HomeMy WebLinkAboutNULL (158) AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
NOVEMBER 26 , 1985
8 : 00 P.M.
INVOCATION -
PLEDGE OF ALLEGIANCE
ROLL CALL
1 . CONSENT AGENDA
Bills
1 .1 Approval of bills paid for the month of October 1985 .
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Minutes
1 . 2 October 23 , 1985, Workshop Meeting .
1 .3 October 23 , 1985 , Special Meeting .
1 .4 November 7 , 1985 , Workshop Meeting .
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1 .5 November 12 , 1985 , Regular Commission Meeting .
2 . PROCLAMATIONS
2 .1 Proclamation naming November 24 through November 30 Broward
County Crimestoppers week.
2.2 Proclamation naming December 15 through December 21 National
Drunk and Drugged Driving Awareness Week.
2 .3 Proclamation recognizing February 1 , through March 1 as the
Annual Florida Derby Festival.
3 . BIDS (8:00 P.M. to 8:15 P.M. )
3 . 1 Reading of received bids for the work contained in the project
for asphalt requirements for the fiscal year October 1 , 1985, to
September 30 , 1986 , as per D.O.T. specifications 330-9 . 3 and 331 . j
3 .2 Recommendations on bids received for the work contained in the
project "Water System Improvements/U.S . 1 Utilities Relocation -
Phase II" Project No. 83-113 Phase II .
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4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS
BUILDING AND ZONING
4 . 1 PETITIONER: Joel Gustafson; OWNER - E. Clay Shaw, Jr. , Gayle Shaw
Peters.
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A) Public Hearing SE-89-85 - A Special Exception request to
allow a hotel facility and freestanding restaurant.
Property generally located approximately in the 1000 block
of Taylor Road (East of U.S. #1 and North of Griffin Road
Extension) .
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i B) LUF-87-85 - A request for a Land Use Flex change ( 10 .0
Acres) as per 20% Flex Rule. Property generally located
approximately in the 1000 block of Taylor Road (East of U.S .
#1 and North of Griffin Road Extension)
j 4 .2 PETITIONER/OWNER: Cari J. Kresa.
A) Public Hearing VA-86-85 - A Variance request to allow the f
construction of a duplex in an RD6000 District: (1 ) on a
4 ,481 sq. ft. lot (6 ,000 sq. ft. required) , (2 ) on a 44 ft. I
wide lot ( 60 ft. required) . Property located at 37 SE 4
Terrace.
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" $ 4 .3 PETITIONER: Hardin Assoc. , Inc. ; OWNER - Michael L. Thomas. j
A) Public Hearing VA-90-85 - A Variance request to construct a j
hotel facility : (A) Within 3 ' 4" of the East property line
( 10 ' setback required) , (B) Within 8 ' 6" of the West
property line ( 10 ' setback required) . Property located at
Griffin Rd . between Dania Cutoff Canal and I-95 .
4 .4 PETITIONER: Robert Legg; OWNER - Walter B. Duke III.
A) Public Hearing VC-85-85 - A request to Vacate portion of
Plat non-access line and close off existing opening.
Property located at 1966 Stirling Rd.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, VACATING CERTAIN
STREET RIGHT-OF-WAY LEGALLY DESCRIBED AS: THE WEST 24 .00
FEET OF THE EAST 38 .00 FEET OF THE NON-VEHICULAR ACCESS LINE
LYING ON THE SOUTH BOUNDARY OF TRACT 'A' OF "STIRLING
PROFESSIONAL CENTER" AS RECORDED IN PLAT BOOK 113 , PAGE 47
OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD
COUNTY, FLORIDA; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS
i OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
4 . 5 PETITIONER: Mark L. Saltz; OWNER - Walter B. Duke, III.
A) SP-22-85 - A Site Plan approval for a fast food restaurant .
Property located at 1966 Stirling Rd .
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4 .6 PETITIONER/OWNER: Myrtle Brasfield.
