The URL can be used to link to this page

Home My WebLink AboutNULL (205) i MINUTES DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 24, 1987 i 4 INVOCATION - Wanda Mullikin ! PLEDGE OF ALLEGIANCE f � ROLL CALL: 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 Police Chief : Gilbert Thivener Building Official : Paul Maxwell PRESENTATIONS - Appearance by Sheriff Nick Navarro with regard to Mutual Aid Agreement. j i At the Commission 's invitation, Sheriff Navarro j J explained that his reason for not participating in the Mutual Aid Agreement was to protect the liability of the #; Broward County Sheriff 's Department. He said that, although he does not oppose the Mutual Aid Agreement among municipalities, he is concerned about the municipal officers deputized under his deputization program. 1 . CONSENT AGENDA Minutes 1 . 1 February 10, 1987, Regular Meeting 1 Bills 1.2 As paid for the month of December, 1986 1.3 As paid for the month of January, 1987 Administrative Resolutions 1 .4 The title of a resolution approving Plan Amendment No. 6 to the Employee Health Benefit Plan was read by Mayor Bertino. Administrative Ordinances (First Reading) - none Building S Zoning Ordinances (First Reading) - none aA motion was made by Commissioner Hirsch, seconded by Commissioner Cook to approve the consent agenda. The motion passed on the i following roll call vote : Commissioner Cook-yes Y Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-ves Commissioner McElyea-yes - (At this time, Addendum Agenda item 7. 4 was addressed . ) 2. PROCLAMATIONS f 2. 1 Mayor Bertino proclaimed March 7, 1987, as Keep Our Waterway ! Clean Day. Mayor Bertino proclaimed the month of February, 1987, as Hadassah Month. I II 3. BIDS - none IJ ! Regular Commission Meeting 1 J ti February 24, 1987 i 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building & Zoning 4. 1 Petitioner: C. K.E. Group, Inc. ; Owner: Michael Rashbaum; property located at 714 So. Federal Hwy. A) PUBLIC HEARING - VA-06-87 - A Variance is requested to allow the construction of a convenience food store/service station with: (a ) 15 pump island setback (30 ' required) , (b) 0 rear yard setback ( 10 ' required ) , (c) 8 parking spaces (15 required ) . i Ed Carcache, of C. K.E. Group, project site engineers representing Southland Corp. , explained the variance request necessitated by D.O.T. planning to take an additional 15 ' from the front of the property to widen Federal Highway. The P&Z Board recommended approval , subject to .1 ) 15 ' pump island setback; 2) 0 ' rear yard setback; 3 ) 8 parking spaces ; and 4 ) garbage enclosure to be worked out with Building Official. Mr. Carcache presented the proposed site plan for the 7-11 store/station, stating that the existing building will be torn down. Mayor Bertino opened the public hearing. Hearing Maria SanJuan, owner of a convenience store located directly behind the proposed site, comment in opposition, expressing the opinion that the property is too small , the gas station would present a hazard to pedestrians , and that a third convenience store within 1000 ' is not necessary, the Mayor closed the public hearing. t After allowing Mr. Carcache to comment further, Mayor Bertino w reopened the public hearing. Hearing Maria SanJuan state that she is not objecting to the gas station, only the third convenience store and the size of the property, the Mayor closed the public hearing. Building Official Maxwell reported that the site plan is to include a concrete garbage enclosure with a roll-down door and explained that this is a self-service station replacing the full-service station that is presently there. Mayor Bertino expressed concern about the safety of a 15 ' pump setback . It was noted that the pumps presently there are closer f than that to the line. During discussion of the rear yard setback, Building Official Maxwell reported that the original request was for a 1 ' setback, but the P&Z Board recommended 0' on the premise that the 1 ' would just collect trash. Mayor Bertino passed the gavel and made a motion to grant the 0 ' rear yard setback and 8 parking spaces portions of the variance request but to require a 30 ' pump island setback and to require the garbage enclosure to be worked out to the Building Official 's satisfaction. The motion was seconded by Commissioner Hirsch. After discussion the motion passed on the following roll call vote : i Commissioner Cook-yes Vice Mayor Byrd-yes Commi SS i onar ui �..�._,..... r=. Fidyor eertino-yes Commissioner McElyea-yes B) SP-02-87 - Approval of a Site Plan is requested for a convenience food store/service station. Mayor Bertino, noting that the site plan would have to be altered with regard to the pump island setback per the requirements of variance (VA-06-87) just approved, asked for clarification of the landscape coverage. Regular Commission Meeting 2 February 24, 1987 � I i Mr. Carcache stated that the landscaping is 24. 