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MINUTES
DANIA CITY COMMISSION
REGULAR MEETING
OCTOBER 23, 1990
INVOCATION BY WANDA MULLIKIN
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PLEDGE OF ALLEGIANCE f
ROLL CALL:
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Present:
3 Mayor: Charles McElyea
Vice Mayor: Bob Mikes
Commissioners: Jean Cook
Bobbie Grace
John Bertino
City Attorney: Frank Adler
City Manager: Robert Flatley i
City Clerk: Wanda Mullikin
1 PRESENTATIONS j
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*City Attorney Adler read a letter from Principal Carole Stanier �
of Dania Elementary expressing appreciation to the City
Commission for their support in attempting to obtain school
flashing lights across Federal Highway.
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Beulah Lair and Roxanne Knight stepped forward to express
appreciation to all of the Commission, governmental individuals ,
BSO, parents and students who have been supportive in their
efforts to obtain school flashing lights for Dania Elementary.
*B. S .O. Deputy of the Month
Captain Carney informed the Commission that Deputy Louis Bautista
has been chosen as Deputy of the Month. Captain Carney described
Deputy Bautista' s outstanding performance in the area of felony
and misdemeanor arrests and mentioned his expertise in obtaining
information relating to stolen merchandise due to his knowledge
of the Dania community. Captain Carne} then presented Deputy
Bautista with the Deputy of the Month Award .
Captain Carney reminded the Commission and audience of the
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barbecue planned for Saturday, October 27 at 6: 30 p.m. at City
Hall acknowledging "Red Ribbon Week" . Captain Carney expressed
appreciation to the Dania Chamber of Commerce and Optimist Club
for their contributions for this event and presented Certificates
of Appreciation to both organizations .
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Kurt Ely, on behalf of the Chamber of Commerce, accepted the
Certificate of Appreciation acknowledging their efforts in the }
"Red Ribbon Week" campaign that started in Dania one year ago and
is now statewide .
Vincent Carroll , on behalf of the Dania Optimist Club, accepted f
the Certificate of Appreciation for his organization.
Captain Carney acknowledged Custom Screening for designing the
buttons used for the "Red Ribbon" campaign and for supplying them
to BSO at cost .
Captain Carney mentioned a Crime Watch meeting scheduled for
Thursday, October 25 at 6 : 30 p.m. at City Hall with the Melaleuca I
Gardens residents.
REGULAR MEETING 1 OCTOBER 23, 1990 `
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City Manager Flatley stated that the Open House that is scheduled i
on Saturday, October 27th at 6 : 30 p.m. is in cooperation with the E
I BSO events and welcomed all Dania residents to attend in an b
effort to meet the residents from the proposed annexation area.
Mr. Flatley stated that City Offices will be open to respond to
any questions that residents may have in relation to the proposed
annexation. Mr. Flatley mentioned that BSO will entertain the
participants with a helicopter landing, K-9 Unit display and
robot Deputy Wendy will be available for the children.
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Kurt Ely stepped forward to request Commission assistance to keep
the four-way and three-way stop signs in the City as the Broward
County Environmental Control Board is proposing to do away with
them to deter air pollution.
1 Vice Mayor Mikes mentioned that the EQCB is proposing the removal
of these stop signs not for air pollution reasons but to increase
road capacity by forcing more traffic through interior road
systems that will allow more construction and development. .
PULLED FROM THE CONSENT AGENDA
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Commissioner Grace requested items 1 . 3, 1.6. and 1.7, Commissioner
Bertino requested item 1.5 and Vice Mayor Mikes requested item
1.4 be removed from the Consent Agenda.
1. CONSENT AGENDA
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Minutes
1 .1 October 9 , regular meeting y
1 . 2 October 9, workshop meeting
A motion was made by Commissioner Bertino, seconded by
a Commissioner Cook to approve the Consent Agenda as read
by City Attorney Adler.
