parts: PART A is for use by persons saying on local boards(mulici is
Prescribed for all other boards, i.e., those at the state level, paf, county,special tax di:aricts,etc.), white PAR
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P 1 R I C of the form contains instructions as to when and where this to, must be filed,
VOTING CONFLICT DISCLOSURE FOR LOCAL. r)UB+IC of Fll"•EFdS
[Requued by Section I12.3143(3), Hui d;a Starutes (;iuhp. 1984).1
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I he Code of Ethics for Public Officers and Employees PROHIBIT f➢ each municipal, counrv, and other torn!publ njfirer ) ROM
a'OTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
measure which inures to the special gain I-
knowingly voting in his official capacity upon any of:ov Principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he s retained.
In any such case a local public officer must disclose the conflict: l
"14* nUor$RTOTHE VOTE BEINOTAKENb
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abstaining from voting; ond
'hl aa'f rHIN 15 DAYS AFTER THE VOTE OCCURS by descrihing tfie nature of his I Met est as a public record in this part below.
NO I-F Commissioners of a Cominu nit y Redevelopment Agency created or designoed pursua,it to Section 163.356 or Section 163.357,
Florida Statutes(Supp• 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not Prohihiled from
\oling. In such cases, however, the oral and written disclosure of this part must be made.
1, the undersigned local public officer, hereby disclose that on
I abstained from voting on a matter which (check one):
-__ inured to my special Private gain; or
.___.. Inured to the special gain of _---
----------._.---"------- , by whom I tut: rctaim.vl.
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 12, 1985
8: 00 P.M.
INVOCATION -
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PLEDGE OF ALLEGIANCE
ROLL CALL
I . CONSENT AGENDA
Minutes
1 . 1 Regular meeting, January 22, 1985
1 .2 Bills, for November, 1984
Ordinances (First Reading )
1 . 3 ( PL-04-85 ; for property located South of the entrance to Ft .
Lauderdale-Hollywood airport between FEC Railroad tracts and U .S .
#1 )
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF
"FORT LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT SECOND
ADDITION" , SAME BEING THAT PORTION OF THE SOUTH 210. 00 FEET OF THE
SE 1/4 OF THE SW 1 /4 OF THE NE 1/4 OF SECTION 27, TOWNSHIP 50
SOUTH, RANGE 42 EAST, LYING WEST OF THE WEST RIGHT OF WAY LINE OF
U. S . HIGHWAY NO . 1 AND LYING EAST OF THE EAST RIGHT OF WAY LINE OF T
OLD DIXIE HIGHWAY ; AND THAT PORTION OF THE NORTH 192 .00 FEET OF
THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 27, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, LYING WEST OF THE WEST RIGHT OF WAY LINE OF SAID
U.S . HIGHWAY NO . 1 AND LYING EAST OF THE EAST RIGHT OF WAY LINE OF
SAID OLD DIXIE HIGHWAY ; TOGETHER WITH ALL RIGHTS, TITLE AND
INTEREST, IF ANY, IN ANYD TO ANY ADJACENT PUBLIC OR PRIVATE RIGHTS
OF WAY OR VACATED RIGHTS OF WAY ; SAID LAND SITUATE IN BROWARD
MORE COUNTY,
OR LESS ; ANDCONTAINING ACCEPTING THE3 ACRESS DEDI (62, 308 SQUARE FEET) ,
CATION FOR PUBLIC USE OF ALL
STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "FORT
LAUDERDALE - HOLLYWOOD INTERNATIONAL AIRPORT SECOND ADDITION" ; 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 .
2 . RESOLUTIONS
2 . 1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF HOLL�LYWOOD, THE CITY OF FORT LAUDERDALE, THE CITY OF DANIA
AND THE PORT EVERGLADES AUTHORITY PROVIDING FOR UNIFORM
REGULATIONS FOR ZONING, CONSTRUCTION AND OTHER MATTERS IN AND
ABOUT THE PORT EVERGLADESA AREA ; AND PROVIDING FOR AN EFFECTIVE
DATE .
2 .2 A RESOLUTION DESIGNATING INSPECTORS AND CLERKS TO SERVE AS
OFFICERS IN THE GENERAL ELECTION OF THE CITY OF DANIA, FLORIDA TO
BE HELD ON TUESDAY, THE 12TH DAY OF MARCH A .D. , 1985 .
1 OF 3
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9. PURCHASES
9 . 1 1985 Ford Ranger to be purchased by the Building Department in the
amount of $6, 211 .00 ; per State Bid Number 136-070-00-H, Contract
Number 070-00-85-1 ; Supplier Don Reid Ford , Inc .
9 .2 Request for $ 1 , 318. 93 to replenish investigative account .