2% of vehicular area. Vice Mayor Byrd requested that the site plan be brought back to the Commission after the alterations have been made. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve the site plan (SP-02-87) with the inclusion of the alteration to the required 30 ' pump island setback. During discussion of the motion, Commissioner McElyea said he also would like to see the revised site plan . The motion to approve failed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-no Commissioner Hirsch-yes Mayor Bertino-no Commissioner McElyea-no City Attorney Adler then advised the petitioner that when the site plan is revised it must again be presented to the P&Z Board before coming back to the Commission. 4. 2 Petitioner/Owner: Jonathan J. Carter; property located at NW 1 St. and NW 7 Ave. PUBLIC HEARING - ORDINANCE (second and final reading ) RZ-01-87 - Rezoning request from RD 6000 to C-2 ( . 257 acres ) The title of an ordinance rezoning Lot 21 & 24, Block 30 of 'The Town of Modello ' from RD 6000 to C-2 zoning classification was read for second and final reading by City Attorney Adler. Due to the absence of the petitioner, a motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to continue the w second and final reading of the rezoning ordinance (RZ-01-87) until the next regular meeting scheduled for March 17, 1987. The motion passed unanimously. 4. 3 Petitioner: Charles & Diane McKenna; Owners: Charles & Diane McKenna and Philip & Mary Linsalata; property located on SW 8 St. (dedicated as SW 3 Ave. ) PUBLIC HEARING - -_ VC-03-87 - Request to Vacate alley and maintain easement for alley. Mary Linsalata stepped forward to explain the request to vacate the area between the Linsalata & McKenna homes. It was noted that the "alley" is actually a 25 ' x 135 ' Avenue. The P&Z Board recommended approval, contingent upon approval of City Engineer 's investigation for utility easement. City Attorney Adler said the agenda should have read "adoption of a resolution to vacate" the avenue. Commissioner McElyea suggested putting the city right-of-way up for sale. The I petitioner said that for the past 19 years, they have maintained j and landscaped the property. A motion was made by Vice Mayor Byrd , seconded by Commissioner McElyea to allow the use of this property by the petitioners but to have the city retain ownership. The motion passed on the following roll call vote: i Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes City Attorney Adler advised that the Commission now needs to act I on the resolution to vacate. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to continue the public hearing on the resolution to vacate (VC-03-87) until the next i meeting of March 17, 1987. Regular Commission Meeting 3 February 24, 1987 Ir f � The motion passed on the following roll call vote: is Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-no Commissioner McElyea-no 4. 4 Petitioner: Joel Gustafson; Owner: Coze Cove Marina, Inc. ; , property located at 300 No. Federal Hwy. PUBLIC HEARING - VA-04-87 - A Variance is requested to allow the erection of a j billboard to replace two billboards condemned by the airport expansion. A motion was made by Commissioner Cook, seconded by Commissioner McElyea to continue this item at the petitioner 's request until the next meeting of March 17, 1987. The motion passed unanimously. 4 . 5 Petitioner: Smilen Building Corp. ; Owner: Robert Graf ; property located at 701-719 SE 3 La. PUBLIC HEARING - VA-O7A-87 - A Variance is requested to provide a 15' rear street yard setback (25 ' minimum required) adjacent to SE 4 Ave. , subject to garages and house fronts to abut SE 3 Lane. Commissioner Cook announced that she will abstain from voting on item 4 . 5 as she was the agent on some of the properties . i Jerry Smilen stepped forward to request a variance to allow a 15' rear setback on the 10 lots of Block 5 he purchased for + single family building purposes, stating that he has agreed to have the fronts of all the houses and garages face SE 3rd Lane as recommended by the P&Z Board. Mayor Bertino opened the public hearing. Hearing Hugo Renda speak in opposition and many comments in favor, including several of the new home buyers, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to approve the variance (VA-07A-87) . The motion passed on the following roll call vote : Commissioner Cook-abstain Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-no 4. 