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
ITEMS PULLED FROM CONSENT AGENDA
1. 3 City Attorney Adler read the title of the
resolution authorizing the City of Dania to begin the I
necessary legal process to cause the Broward County I
Aviation Department to release the data used to
generate the 1995 Noise Contour Lines and the single
event profiles . (Vice Mayor Mikes)
City Manager Flatley explained that a request was made
to the Broward County Aviation Department for release
of the data used to establish the estimated 1995, 65
Ldn Contour Lines and single event profiles in
reference to the Airport South Runway Expansion. Mr.
Flatley mentioned that Attorney Ed Curtis , the City ' s
consulting attorney, felt that the response from the
Broward County Aviation Department only explained the
methods utilized to create the contours but did not
address the underlying factual basis .
Vice Mayor Mikes reported that he has obtained
information that the Senate has included in their
current budget bill a bill which would basically pre-
empt all local noise controls regulations . Vice Mayor
Mikes expressed the adverse effects that this bill
would have to the Dania residents impacted by the
airport expansion if it passes.
REGULAR MEETING 2 OCTOBER 23, 1990
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i Commissioner Grace suggested that a committee be
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organized to include Dania residents to be involved in
q attending meetings regarding the airport expansion.
The Commission generally agreed to reactivate the
members that have been appointed to the Airport
Committee and to possibly consider reappointing any
residents who may have expertise in this area to assist €
the City in this political struggle.
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Vice Mayor Mikes commented on the importance that this
expansion has on the future tax base and resident
impact to the City of Dania and mentioned that citizen
involvement has been requested in accordance with the
public meeting scheduled November 1 with the County and
State Officials regarding this subject .
Vice Mayor Mikes recommended adoption of this E
resolution and to direct the City Attorney to work with ;.
the consulting attorney, Ed Curtis, and the City i
Manager in obtaining this requested information prior
to the public meeting on November 1 .
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A motion was made by Commissioner Cook, seconded by
_,. Commissioner Bertino to adopt the resolution.
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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AT THIS TIME, ITEM 4.1 WAS HEARD
1 . 4 City Attorney Adler read the title of the
resolution congratulating Broward County, Florida , on
its 75th Birthday.
j Vice Mayor Mikes requested to add language to the
resolution referring to Dania as the founding City of
Broward County.
City Attorney Adler stated that he will include {
language to this effect in the first "WHEREAS" in the
resolution. }{�
A motion was made by Commissioner Cook, seconded by
Commissioner Bertino to adopt the resolution as
amended.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
1 . 5 City Attorney Adler read the title of the
resolution approving that certain Clean Florida
Commission Litter Prevention Grant Application; and
directing the appropriate City Officials to execute
said grant application.
Commissioner Bertino mentioned that he has reviewed the
conditions to this grant with the City Manager and
feels the City should be able to meet all requirements .
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" 1 REGULAR MEETING 3 OCTOBER 23, 1990
City Manager Flatley mentioned that the City can apply
for this grant and use an in-kind match for funds and
that the City would not have to come up with cash as
the application suggested. City Manager Flatley
mentioned the items that could be applied for in this
grant and mentioned that he is awaiting cost
information.
{ A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to adopt this resolution.