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10. DISCUSSION
10 . 1 Mr . Victor Howard of Broward County Environmental Control , to
explain the Site Selection process for proposed Hazardous Waste
Sites . *(Please Announce Mr. Howard at the beginning of the
Meeting)
11 . ADMINISTRATIVE REPORTS
11 . 1 City Manager
11 . 2 City Attorney
12. COMMISSION COMMENTS
12 . 1 Commissioner Adams
12 . 2 Commissioner Cook
12 .3 Commissioner Donly
12 .4 Vice Mayor Bertino
12 . 5 Mayor Byrd
13 . CITIZENS ' COMMENTS - 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 ) Tuesdays of each month . Comments of any
nature will be responded to by the office of the City Manager . In 'r
the event that the concern remains unresolved , the citizens ( s ) or
party will be asked to address the City Commission during the
meeting . **Emergencies may be given to the Mayor, a City
Commissioner or the City Manager prior to the beginning of the
meeting .
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ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED
A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS 14ADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
3 OF 3
3 . BIDS
3 . 1 Recommendation on bids regarding the Water System Improvements
U.S . 1 Utilities Relocation ;FROM JANUARY 22, 1985 MEETING)
review by City Staff. /ETING) (CONTINUED
3 .2 Persmission to bid on water line on Alleyway South of NE 1st St
replacing 2" water line with a 6" water line .
4 . PUBLIC HEARINGS (Second and Final Reading )
4 . 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING GUIDELINE
FOR THE OPERATION OF OFF-ROAD VEHICLES,
VEHICLES, OFF-ROAD, OWNER, MOTORCYCLES, ALL TERRAIN
FOR PENALTIES ; PROVIDING FOR RSEVERABILDITY ; PROVIDING THA SWAMP BUGGIES ; �VALLNG
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.
Variance
4 . 2 P5, T.C . Callahan, Royal
Plalacece . (. (Continued from 1/8/85 ) Palm Vista Subdivision ; 526 NE 2nd
4 . 3 VA-02-85, Development Corp . of America
S •W • corner of Griffin Road and 1-95 • (Continued from 1/8/85 )
er
4 .4 VA-03-83 P Y located at the
Quadrant �ofaI-t95 andB . DStirlinRoad ; "DOU Property located at the NE
withdrawn by Petitioners request) "DOUGALS HILL 4. 5 VA-05-85, Paers (To be
Street and SW BsttAvenueU� ldersI for property located at SW Park
4 . 6 VA-06-85, Jerrys Sub Factory, property
' Federal Highway . located at 320 South
Special Exception w
4 . 7 SE-07-85, Mark A. Gross ; Dania Heights E
at 550 S . Federal Highway. Extension, property located
5 • SITE PLANS
5 . 1 SP-01-85 ; Pag Brothers Builders for
St . and SW 1st Ave . Property located on SW Park
5 .2 SP-02-85; Fermak Corp for
property 18th Ave; Douglas Hill Subdivision . located at Stirling Rd and SW
-•>.P 5 .3 SP-03-85 ; Walter B .
and Stirling Rd . Duke, Jr . for property located at SW 18th Ct .
(To be withdrawn by Petitioner request)
6 • OCCUPATIONAL LICENSES
6 . 1 Pasquariello Contracting, Inc . , 828 SW 24th Street ; Nicholas
Pasquariello .
7 . PRESENTATIONS
7 . 1 Presentation of the Audit submitted by Peat, Marwick and Mitchell ,
for the fiscal year 1983/84 . (Continued from January 22, 1985
Commission Meeting )
8 • APPOINTMENTS/RESIGNATIONS
8 . 1 Resignation by Jack Bradley from the Dania Industrial Advisory
Board .
2 OF 3
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AGENDA
CITIZENS COMMENTS
j CITY OF DANIA
! REGULAR COMMISSION MEETING
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8 :00 P.M.
FEBRUARY 12, 1985
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I Mrs. Goss to speak to Commission regarding Drain work on alley way f
between S.E. 14th and 15th Streets, behind Rose Auto Stores.
(See attached map)
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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
FEBRUARY 12 , 1985
8 :00 P.M.
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REQUEST
Request by Fay M. Wishart thru her Attorney , Clarke Walden,
to apply for a change in the Land Use Plan under the 58 flex-
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ibility rule from a Residential Zoning to a Commercial
Zoning.
ALL OF LOT 1 AND ALL OF LOT 2 , LESS THE EAST 2 FEET OF
LOT 2, RESUBDIVISION OF GEORGE E. PHIPPEN' S SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 35 ,
PAGE 4 , PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID
LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY
FLORIDA. (Property located at the SE corner of the
intersection of SW Second Street. )
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