6 Petitioner: Smilen Building Corp. ; Owner: Robert Graf ; property located at 701-719 SE 3 La. PUBLIC HEARING - VA-07B-87 - A Variance is requested to allow the construction of homes on lots with a minimum of 5,880 square feet ( 6,000 required ) . i Mr. Smilen explained that the lots were platted more than ten years aqo and that since then, the sinale family lnr Ci2P WAS restricted to 6, 000 sq. ft. He said the houses' he plans to build will all meet the required setbacks and requested a variance for the 7 lots that are less than the required 6, 000 sq. ft. I Mayor Bertino opened the public hearing. Hearing Angelo DiMauro speak in opposition on a 'no hardship ' basis, suggesting that the builder do away with one lot and distribute it to have the l remaining lots comply with the square footage requirement, the ! Mayor closed the public hearing. Regular Commission Meeting 4 February 24, 1987 i j I t During discussion of the expense involved in 'changing the lots to parcels described by metes and bounds, Mayor Bertino reopened the public hearing. Hearing one of the new home buyers comment that most of the lots have already been sold and the hardship exists for the home buyers, and hearing Kurt Ely speak in opposition to putting large houses on 'postage stamp ' lots, the Mayor closed the public hearing. k s Mayor Bertino expressed the opinion that the builder sold I improper lots and should have put the tract in order before selling the lots . Mr. Smilen said he did not know of the 6, 000 sq. ft. lot size requirement until he applied for the building permits . Vice Mayor Byrd expressed the viewpoint that necessitating replatting of the property would place a burden on the potential homeowners and that the housing project as described would add rather than detract from the neighborhood. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to approve the variance (VA-07B-87) . The motion to approve failed on the following roll call vote: i Commissioner Cook-abstain Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-no Commissioner McElyea-no *** (At this time, agenda item 7. 1 was addressed. ) 5. SITE PLAN REQUESTS - none i 6. EXPENDITURE REQUESTS ADDENDUM ITEM: ****6. 1 Request by Police Department to purchase three ( 3) 1987 LTD Crown Victoria police vehicles at a cost of $10, 845 each for a total of $32, 535. City Manager Jewell explained that this is not a budgeted item, since it was traditionally an expenditure from Federal Revenue Sharing funds, but reported that the Police Department 's budget could fund the purchase due to the fact that it has been running three officers short for the past five months and the proper budget revisions will be done in May. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve the expenditure of $32,535 for three 1987 LTD Crown Victoria police vehicles off State Bid . The motion passed j unanimously. ADDENDUM ITEM: 6. 2 Request by Police Department to purchase seven (7) radios and accessories at a cost of $1, 692 each for a total of $11,844. City Manager Jewell recommended approval of this purchase to be expended from the General Contingency Fund. A motion was made b_v Commissioner Cook . seconded by Vice Mavnr Byrd to approve the expenditure of $111844 from the Contingency Fund for the Police Department purchase of seven radios and accessories. The motion passed unanimously. I 7. SPECIAL REQUESTS *** 7. 1 Request by Broward County to waive replatting procedures and filing fee for the vacation of four parcels lying within the City of Dania . (Continued from 2/10/87) 4' LCity Attorney Adler reported that the legal descriptions have ;I all been verified and approved by the City Engineer and that the Regular Commission Meeting 5 February 24, 1987 I I n � 1 County 's request to waive replatting procedures and filing fee before taking the vacation requests to the P&Z Board is in order and recommended approval . i City Manager Jewell reported that the fifth parcel, omitted at the last meeting because of a problem with the legal description, is now to be included again, the problem having been resolved. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to approve the request for the five parcels . City Manager Jewell explained that all the properties are located west of the realigned U.S. 1 inside the airport ' loop ' . Steve Peters, Assistant Director of Administration of the Airport Expansion Project, mentioned that these roads are all owned by Broward County and really have to be vacated because of the new Florida East Coast Railroad right-of-way. Mayor Bertino questioned whether the city would be giving up any possible leverage in the future as far as airport reconstruction is concerned. City Manager Jewell said the vacation request will be back before the Commission after the P&Z Board hears it and he would discuss that question with City Attorney Adler and Mr. Mooney in the interim. The motion and second were then withdrawn and a motion to refer the vacation request to the Planning and Zoning Board was made by Commissioner Cook and seconded by Commissioner McElyea. The motion passed unanimously. 