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The motion passed on the following roll call vote :
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Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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1 . 6 City Attorney Adler read the title of AN ORDINANCE
OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF
DANIA CERTAIN PROPERTIES DESCRIBED AS ALL THAT PART OF
THE WEST ONE-HALF (W1/2) OF THE SOUTHWEST ONE-QUARTER
(SW1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION
20 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING NORTH OF
THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 84 (200 FOOT
RIGHT-OF-WAY) , LESS THE FOLLOWING DESCRIBED PARCELS :
BEGINNING AT THE NORTHEAST CORNER OF THE SAID WEST ONE-
HALF (W1/2) OF THE SOUTHWEST ONE-QUARTER (SW1/4) OF THE
NORTHEAST ONE-QUARTER (NE1/4) OF SECTION 20; THENCE
SOUTHERLY ALONG THE EAST LINE OF SAID WEST ONE-HALF � -
(W1/2) OF THE SOUTHWEST ONE-QUARTER (SW1/4) OF THE
NORTHEAST ONE-QUARTER (NE1/4) OF SECTION 20, A DISTANCE
OF 123. 52 FEET; THENCE WESTERLY, MAKING AN INCLUDED
i ANGLE OF 90 ' 05 ' 43" , A DISTANCE OF 515. 09 FEET; THENCE
NORTHERLY, MAKING AN INCLUDED ANGLE OF 90 ' 00 ' 00" , A
j DISTANCE OF 139. 59 FEET TO A POINT ON THE NORTH LINE OF
THE SAID WEST ONE-HALF (W1/2) OF THE SOUTHWEST ONE-
QUARTER (SW1/4) OF THE NORTHEAST ONE-QUARTER (NE1/4) OF
SECTION 20; THENCE EASTERLY ALONG SAID NORTH LINE, A
:�. DISTANCE OF 515. 54 FEET TO THE POINT OF BEGINNING; AND
ALSO LESS: COMMENCING AT THE INTERSECTION OF THE WEST
LINE OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION ,
20 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, AND THE NORTH
RIGHT-OF-WAY OF STATE ROAD 84; THENCE NORTH 75 ' 39 ' 20"
EAST, ALONG AN ASSUMED BEARING ALONG THE NORTH RIGHT-
OF-WAY OF STATE ROAD 84 , A DISTANCE OF 599. 50 FEET TO I
THE POINT OF BEGINNING; THENCE CONTINUE ALONG AFORESAID
COURSE 35 FEET TO A POINT; THENCE NORTH 0 ' 04 ' 00" WEST,
A DISTANCE OF 30 FEET TO A POINT; THENCE SOUTH !!!i
75 ' 39'20" WEST, A DISTANCE OF 35 FEET TO A POINT, .
THENCE SOUTH 0 ' 04 ' 00" EAST, A DISTANCE OF 30 FEET TO ;
THE POINT OF BEGINNING; SAID LANDS SITUATE, LYING AND
BEING IN BROWARD COUNTY, FLORIDA; TOGETHER WITH ANY e
INTEREST OF PETITIONERS/OWNERS IN ADJACENT PUBLIC
RIGHT-OF-WAY; PROVIDING FOR FILING OF COPIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
City Manager Flatley mentioned that effective July 7th
the bill annexing the land west of the City was passed
and stated that property owners on the northside of
State Road 84 have requested voluntary annexation.
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to adopt this annexation ordinance
on first reading.
REGULAR MEETING 4 OCTOBER 23, 1990
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The motion passed on the following roll call vote:
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Commissioner Bertino-yes Vice-Mayor Mikes-yes
j Commissioner Cook-yes Mayor McElyea-yes
{ Commissioner Grace-yes
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{ 1. 7 City Attorney Adler read the title of AN ORDINANCE
i OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE CITY OF [
DANIA CERTAIN PROPERTIES DESCRIBED AS A PARCEL OF LAND
IN THE WEST ONE- HALF (WY2) OF THE EAST ONE-HALF MY OF
j THE SOUTHWEST ONE-QUARTER (SW%) OF THE NORTHEAST j
g ONE-QUARTER (NEa) OF SECTION 20 , TOWNSHIP 50 SOUTH,
RANGE 42 EAST, BROWARD COUNTY, FLORIDA, MORE FULLY
j DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER
OF THE SAID WEST ONE-HALF (WY OF THE EAST ONE-HALF
(EY2) OF THE SOUTHWEST ONE- QUARTER (SWa) OF THE
NORTHEAST ONE-QUARTER (NEa) OF SECTION 20; THENCE
SOUTHERLY ALONG THE WEST LINE THEREOF, A DISTANCE OF
300 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
{ SOUTHERLY ALONG THE SAID WEST LINE, A DISTANCE OF 50
FEET; THENCE NORTHEASTERLY MAKING AN INCLUDED ANGLE OF
75032 ' 44" , A DISTANCE OF 203 . 32 FEET; THENCE SOUTHERLY
MAKING AN EXCLUDED ANGLE OF 75029 ' 52" , A DISTANCE OF
f 150 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
STATE ROAD NO. 84; THENCE NORTHEASTERLY, ALONG SAID
RIGHT-OF-WAY LINE, MAKING AN INCLUDED ANGLE OF
7502915211 , A DISTANCE OF 140 FEET; THENCE NORTHERLY
MAKING AN INCLUDED ANGLE OF 104030 '08" , A DISTANCE OF
200 FEET; THENCE SOUTHWESTERLY MAKING AN INCLUDED ANGLE
OF 75' 29 ' 52" , A DISTANCE OF 343 . 38 FEET TO THE POINT OF
BEGINNING; SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA; TOGETHER WITH ANY INTEREST OF
PETITIONERS/OWNERS IN ADJACENT PUBLIC RIGHT-OF-WAY; AND
j PROVIDING FOR FILING OF COPIES; AND PROVIDING FOR AN
EFFECTIVE DATE.