A) Public Hearing VA-91-85 - A Variance request to construct a
Single Family Dwelling in a duplex zone on a 5400 sq. ft.
lot (Minimum 6000 sq. ft. required) . Property located at
1402 NW 3rd St .
4 .7 PETITIONER/OWNER: William Dahlbeck.
A) Public Hearing VA-92-85 - A Variance request to construct a
Single Family Dwelling in a duplex zone. (A) On a 5600 sq.
ft . lot (Minimum 6000 sq. ft. required) , (B) With a 13 ft.
j rear yard setback ( 15 ft. minimum required) . Property
located at 1406 NW 3rd St.
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ADMINISTRATIVE
4 .8 Public Hearing
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
10 .32 ( c) and (d) OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, TO CHANGE THE NUMBER OF DAYS BETWEEN THE
DATE OF PUBLICATION OF NOTICE AND THE DATE OF HEARING FROM
FOURTEEN (14 ) DAYS TO TEN ( 10 ) DAYS SO THAT SAID SECTION OF THE
CITY CODE WILL AGREE WITH THE PROVISIONS OF FLORIDA STATUTES;
PROVIDING THAT EXCEPT AS HEREIN AMENDED, ALL OTHER PROVISIONS OF
SAID CHAPTER 28 SHALL REMAIN IN FULL FORCE AND EFFECT; 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 .
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4 .9 Public Hearing
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 4-36
OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, AS
PASSED AND ADOPTED BY ORDINANCE NO. 269 ON JUNE 23 , 1981 , BY
AMENDING SAID SECTION BY EXPANDING AND ENLARGING THE AREAS OF THE
CITY COVERED BY SAID SECTION 4-36; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
4 . 10 Public Hearing
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 18
OF THE CODE OF ORDINANCES OF THE CITY OF DANIA ENTITLED "PENSIONS
AND RETIREMENT" BY AMENDING SECTION 18-40 (9 ) THEREOF TO CHANGE
THE DEFINITION OF EARNINGS; AND PROVIDING THAT ALL ORDINANCES OR j
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.
5 . OCCUPATIONAL LICENSE - None I
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6 • EXPENDITURE REQUEST - None
7 • SPECIAL APPROVALS
7.1 Request by Mr. Joseph Fatuzzo to approve the relocation of the
sale of Christmas Trees, from the Dania Texaco, located at
Griffin Road and I-95 to the NE corner of Federal Hwy. and 2nd
Street. (Refer to Dania City Commission Meeting 11/12/85, #7 .4)
8 • APPOINTMENTS - None
9 • DISCUSSION - None j
10 . ADMINISTRATIVE REPORTS i
10 . 1 City Manager
10 . 2 City Attorney
11 . COMMISSION COMMENT
11 . 1 Commissioner Cook
11 . 2 Commissioner Hirsch
11 .3 Commissioner Mc Elyea
11 . 4 Vice Mayor Byrd
11 . 5 Mayor Bertino
12 • CITIZENS ' COMMENTS - Comments by Dania citizens or interested
writing or communicated verbally prior to 4 :00 p.m,
parties that are not a part of the regular agenda should be given in j
and fourth (4th) Monday of each month. the second (2nd)
Comments of be responded to by the office of the Cit any nature will
y Manager. In the event that �.
the concern remains unresolved, the citizens) or party will be asked
be gto aven sto tthe�ity Mayor�ma1CitynCommissionerurin theming ortthe City EManager 1priflid or
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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 MADE WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
NOVEMBER 26 , 1985
INVOCATION - Wanda Mullikin
PLEDGE OF ALLEGIANCE
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ROLL CALL:
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Present -
Mayor: John Bertino
Vice Mayor: Chester A. Byrd
Commissioners: Jean Cook
Howard Hirsch
Charles McElyea
City Attorney: Frank Adler
City Manager: Eugene Jewell
City Clerk: Wanda Mullikin
Acting Police Chief: Tim Cates
Building Official : Paul Maxwell
1 . CONSENT AGENDA
Bills
1 .1 Bills for the month of October, 1985.