7. 2 Consideration of proposed engagement letter from Touche Ross to ror conduct audit for the fiscal year 1986/87. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to approve the engagement of Touche Ross as the City is auditors for the 1986-87 fiscal year. City Manager Jewell called attention to the fact that the proposed fee is $2500 more than the previous year. After discussion of the need for justification for the increase, the motion and second were withdrawn. Commissioner Cook suggested that a representative of Touche Ross appear before the Commission. A motion was then made by Vice Mayor Byrd, seconded by Commissioner McElyea to continue consideration of the Touche Ross audit proposal until the next meeting of March 17, 1987. The motion passed unanimously. i ADDENDUM ITEM: ** 7. 3 Request by Dania Women 's Club to add a storage shed onto the existing building on city property. Barbara Bertino, Treasurer of the Dania Women 's Club, explained that the Women 's Club intends to place aluminum or fiberglass siding on the clubhouse and at the same time would like to build a utility shed on the southwest side of the property. As the WOmen 'g ( liih Nunc the building anti the City Owns the land, Commission approval is requested to place the shed on the land. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to approve the Dania Women's Club's request . The motion passed unanimously. ADDENDUM ITEM: * 7.4 Request by Olsen P.T.O. for support from City Commission V regarding a resource officer on Olsen campus. A Roxanne Knight. p Appearance by Regular Commission Meeting 6 February 24, 1987 i I i rRoxanne Knight reported per a P.T.O. meeting held at Olsen School, it was unanimously voted in to put on the campus. She said that the feasibilityoofc having car f Dania police officer assigned to the school was discussed, but since there is no one who has gone through the resource officer training program, and since there seems to be a manpower 4 shortage right now, they elected to have a B.S.O. officer at this time and requested a letter of support rom I' Cissio to present when they appear before the SchoolBoardetoomm requestn the resource officer. Carol Andrews, liaison for the Broward Sheriff 's Office School k Resource Officer Program, described the qualifications and functions of a resource officer and the ways the program would benefit the school children, and asked for the Commission 's endorsement. Police Chief Thivener commented that the city's present budget does not include a resource officer through the Police Department, but he expressed the desire to be able to place a Dania police officer in the school . He acknowledged the fact j that right now he has no one certified, but stated that a project is underway to develop a resource officer training school at the police academy at B.C.C. Police Chief Thivener said he would be asking for a full time person and suggested that he could pull a person within the P.D. to the position in the interim. Commissioner McEl ea y questioned manpower availability. Vice Mayor Byrd spoke in favor of going with the cooperative resource officer program already in place between the Broward Sheriff 's Office and the School Board with the certification procedure already set u p, and n tht it would be wasteful for the City eofrDania toessed e try ltooduplicate a program that is already working well in action. Commissioner Cook suggested asking the B.S.O. to ovide a until such time as a Dania police officer could berproperlyman trained as a resource officer. In response to questions by Commissioner Hirsch, Miss Knight said the P.T.O. is only interested in obtaining the best resource officer program for the children, no matter who provides it. She expressed thanks to Officers Kronus and Lerman for doing a fine job at Olsen School, but said a resource officer program is needed now. She mentioned that at the P.T.O. meeting some Dania parents objected to paying the cost of having a Dania officer there since some students are from Hollywood. Mrs. Andrews explained that the program is offered through the County and paid for by all county taxpayers. After discussing the qualifications and duties of the resource officer, Commissioner McElyea said he felt Dania citizens should not have to pay for Hollywood students, and commented in favor of the County program. I Sheriff Navarro explained the program's origin and said he is I not trying to take over the City of Dania, its Police Department or schools , and that he is offering the citizens of Dania a i be-nefit that they are alread y paying for as county taxpayers, and that his only concern in this matter is the children 's welfare. He offered complete cooperation with the Dania Police Department regarding copies of reports, etc. { favor of giving the children the opportu Mayor Bertino opened a public hearing. Gloria Daly spoke in nity to develop a one on one relationship with the Dania police officers in elementary Bchools.S.O. 