1 A motion was made by Commissioner Grace, seconded by
Commissioner Cook to adopt this annexation ordinance on
�• 1 first reading.
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The motion passed on the following roll call vote: ..
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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2. PROCLAMATIONS- none €
3. BIDS
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3.1 City Manager Flatley recommended to award the bids s
received on the sprinkler system at the cemetery to
W.A. Brook & Sons in Dania in the amount of $22 , 022 . 00.
Mr. Flatley mentioned that W.A. Brook and Sons is the
lowest bidder as the are donating the i Y g pump at a cost f
of $3, 800 and waiving the deposit of $1.1 , 000 requested E
prior to beginning the job.
A motion was made by Commissioner Bertino, seconded by
Commissioner Cook to award the bid to W.A. Brook & Sons
on the sprinkler system at the Dania Memorial Park
Cemetery.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
REGULAR MEETING 5 OCTOBER 23, 1990
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AT THIS TIME, THE COMMISSION HEARD ADDENDUM ITEM 7.5
4. PUBLIC HEARINGS AND OTHER RELATED MATTERS
ITEM 4.1 WAS HEARD AFTER ITEM 1 .3
4 . 1 City Attorney Adler informed the Commission of a {
j variance request by Bruno Laurenti to allow the
j erection of a 6 ' fence in the front yard (4 ' maximum
permitted) for property located at 243 SE 5 Street .
�� (Continued from October 9 , 1990)
I A motion was made by Commissioner Bertino, seconded by �!
Commissioner Cook to continue this variance request
(VA-49-90) until the next regular meeting of November
13, 1990.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
AT THIS TIME, THE COMMISSION RETURNED TO ITEM 1 .4
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ITEM 4.2 WAS HEARD AFTER ITEM 7.5
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4 .2 City Attorney Adler informed the Commission of a
variance request by Golden Communications to allow the
erection of an advertising sign 60 ' in height (35 ' is
permitted) for property located at 3101 SW 26 Terrace .
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Attorney Andrew Blasi stepped forward to represent
Golden Communications in this variance request . Mr.
aBlasi reminded the Commission that a 35 ' sign is
i permitted in accordance with the annexation agreement I
entered into between Dania and his clients back on
April 25, 1989 .
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Mayor McElyea opened the public hearing. Nadine S.
Jones , representing the Broward County Aviation
Department , stepped forward to oppose this variance
d request as the County will be going thru the proper
legal process to condemn and acquire this property
sometime in April 1991 . Mr. Hugo Renda expressed
opposition to the city granting this variance request .