Minutes
1. 2 October 23 , 1985, Workshop Meeting
1 .3 October 23 , 1985 , Special Meeting
1 .4 November 7 , 1985 , Workshop Meeting
1 .5 November 12, 1985 , Regular Commission Meeting
A motion was made by Commissioner Cook, seconded by Commissioner
Hirsch to approve the consent agenda. The motion passed on the
following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
2 . PROCLAMATIONS
2.1 Mayor Bertino Proclaimed November 24 through November 30
Broward County Crimestoppers week.
2.2 Mayor Bertino Proclaimed December 15 through December 21
National Drunk and Drugged Driving Awareness Week.
2.3 Mayor Bertino Proclaimed February 1 through March 1 as the
Annual Florida Derby Festival.
3 . BIDS (8 :00 p.m. to 8 : 15 p.m. )
3 .1 Reading of received bids for the work contained in the project
for asphalt requirements for the fiscal year October 1 , 1985 ,
to September 30 , 1986 , as per D.O.T. specifications 330-9 .3 and
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* (Addressed at 8 : 15 , interrupting agenda item 4 . 1 )
A motion was made by Commissioner Hirsch, seconded by
Commissioner McElyea to close the receiving of bids. The
motion passed unanimously.
** (Addressed after agenda item 4 . 3 )
City Manager Jewell announced that only one bid was received
from Weekley Asphalt Paving and recommended that the bids be
rejected and the bid be returned to the bidder unopened and
requested authorization to readvertise for bids.
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Regular Commission Meeting 1 November 26 , 1985
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A motion was made by Commissioner Hirsch , seconded by Vice
Mayor Byrd to reject the bid and authorize the readvertisement
for bids for the work contained in the project for asphalt
requirements for the fiscal year Oct. 1 , 1985 to Sept. 30,
1986 , as per D.O.T. specifications 330-9 .3 and 331 . The motion
passed unanimously.
3 .2 Recommendations on bids received for the work contained in the
project "Water System Improvements/U.S. 1 Utilities Relocation -
Phase II" Project No. 83-113 .
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John Calvin, City Engineer, reported that the low bid from
Gateway Construction in the amount of $152 ,840 .00 was reviewed
and recommended that the bid be awarded to Gateway
Construction. City Manager Jewell explained that the bid was
not reduced by the $10 ,000 changeorder that the Commission had
approved at the last meeting because Administration had not
exercised that option.
A motion was made by Vice Mayor Byrd, seconded by Commissioner
Cook to award the bid for the work contained in the project
"Water System Improvements/U.S.1 Utilities Relocation - Phase
II" Project No. 83-113 to Gateway Construction in the amount of
$152,840 .00 with no additions to the bid . The motion passed
unanimously.
4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS
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BUILDING AND ZONING
4 .1 PETITIONER: JOEL GUSTAFSON; OWNER: E. CLAY SHAW, JR. , GAYLE
j SHAW PETERS.
A. PUBLIC HEARING (5E-89-85) A Special Exception request to
allow a hotel facility and freestanding restaurant;
property generally located approx. in the 1000 block of
Taylor Rd. (E/o U.S . 1 and N/o Griffin Rd . Extension) .
Joel Gustafson , Attorney representing David Katz , the developer
of the property, stepped forward to explain the special
exception request and requested that the special exception and
land use flex change be passed conditioned upon the passing of
the rezoning.
Mr. Gustafson described the proposed 8 story, 340 room Crown
Plaza Hotel and presented a sketch showing the location of the
site.
* (At this time, (8 :15 ) , closing time for receipt of bids for agenda
item 3 .1 was addressed. )
Mr. Gustafson proceeded to show a drawing depicting the height
elevations consistent with F.A.A. regulations . The P&Z Board
recommended approval subject to ( 1 ) review of traffic study,
and (2 ) F.A.A. height requirements.