'sas well programais middle good, butschools, Daniaand shouldcommented involved. Kurt s Regular Commission Meeting 7 f � February 24, 1987 3 I 1 l 71 , Y i i f Ely spoke against "reinventing the wheel , " commenting that the Sheriff 's Dept . has a fine program and, if there is money to hire a police officer, use him to fight crime in the city's streets. Paula Stevenson commended the Dania police officers and commented that, if Dania can get a resource program going 4 later on, fine, but it really is needed right now. Mayor Bertino closed the public hearing. Mayor Bertino commented that the school is not out of control , but the resource officer program is needed now. He suggested asking the Police Chief to pursue the concept of having an ' officer from the Dania Police Department start the screening and training process and in the interim utilize the Sheriff 's Office for the remainder of this year. In response to Vice Mayor Byrd 's comment that if there is money to spend on a resource officer in Dania, it should be given to the paramedics, firemen and policemen and it should not come down to "turf" terms, Mayor Bertino said his suggestion is to go with the B.S.O. program now, have the Police Chief screen his officers to see if any would like to take part in the program, research the program and then take a look at it next budget year. 1 After further discussion, a motion was made by Vice Mayor Byrd , j seconded by Commissioner Hirsch, to support the Olsen P.T.O. in their resource officer program to the extent of supporting the immediate employment of a resource officer for Olsen Middle School . The motion passed unanimously. (At this time, Addendum agenda item 7. 3 was addressed . ) ADDENDUM ITEM: (Addressed after Addendum agenda item 6. 2. ) 7. 5 Request by Island Water Sports at 603 East Dania Beach Blvd. for approval to install a 16 ' cold air balloon system on the roof from March 6 through April 6, 1987. Appearance by Greg Glover. i As Mr. Glover was not in attendance, a motion was made by Vice Mayor Byrd, seconded by Commissioner Cook to continue this item until the next meeting of March 17, 1987. The motion passed 4-1, Commissioner Hirsch opposing. 8 . APPOINTMENTS — none 9. DISCUSSION (Addressed after agenda item 7. 2) 9. 1 Discussion regarding letter from Floyd V. Hull , Jr. requesting support of bill entitled "An act relating to negligence. . . " City Manager Jewell explained that Mr. Hull is requesting the Commission 's support of a bill that will be introduced in the State legislature by Representative Sanderson which will exempt volunteers involved in non—profit activities, such as Federal Little League Baseball, from liability. i A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to endorse the bill as requested . The motion passed unanimously. i i **** (At this time Addendum aqenda item 6. 1 was addressed. ) 10. CITIZENS ' COMMENTS (Addressed after Addendum agenda item 7. 5 . ) 10. 1 Mrs. Morse to speak regarding the excavation of lake by Ocean tt Waterway Mobile Home Park. s Mayor Bertino described action taken to date per the telephone calls received advising the Commissioners of the problem and said he has asked Building Official Maxwell to contact the E.P.A. and other agencies. M1 1 Regular Commission Meeting 8 February 24, 1987 ' 1 I i Commissioner Cook read a petition signed by 243 of the Ocean Waterway Mobile Home Park requesting that the City Commission correct the situation that exists on the south side of their {{{ property caused by the trucks that are creating noise, dust and f other unpleasant nuisances. She mentioned that Michael Thomas I had told her he no longer owns that property. Mrs. Morse registered a complaint that excavation and dredging have been going on for over a year and the last three to four weeks living conditions have been made intolerable due to the 1 fact that there is no muffler on the equipment . She described the status of her efforts with the Police Department and environmental regulatory agencies and noted after investigation of the situation it was reported that the decible reading has been over 70. i' Kathy Kelly, President of the Park Association, expressed