Faye Bartelmes expressed approval of granting this j
variance request . Mr. Dan Hart , owner of Golden
Communications, expressed approval of this variance as
he has met all safety and legal requirements and
mentioned that the County may not go forward with their
plans for an extended period of time. Hearing no
further comments , the Mayor closed the public hearing. F
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A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to grant approval of variance
request VA-56-90 as requested by Golden Communications
to allow the erection of an advertising sign 60 ' in
height for property located at 3101 SW 26 Terrace. E
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-no
Commissioner Cook-abstained Mayor McElyea-yes
Commissioner Grace-yes
9 . 3 City Attorney Adler informed the Commission of a
variance request by Trafalger Associates of Sheridan to
allow the construction of cluster single family residences:
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REGULAR MEETING 6 OCTOBER 23, 1990
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a) 10 perimeter setback around entire project
(50 ' perimeter setback required. )
b) Waiver of individually platting of all lots .
Will Allen, Growth Management Director , explained that this
is a two-part request for variance and site plan approval to j
develop 6.88 acres into a 34 unit Cluster Single Family
development on the east side of SE 5 Avenue. Mr . Allen
reviewed the site plan and explained the 2 requests for a
variance. Mr. Allen stated that the Planning & Zoning Board
did recommend approval with the following conditions:
1 . Each lot be described by a metes and bounds description
and keyed to the site plan;
2. The City Attorney review and approve as to form and
legal sufficiency of all agreements incorporating the area r
and facilities which are to be jointly and commonly used by
all project residents as required in Section 6. 52 a (7) of
1 the Zoning Code; p
3. The site plan shall show a 20 ' wide drainage easement Y
from SE 5th Avenue east to the lake area;
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4 . That a sidewalk be required along the east side of SE �+^
5th Avenue;
5. That all utility lines be shown on the site plan.
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j Will Allen stated that this proposal involves
significantly less density than is allowed by the
l zoning code and that the petitioner was previously
11 approved for 49 units per acre and felt the City would
be protected with the conditions as mentioned.
Mr. Kevin Gunthardt stepped forward to represent the
petitioner in this request. Mr. Gunthardt confirmed
that his clients were partners with VMS and that
Trafalger Associates is now the owner of all Sheridan
Ocean Club and briefly reviewed the variance and site
plan requests.
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Mayor McElyea opened the public hearing on the variance
requests a and b.
Ms . Peggy Breeschoten and Mr. Hugo Renda expressed
approval of this project. Hearing no further comments ,
the Mayor closed the public hearing. E
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A motion was made by Commissioner Cook, seconded by 4
Commissioner Grace to grant the variance request VA-58- r
i90 to allow the construction of cluster single family
residences with the following stipulations : [
a) 10 ' perimeter setback around entire project .
b) Waiver of individually platting of all lots .
The motion included the recommendation of the Building
Department with the following conditions :
1 . Each lot be described by a metes and bounds description
and keyed to the site plan;
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REGULAR MEETING 7 OCTOBER 23' 1990
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2 . The City Attorney review and approve as to form and
legal sufficiency of all agreements incorporating the area
and facilities which are to be jointly and commonly used by
all project residents as required in Section 6 . 52 a (7) of
the Zoning Code;
3 . The site plan shall show a 20 ' wide drainage easement
from SE 5th Avenue east to the lake area;
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4 . That a sidewalk be required along the east side of SE
5th Avenue;
The motion passed on the following roll call vote:
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Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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B) City Attorney Adler informed the Commission of the
site plan request (SP-57-90) by Trafalger Associates of
Sheridan.
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Mayor McElyea opened the public hearing. Hearing no j
one speak in favor or opposition, the Mayor closed the !
° public hearing .
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A motion was made by Commissioner Cook, seconded by I
Commissioner Grace to approve 4 .3 B site plan request
(SP-57-90) and to add the condition that a berm be
added behind five of the homes .
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
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Commissioner Grace-yes
AT THIS TIME, THE COMMISSION HEARD ITEM 7.1 AND 7 .2
4 . 4 City Attorney Adler read the title of the
ordinance for second reading amending Section 6-17 ,
Article I, Chapter 6, of the Code of Ordinances of the
City of Dania entitled "Operating a Boat Near Beach" .