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Mayor Bertino opened the public hearing. Many citizens said
they were not necessarily against the building of the hotel,
but did express concerns about noise control, flight patterns
of the jets, and landscaped buffer zones . Craig Leonard, a
pilot residing in Dania, suggested that certain mandatory
i language needs to be specified in Standard Instrument
Departures and Arrivals to ensure the safety of the citizens of
Dania. Some citizens spoke in favor of the hotel, but all j
asked for assurances that the auxiliary Southeast runway would
not become a major runway to accommodate the hotel . Bob Mikes
suggested that a well-planned hotel project would work with the
City politically to fight against making the diagonal runway
into a major runway. The Mayor then closed the public hearing.
. egular Commission Meeting 2 November 26 , 1985
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During discussion, it was noted that the petitioner must still I
get an F.A.A. permit and present a site plan for approval . The
Commissioners requested that Administration gather as much
up-to-date information as possible regarding flight patterns
before the next regular meeting when the rezoning will come
before the Commission.
A motion was then made by Vice Mayor Byrd, seconded by
Commissioner Hirsch to grant the Special Exception (SE-89-85)
to Joel Gustafson/E.Clay Shaw, Jr. ,Gayle Shaw Peters ,
contingent upon adoption of the rezoning . The motion passed on
the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
B. (LUF-87-85 ) A request for a Land Use Flex Change ( 10 .0+
acres) as per 20% Flex Rule; property generally located
approx. in the 1000 block of Taylor Rd . ( E/o U.S.1 and N/o
Griffin Rd. Extension) .
A motion was made by Commissioner Hirsch, seconded by
Commissioner Cook to grant the Land Use Flex Change (LUF-87-85 )
to Joel Gustafson/E.Clay Shaw, Jr. ,Gayle Shaw Peters ,
contingent upon the adoption of the rezoning . The motion
passed unanimously.
4 .2 PETITIONER/OWNER: Cari J. Kresa
A. PUBLIC HEARING (VA-86-85 ) A Variance request to allow the
construction of a duplex in an RD6000 District ( 1 ) on a
4,481 sq. ft . lot ( 6 ,000 sq. ft. required) , (2 ) on a 44
ft. wide lot (60 ft . required ) ; property located at 37 SE `
4 Terrace.
Cari Kresa stepped forward to explain the variance request,
presenting pictures. The P&Z Board recommended denial.
Commissioner McElyea stated for the record that although he has
no financial interest in this item, he will abstain from voting
as the petitioner is his daughter.
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Mayor Bertino opened the public hearing. Hearing Vincent
Carroll and Bob Mikes speak in opposition, the Mayor closed the
public hearing .
Cari Kresa responded to the comments , explaining that the
objectionable vehicles and trash currently on the empty lot do
not belong to her and maintained that the building will be
small, meets the set-back requirements and would improve the
area.
Mayor Bertino re-opened the public hearing. Hearing Vincent
Carroll and Bob Mikes repeat comments in opposition, and
hearing Audrey Cassese and Fred Caldwell comment in favor, the
Mayor closed the public hearing.
A motion was made by Commissioner Hirsch, seconded by
Commissioner Cook to grant the variance (VA-86-85 ) to Cari J.
Kresa. The motion passed unanimously, Commissioner McElyea
abstaining.
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4 .3 PETITIONER: Hardin Assoc. , Inc. ; OWNER: Michael L. Thomas.
A. PUBLIC HEARING (VA-90-85) A Variance request to construct
a hotel facility in (A) within 3 ' 4" of the East property
line (10 ' setback required) , (B) within 8 ' 6" of the West
property line ( 10 ' setback required) ; property located at
L Griffin Rd. between Dania Cutoff Canal and I-95 .
Regular Commission Meeting 3 November 26 , 1985
Dave Wheeler, Project Mgr, for Airview Developers, Ltd. , the
developers of the Hilton Hotel , stepped forward to explain the
variance request . The P&Z Board recommended approval.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
Building Official Maxwell explained that the encroachment on
the East property line setback area is a covered entranceway
and on the West is a loading and unloading service area which
is hidden from Griffen Rd. by trees .