appreciation to Mayor Bertino, Vice Mayor Byrd and Commissioner Cook for their efforts to date. Expressing concerns about the flying sand and water table and general health hazards, she appealed to the Commission to provide a solution to the problem. Building Official Maxwell reported that he had contacted the Environmental Quality Control Board and the decible reading on the dredging was verified as going up to 70. He said he contacted the dredge operators this afternoon and was assured that they would not operate the dredge again until the new muffler was installed on the dredge, and also said they would stop operating on week-ends and their hours of operation will be 7: 00 a.m. to 4: 00 p.m. Monday through Friday only. } Al Spies commented on the unhealthy condition of their water and r City Manager Jewell said he will take water samples for testing by the Health Department. i City Manager Jewell also asked representatives of the Park ` Association to contact him the next day so he could arrange a meeting with those representatives and Mr. Thomas on Thursday or Friday of this week. He mentioned that at a previous meeting t oftherCityoEngineer's1ng office, cial Mr. Thomaslgavedno indicationtive that he does not own the property. During further discussion, Bo Donly spoke on Mr. Thomas ' behalf and assured the park residents that the problems can be amicably resolved. One of the residents brought up the point that no fence or other means to protect against a drowning exists between the property of the Ocean Waterway homes and this pit. After lengthy discussion, Mayor Bertino summarized that the noise problem is resolved, water and sand samples will be taken, and the blowing sand and fence problems should be settled at the meeting with Mr. Thomas. 10. 2 Mr. Bob Mikes to speak regarding the airport expansion. Mr. Mikes stepped forward to comment that after conversations ' with the Griffin Civic Group, the need for some decisions to be made regarding the airport expansion ; c He suggested a neighborhood committee be a C`with professional appointed and supplied P people such as attorneys and airport j representatives and that the committee be authorized to do independent noise studies and air quality tests, noting the need i to monitor the south terminal area regarding fumes. The Commission generally supported the idea of a TAC committee i (Technical Advisory Committee ) and it was agreed that each Commissioner would appoint two persons to this TAC committee, taking selection recommendations from Mr. Mikes Regular Commission Meeting y February 24, 1987 i r; 11 . ADMINISTRATIVE REPORTS 11. 1 City Manager Jewell requested an executive session as soon as possible. The executive session was scheduled for Wednesday, February 25, 1987, at 4:00 p.m. f 11. 2 City Attorney Adler reported that the City Manager and Personnel Director would like to hire the labor experts, Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick for the labor negotiations . A motion was made by Vice Mayor Byrd, seconded by Commissioner McElyea to authorize Administration to retain the firm of Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick. The motion passed unanimously. 12. COMMISSION COMMENT 12. 1 Commissioner Cook congratulated Carl Zenobia on the birth of his grandson. 12. 2 Commissioner Hirsch - no comment. 12. 3 Commissioner McElyea congratulated Officer Darby on his promotion to Sergeant. ` 12. 4 Vice Mayor Byrd commented on the upcoming National Conference of Black Mayors in April and made a motion that the City take out ,r an ad not to exceed $300 and provide other non-financial support to the National Black Mayors Association. The motion was seconded by Commissioner Cook and passed unanimously. 12. 5 Mayor Bertino - no comment. i This Regular Commission Meeting was then adjourned. i MAYOR-COMMI S'IO ER CITY CLERK-AUDITOR i i i i , L Regular Commission Meeting 10 February 24, 1987 FORM 4 DATE O( 3H VOTE OCCURRED: MEMORANDUM OF VOTING CONFLICT - February 24, 19 87 PART A Cook Jean 305-920-7684 Name:-- Telephone: �LAs-r� (FIRST) (MIDDLE) fA/C) (NUMBER) 46 SW First Ave, Dania, Floriva t ---_-,......,33004 - - _ Broward Address: ---- - - - ----__ .. _____._ .__----_. .--- --------- (STREET) (CITY) (ZIP CODE) (COUNTY) PART B j 1 Agency is a unit of [check one] : ( 1 State of Florida; (x 1 County,City or other Political Subdivision E E Name of Agency: City of Dania E ity Commissioner Position held in Agency: C-- — ) PART C -- j MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(1975)) E j If you have voted in your official capacity upon any measure in which you had a personal,private,or professional interest which inures to j your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below, i i i, 1. Description of the matter upon which you voted in your official capacity:—2uhac-lie,�i na 7A-07A-87 a va4Vanre i c t requested to allow the ctastruction of homes on lots with a minimum of 5,880 square feet d j 7 (6,000 required) I j f 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or r "• the special private gain of any principal by whom you are retained:---_-__.