(Commissioner Cook -Continued from 10/9/90)
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Commissioner Cook mentioned the need for this ordinance
to ensure safety for people at the beach. II
Mayor McElyea opened the public hearing . Hearing no
one speak in favor or opposition , the Mayor closed the
public hearing. f
A motion was made by Commissioner Cook, seconded by
Commissioner Grace to adopt this ordinance on second
reading entitled "Operating a Boat New Beach" .
Commissioner Cook mentioned that this ordinance
requires 300 yards instead of 50 yards from the main
high mark for boats to be near the beach.
The motion passed on the following roll. call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes I
Commissioner Cook-yes Mayor McElyea-yes �J
Commissioner Grace-yes
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REGULAR MEETING
' 8 OCTOBER 23, 1990 1
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4 . 5 City Attorney Adler read the title of the
ordinance for second reading amending Section 5. 36 ,
Article 5, Chapter 28 of the Code of Ordinances of the
City of Dania regarding fence height . (Commissioner
Grace - Continued from 10/9/90)
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At Commissioner Grace ' s request , Will Allen, Growth i.
Management Director, explained the following
requirements to the ordinance:
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1 . To allow a 6 ' high fence on street side yard
opposed to a 4 ' fence;
2 . To remove the 1 ' setback and landscape
requirement;
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3 . To require the decorative side of the fence be
facing the public side;
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4 . To measure the height of the fence from the E
highest grade adjoining the fence;
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5. To require fence or walls to be constructed of
masonry materials, wood, chain link, pvc or other
materials approved by the Building Official .
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Vice Mayor Mikes restated his position as of the
September 25th meeting that since Dania is not a huge
city, fence requests should remain under the variance
procedure in order to ensure negative impact is not
placed against neighborhoods by having a blanket
approval process by adopting this ordinance. Vice j
Mayor Mikes suggested that the Commission consider
waiving variance fees in hardship cases as an
1 appropriate way to address fence requests .
Mayor McElyea opened the public hearing. Mr. Clinton
Hill expressed the danger created from improper traffic
vision on corners with high fences and felt that fence
i requests should remain under the variance procedure;
Mr. Tim McCloud expressed approval of this ordinance as
some citizens have been granted 6 ' high fences while
others have been denied; Mr. Bud O'Gorman stepped
forward to express the need for more control over
building in the City. j
Commissioner Cook stated that the purpose of this i
proposed ordinance was to address the problem of
conformity in the City and to ensure fairness to all
citizens who wish to construct a 6 ' fence.
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Vice Mayor Mikes expressed his concern for the
visibility problem created from high fences on street
side yards and accidents that could be caused when
people are entering traffic.
� Hearing no further comments , the Mayor closed the ;
public hearing.
A motion was made by Commissioner Grace , seconded by
Commissioner Cook to adopt the ordinance allowing
fences and walls on street side yards to be 6 ' high
with the conditions of no setback, no required I
landscaping, the good side of the fence facing out , to
measure the fence from the inside and fences or walls JJJ
to be constructed of masonry materials , wood, chain
link, pvc or other materials approved by the Building j
Official .
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"+ REGULAR MEETING 9 OCTOBER 23, 1990
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The motion passed on the following roll call vote:
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Commissioner Bertino-yes Vice-Mayor Mikes-no
Commissioner Cook-yes Mayor McElyea-no
Commissioner Grace-yes 5
5. SITE PLANS
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i 6. EXPENDITURE REQUESTS }
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6.1 City Attorney Adler informed the Commission of a
jrequest to purchase School Board surplus property.
{4 City Manager Flatley stated that this request involves
a 1/2 acre parcel of land located behind the Dania
{ Water Plant that the City has requested to purchase
from the School Board. Mr . Flatley mentioned that
there have been three appraisals received for $98 , 000,
$70 , 000 and $50, 000 by the School Board and that they
have accepted the lowest appraisal . Mr. Flatley
informed the Commission that this property will be t
purchased over a three year period with no interest
charged and that water impact fees will be used for the
purchase. The ultimate use of the property will be in
connection with the newly proposed water plant
expansion and renovation program.
City Attorney Adler recommended approval to purchase j
the property as he feels Dania has benefited from the ?
low appraisal price.