A motion was made by Vice Mayor Byrd, seconded by Commissioner
Hirsch to grant the variance (VA-90-85) to Hardin Assoc. ,
Inc./Michael L. Thomas . The motion passed on the following
roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-no
"* (At this time , agenda item 3 .1 was addressed. )
4 .4 PETITIONER: Robert Legg; OWNER: Walter B. Duke III .
A. PUBLIC HEARING (VC-85-85 ) A request to Vacate portion of
Plat non-access line and close off existing opening; I
property located at 1966 Stirling Rd.
James String, representing R.P. Legg & Assoc. , stepped forward
to explain the request to vacate the opening of the non-access
line along the north right-of-way line of Stirling Road shown
on the plat of "Stirling Professional Center" . The P&Z Board
recommended approval.
Building Official Maxwell reported that the petitioner intends
to relocate the accessway about 40 ' to the East and reduce it
from the 30 ' as required by the County before the plat was
recorded to 24 ' .
Building Official Maxwell stated that upon checking the posting
of signs before the P&Z Board meeting, all were in place, but
that a number of the signs were not in place today due to the
hurricane.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Hirsch, seconded by
Commissioner Cook to adopt a Resolution vacating street
right-of-way described as the West 24 ' of the East 38 ' of the
non-vehicular access line lying on the South boundary of Tract
"A" of "Stirling Professional Center" (VC-85-85 ) . The motion
passed unanimously.
4 .5 PETITIONER: Mark L. Saltz; OWNER: Walter B . Duke , III .
A. (SP-22-85 ) A Site Plan approval request for a fast food
restaurant g property located at 1966 Stirling Rd . �
Charles Michaelson , Architect, stepped forward to explain the
site plan approval request for an Arby' s Restaurant. The P&Z
Board recommended approval .
Mayor Bertino opened a public hearing. Hearing no one speak in
favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Hirsch, seconded by Vice
Mayor Byrd to grant site plan approval (SP-22-85 ) to Mark L.
Saltz/Walter B. Duke, III , contingent upon the County approving
the relocated accessway. The motion passed unanimously.
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Regular Commission Meeting 4
November 26 , 1985
4 .6 PETITIONER r /OWNER: Myrtle Brasfield.
A. PUBLIC HEARING (VA-91-85 ) A Variance request to construct
a single family dwelling in a duplex zone on a 5400 sq.
ft. lot (minimum 6000 sq. ft. required) , property located
at 1402 NW 3rd St.
A representative of the petitioner stepped forward to explain
the variance request to allow the construction of a single
family home, intending to replace the existing dwelling. The
P&Z Board recommended approval .
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Cook, seconded by j
Commissioner Hirsch to grant the variance (VA-91-85 ) to Myrtle
Brasfield. The motion passed on the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
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4.7 PETITIONER/OWNER: William Dahlbeck .
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A. PUBLIC HEARING (VA-92-85 ) A Variance request to construct
a single family dwelling in a duplex zone (A) on a 5600
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sq. ft. lot (minimum 6000 sq. ft. required) , (B) with a 13
ft . rear yard setback (15 ft.
located at 1406 NW 3rd St . minimum required) ; property
`. Building Official Maxwell explained that this is the house next
door to the one described in agenda item 4 .6 with an alike
situation. The P&Z Board recommended approval .
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Hirsch, seconded by
Commissioner McElyea to grant the variance (VA-92-85 ) to
William Dahlbeck . The motion passed on the following roll call
vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
ADMINISTRATIVE
4.8 PUBLIC HEARING
An Ordinance amending Section 10 .32 (c) and (d) of Chapter 28 of
the City Code of Ordinances to change the number of days
between the date of publication of notice and the date of
hearing from fourteen ( 14 ) days to ten (10) days to agree with
provisions of Florida Statutes was read for second and final
reading by City Attorney Adler.
Mayor Bertino opened the public hearing . Hearing Kurt Ely
speak in favor, the Mayor closed the public hearing.
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During discussion, the Commissioners indicated that , in
addition to the posting of signs before P&Z Board Meetings, the
Building Dept . should also send letters to neighboring property
j owners notifying them of the date of the P&Z Board Meeting as
well as the date the matter will be heard before the City I
Commission.