-----_ --_—_— j Real Estate Broker for seller of the property. A real estate commission shall he y I paid to Jean Cook Realty, Inc. upon consummation and closing of the sale of the property. f I i t i 1 3. Person or principal to whom the special gain described above will inure: a. ( 1{ Yourself b. ( 1 Principal by whom you are retained: (NAME) PART D j ! I S FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) clays following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes. This form need not be j filed merely to indicate the absence of a voting conflict. Florida law permits but does not requue you to abstain from voting when a conflict j of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. I PART E SIONATURE OF PERSON DISCLOSING _ DATE S16A ED NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEEDS5,000. CE FORM 4. EFF, 1/1/77 i I ("�'l FORM 4 1 DATE CJ 7H VOTE OCCURRED: MEMORANDUM OF VOTING CONFLICT I _ EB _ is P .7 - - - I PART A p Name: �L7/Ci_-.. _.. < ------ ------------ — Telephone: Us I LAS 1 (FIRST) (MIDDLE) (A/C) (NUMBER) /_ 2 �/ Address: __ _ _... (STREET) (CITY) (ZIP CODE) (CD NT UNTY)V) i PART B j Agency is a unit of [check one] : ( 1 State of Florida; OLA County,City or other Political Subdivision I n I Name of Agency: -- :r" ±] - Position held in Agency PART C 1 MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes 1112.3143(1975)] 1 If you have voted in your official capacity upon any measure in which you had a personal, private,or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest ( below. i Public liearing-VA-07A-87- A variance j 1. Description of the matter upon which you voted in your official capacity:_._ _________—__ I is requested provide a 151 rear street yard setback (25' minimum required) adjacent to SE 4 Ave. , subject to P 7 garages and house fronts to abut SE 3 Lane, ------------------------------------------------- 2. Description of the personal, private, or professional interest you have In the above matter which inures to your special private gain or f the special private gain of an principal by whom you are retained �^ !�G(,,{�__� .�1LK�---- �G['iL/_�.- `�_ ✓�,CtrG�vl__C�__.��r-L�1-C� i w ] >. p i ({ 3. Person or principal to whom the special gain described above will Inure: ' a. (YQ Yourself b. ( 1 Principal by whom you are retained:-_ -- --_ _ I _. . (NAME) I y t PART D FILING INSTRUCTIONS This memorandum must be filed within fifteen 1151 days following the, meeting during which the voting conflict occurred with the person � responsible for recording the minutes of the, meeting, who shall incorporate the memorandum in the meeting minutes. This farm need not be 1 filed merely to indicate the absence of a voting conflict. Florida law permits hot does not require you to abstain hom voting when a conflict of interest arises; if you vote, however, the conflict must be dI501OSed pursuant to the regwrements described above. a PART E elkr / - - -- -- - - SIG NATIJ RE OF PERSON DISC LOSING DATE SIGNt1Y NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE i OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED S5,000. CE FORM 4- EFF, 1/1/77 V , AGENDA DANIA CITY COMMISSION REGULAR MEETING FEBRUARY 24 , 1987 i 8 : 00 P.M. i INVOCATION PLEDGE OF ALLEGIANCE ROLL. CALL PRESENTATIONS - Appearance by Sheriff Nick Navarro with regard to Mutual Aid Agreement. 1. CONSENT AGENDA Minutes 1 . 1 February 10 , 1987, Regular Meeting 5 Bills 1. 2 As paid for the month of December, 1986 1 . 3 As paid for the month of January, 1987 C Administrative Resolutions 1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AN AMENDMENT TO THE EMPLOYEE HEALTH BENEFIT PLAN AND SCHEDULE OF PARTIES TO THE PLAN AS APPROVED BY RESOLUTION NO. 22-86 ON MARCH 25 , 1986; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF w SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " I Administrative Ordinances (First Reading) - none Building 6 Zoning Ordinances ( First Reading) - none 2. PROCLAMATIONS 2 . 1 "Keep Our Waterway Clean Day" - March 7, 1987 ` E 3. BIDS - none 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building 6 Zoning Property located at 714 South Federal Highway 4 . 