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A motion was made by Commissioner Hirsch, seconded by
Commissioner McElyea to adopt the ordinance changing the number
of days between the date of publication of notice and the date
of hearing from 14 to 10 days on second and final reading. The
motion passed on the following roll call vote:
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Regular Commission Meeting 5 November 26 , 1985
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Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
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4 .9 PUBLIC HEARING
An Ordinance amending Section 4-36 ( "Alcoholic beverages upon
public beach" ) of the City Code of Ordinances as passed and
adopted by Ordinance No. 269 on 6/23/81 , by expanding and
enlarging the areas of the City covered by said Section 4-36
was read for second and final reading by City Attorney Adler.
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Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Cook , seconded by Vice Mayor
Byrd to adopt the ordinance expanding and enlarging the areas
of the City covered by Section 4-36 ( "Alcoholic beverages upon
public beach" ) of Ord . No. 269 of the City Code of Ordinances
on second and final reading. The motion passed on the
following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes j
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
A motion was then made by Vice Mayor Byrd , seconded by
j Commissioner Cook to exempt the Holiday Festival being '
sponsored by the Chamber of Commerce and Dania Women' s Club on
November 30, 1985 , from the effects of this ordinance on that
day. The motion passed unanimously.
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4 .10 PUBLIC HEARING y.
An Ordinance amending Chapter 18 of the City Code of Ordinances
entitled "Pensions and Retirement" by amending Section 18-40 (9 )
to change the definition of earnings was read for second and
final reading by City Attorney Adler.
Mayor Bertino opened the public hearing. Hearing no one speak
in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Hirsch, seconded by
.ni Commissioner Cook to adopt the ordinance amending Section
18-40(9 ) of Chapter 18 , "Pensions and Retirement" of the City
Code to change the definition of earnings on second and final
reading . The motion passed on the following roll call vote:
Commissioner Cook-yes Vice Mayor Byrd-yes
Commissioner Hirsch-yes Mayor Bertino-yes
Commissioner McElyea-yes
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5 . OCCUPATIONAL LICENSES - none
6. EXPENDITURE REQUESTS - none
7 . SPECIAL APPROVALS
7 .1 Request by Mr. Joseph Fatuzzo to approve the relocation of the
sale of Christmas trees, from the Dania Texaco, located at
Griffin Rd . and I-95 to the NE corner of Fed. Hwy. and 2nd St.
(Refer to Dania City Commission Meeting 11/12/85 , #7 .4 )
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Mr. Fatuzzo explained the need to relocate his Christmas tree
sale site, the temporary occupational license for which was
already approved, and reported that the new site has been
" approved by the City' s Fire Inspector and that the sign has
also been approved.
A motion was made by Commissioner Cook, seconded by
Commissioner Hirsch to approve the relocation request by Joseph
FatuZ20. The motion passed unanimously.
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8 . APPOINTMENTS - none
Regular Commission Meeting 6 November 26, 1985
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9 . DISCUSSION - none
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10 . ADMINISTRATIVE REPORTS I
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10 .1 City Manager Jewell reminded the Commissioners that the
majority will be out of town on December loth , which is the
only scheduled meeting in December, the Christmas Eve meeting
having already been cancelled. He suggested rescheduling the
December meeting for the 17th.
A motion was made by Commissioner Cook, seconded by
Commissioner Hirsch to cancel the December 10 , 1985 , Regular `
Commission Meeting and to reschedule it for December 17 , 1985.
The motion passed unanimously.
10 .2 City Attorney Adler extended Happy Thanksgiving wishes .
11 . COMMISSION COMMENT
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11 . 1 Commissioner Cook extended Happy Thanksgiving wishes .
11 .2 Commissioner Hirsch reminded City Manager Jewell of a certain
item he has requested to be placed on the next agenda. Also
extended Happy Thanksgiving wishes .
11 . 3 Commissioner McEl ea - Happy ppy Thanksgiving wishes .