1 Petitioner - C. K. E. Group, Inc. ; Owner - Michael Rashbaum; A) Public Hearing - VA-06-87 - A variance is requested to allow the ( construction of a convenience food store/service station with: 1 (a) 15 ' pump island setback (30 ' required) , (b) 0 rear yard setback (10 ' required) ; ( c) 8 parking spaces ( 15 required ) . j B) SP-02-87 - Approval of a site plan is requested for a convenience food store/service station. I I I 1 nF 'I -- - t I L� x .fK i ; 4. 2 Petitioner/Owner - Jonathan J. Carter; property located at NW 1 Street and NW 7 Avenue. G Public Hearing - RZ-01-87 - Rezoning ordinance ( second and final reading) "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE t FOLLOWING DESCRIBED LANDS , TO-WIT: LOT 21 AND 24 , BLOCK 30 OF "THE TOWN OF MODELLO" ACCORDING TO THE PLAT THEREOF, AS RECORDED 111 IN PLAT BOOK B , PAGE 49 , OF THE PUBLIC RECORDS OF DADE COUNTY, �. FLORIDA. SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA, FROM 1 ZONING CLASSIFICATION OF RD 6000 TO C-2 ZONING CLASSIFICATION fl UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS 3 OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN I CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " j jj 4. 3 Petitioner - Charles & Diane McKenna; Owners - Charles & Diane McKenna and Philip & Mary Linsalata; property located on SW 8 Street , (dedicated as SW 3 Avenue) Public Hearing - VC-03-87 - Request to vacate alley and maintain easement for alley. i t 4 . 4 Petitioner - Joel Gustafson; Owner - Coze Cove Marina, Inc. ; property located at 300 North Federal Highway Public Hearing - VA-04-87 - A variance is requested to allow the erection of a billboard to replace two billboards condemned by the airport expansion. 4 9 4. 5 Petitioner - Smilen Building Corp. ; Owner - Robert Graf; 3 property located at 701-719 SE 3 Lane �. Public Hearing - VA-07A-87 - A variance is requested to provide a 15 ' rear street yard setback ( 25' minimum required) ! adjacent to SE 4 Avenue , subject to garages and house fronts to abut SE 3 Lane . 4. 6 Petitioner - Smilen Building Corp. ; Owner - Robert Graf; property located at 701-719 SE 3 Lane Public Hearing - VA-07B-87 - A variance is requested to allow the construction of homes on lots with a minimum of 5 ,880 a.^ square feet ( 6 ,000 required) . 5. SITE PLAN REQUESTS - none 6. EXPENDITURE REQUESTS - none 7. SPECIAL REQUESTS [ 1 7. 1 Request by Broward County to waive replatting procedures and filing fee for the vacation of four parcels lying within the City of Dania. (Continued from 2/10/87) 7. 2 Consideration of proposed engagement letter from Touche Ross to conduct audit for the fiscal year 1986/87. 8. APPOINTMENTS - none 2OF 3 I i i ---- _ _ _...._.. .,. .. :�. . . _____,_,,,,,.,•„may ' v ; z + 7" i i y �f 9. DISCUSSION - 9 . 1 Discussion regarding letter from Floyd V. Hull , Jr. requesting support of bill entitled "An act relating to negligence. . . " 10. 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) 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. "Emergencies may be given to the Mayor, a City Commissioner or the City Manager prior to the beginning of the f meeting. i 11. ADMINISTRATIVE REPORTS j 11. 1 City Manager 11. 2 City Attorney 12. COMMISSION COMMENTS 12. 1 Commissioner Cook 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12.4 Vice Mayor Byrd 12. 5 Mayor Bertino ---------------------------------------------------------------------- j 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 i w MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL j IS TO BE BASED. 1 i i f i i 3 OF 3 i 1 ,xF F 4 � ' v , Y Y^ j i i ADDENDUM DANIA CITY COMMISSION REGULAR MEETING ' FEBRUARY 24, 1987 8:00 P.M. 6. EXPENDITURE REQUESTS 6. 1 Request by Police Department to purchase three (3 ) 1987 LTD Crown Victoria police vehicles at a cost of $10 ,845 each for a total of $32,535. 6 . 2 Request by Police Department to purchase seven (7 ) radios and accessories at a cost of $1 ,692 each for a total of $11 ,844 . 7 . Special Requests (cont' d ) t 7. 3 Request by Dania Woman ' s Club to add a storage shed onto the existing building on city property. I 7.4 Request by Olsen P.T.O. for support from City Commission regarding a resource officer on Olsen campus. Appearance by Roxanne Knight I I 7. 5 Request by Island Water Sports at 603 East Dania Beach Boulevard for approval to install a 16 foot cold air balloon system on the roof from March 6 through April 6 , 1987 . Appearance by Greg * Glover I j i i I I i F i I I x I t. J •x . .e i yk rYi}�� KL Y �7 1 r(t+fi4�.�Ri d d� E, 1�Mf1, d C i � M aFy CITIZENS' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING FEBRUARY 24, 1987 8:00 P.M. 1. Mrs. Morse to speak regarding the excavation of lake by Ocean Waterway Mobile Home Park. 2. Mr. Bob Mikes to speak regarding the airport expansion. I i I bwa.A! 1 , � M1 to x? rt i r a Sb f - .Y rM1 k x i xs 'fr4rvjt�tt�s