11 .4 Vice Mayor Byrd inquired on the status of the Police Chief
applications . City Manager Jewell responded that f
Administration should be fully prepared for the Commissioners
" . to schedule interviews upon their return from the Convention .
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11 .5 Mayor Bertino reminded everyone of the Dania Holiday Festival, t
November 30, 1985 , 10 :30 to 6 : 00 p.m . , urged attendance, and
extended Happy Thanksgiving wishes . i
City Clerk Mullikin announced a Community Thanksgiving Service I on behalf of all the churches to be held on Wednesday night,
November 27th, 7 : 30 p.m. at the Dania First Baptist Church.
12 . CITIZENS ' COMMENTS i
No verbal or written requests for citizens' comments for this
night' s meeting were received.
This Regular Commission Meeting was then adjourned.
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MAYOR-COMMIS IONER
CITY CLERK-AUDITOR
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Regular Commission Meeting 7 November 26 , 1985
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��{II ttl HO Ik U.['OUNCII",C'OMMISSION,AU7 HURI11'.ON COMMI rrTF
WHO MUST FILE FORM 4
his form is for use by any person Serving On either an appointed or elected board, Council, commission, authority, or committee.
whether state or local,and it applies equally to members of advisory and non-advisory bcdies who are faced with a voting conflict of
tmeres(
the%otingconflict requirementsfor public officers at the local level differfrorn the requirementsfor s-ate officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax di,:tricts,etc.), while PAR"f B is
prescribed for all other boards, i.e., those at the state level.
PAR f C of the form contains instructions as to when and where this form must be tiled.
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PART A
Y^
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS i
(Required by Section 112.3143(3), I'lodda Statutes (Supp. 1984j]
I he Code of Ethics for Public Officers and Employees PROHIBITS each municipal, cotmlI,, and other local public of tror FROM i 1 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 am' such case a local public officer must disclose the conflict:
o41f)R TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interesn he is j V abstaining from voting;and t in the matter on whic
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'Isf WI THIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. I !
NOTE'Commissioners of a Community Redevelopment Agency created or designated pursuant to section 163.356 or Section 103.357.
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
toting. In such cases, however, the oral and written disclosure of this part must be made.
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I. the undersigned local public officer, hereby disclose that on
19�s�:
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•.II I abstained from voting on a matter which(check one): ,.
inured to my special private gain; or
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inured to the special gain of — I
------- • by whom I am retained.
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(51 thermmeasure on which : ained and the nature of my interest in the measure is as follows:
//I C �J-�/'7�"�f7r JJC /3 yY1 cf lea,.yl,Tri( y �•
Gt.' /la' rTa i,je N'N /9/'7PPAJ�ACE DTf7 C'O»�/CC%,,
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r C,
Date Filed Signature
Please see PART C for instructions on when and where to file this form — — --
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PART B
VOTING CONFLICT DISCLOSURE FOR S9'ATL•. OFFICERS
[Required by Section 112 3143(2), Florida Statutes(Supp. t984).j
Each state public officer is permitted to vote in his official capacity on any matter. f?owever,any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
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I, the undersigned officer of a state agency, hereby disclose that on_ __.—.__ 19
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(a) I voted on a matter which(check one):
—inured to my special private gain;or
- -� —.inured to the special gain of _----____._.._------__.____.._. , by whom I am rctamod.
I bl I he measure on which I voted and the nature of my interest in the. measure is as follows:
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a, I Date Filed Signature—_------ --
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Please see PART C below for instructions on when and where to file this form.
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PART C
FILING INSTRUCTIONS i
This memorandum must be filed within fifteen(15)days following the meeting during which the votingconflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form reed not
be filed merely to indicate the absence of a voting conflict.
j I NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§112.)II(1983),A FAILURE I OMAKE ANY REQC I R'I)L)ISCI.OSURECONSTITUTESGROUNDS FOR AND MAY
BF PUNISHED BY ONE OR MORE OF THE FOLLOWING. IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
11 DEMOTION,REDUCTION IN SALARY,REPRIMAND.OR A CIVIL PENALTY NOT TO EXCEED$3,0(X)
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