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A motion was made by Commissioner Cook, seconded by i
Commissioner Bertino to purchase School Board surplus 1
property located near the water plant for a price of
$50,000 .
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
AT THIS TIME THE COMMISSION DISCUSSED ITEM 7.3
7. DISCUSSION
ITEM 7.1 WAS HEARD AFTER ITEM 4.3 A AND B
7 . 1 City Attorney Adler informed the Commission of a
request by Harbour Towne Marina for approval to erect a
temporary tent for their annual billfish tournament .
David Graham, Harbour Towne Marina, stepped forward to
request approval to erect a temporary tent for a period
of two weeks.
A motion was made by Commissioner Cook, seconded by
Commissioner Bertino to grant the request by Harbour
Towne Marina to erect a temporary tent for their annual
billfish tournament until November 15, 1990 .
The motion passed on the following roll call vote:
1.
Commissioner Bertino-yes Vice-Mavor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes I
Commissioner Grace-yes (—
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REGULAR MEETING 10 OCTOBER 23, 1990
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7 .2 City Attorney Adler informed the Commission of a
request to discuss the Frank Mirrer property. i
Will Allen, Growth Management Director , explained that
j the City Commission granted a Special Exception to Mr.
Mirrer on October 24 , 1989 to permit an enclosed
vehicle service establishment with certain conditions
and included review of this special exception after one
year to ensure that all conditions were met. Mr. Allen
mentioned that the conditions are as follows :
1 . No outside storage or mechanical work be
permitted;
2. No overnight parking of vehicles;
3. A 6 ' chain link fence and 5 ' hedges to be
] installed along the rear property line;
4 . Four (4) 8 ' Black Olive Trees be planted along the
rear property line.
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j Mr. Allen stated that he has not received any response
from Mr. Mirrer since early October on how he has met
these conditions. Mr. Allen also stated that the Code
Enforcement Board has sited the property for having
violated the no outside storage condition and for no
permit on the roof structure.
Attorney Hochstein, representing Mr. Mirrer, explained
that they have now obtained a permit for the roof w
structure and site plan approval . Mr. Hochstein stated
that the materials being stored outside on the property
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are materials used for the roof structure and will be
removed once the building is completed. Mr . Hochstein
assured the Commission that there has not been any
mechanical work done on vehicles and that his client
didn' t understand that the no overnight parking of
j vehicles included the fully operational vehicles. Mr.
@ Hochstein mentioned that the Commission later agreed to
j the installation of a 6 ' CBS wall along the outside of
the perimeter of the property instead of the chain link
fence and hedge.
Mr. Hochstein questioned why Mr. Mirrer was required to
obtain a Special Exception a year ago when his property
lies in a C-3 District where auto service stations are j
permitted. {�
Will Allen stated that in the C-3 classification there
is a list of special exceptions which includes enclosed
automobile service establishments .
Commissioner Grace expressed her dissatisfaction with
the condition of the Frank Mirrer property and felt the
project should be denied.
Will Allen mentioned that there was no permit pulled
for an extended wall that has been constructed and that
the wall will have to be demolished before they can
continue with any further construction. Mr. Allen
reported that there are automobiles , boats and a dog
house in the front of the property against the chain
link fence which have nothing to do with material
needed to construct the roof as mentioned by Mr.
Hochstein.
The Commission reviewed with Mr. Mirrer the conditions
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that were attached to his approved Special Exception
one year ago and determined his violation to each
issue.
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REGULAR MEETING 11 OCTOBER 23, 1990
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Mr. Hockstein stated that landscaping can be added in
the front of the property where the fence is
constructed for better appearance and to hide the view
of cars that may be parked there. Mr. Hochstein
mentioned that they will be cleaning up any junk on the
property and the building materials will go inside the
building.
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A motion was made by Commissioner Bertino, seconded by
j Commissioner Cook to have Mr. Mirrer get together with
Will Allen, Growth Management Director, to come up with
a plan on how Mr. Mirrer is going to make this property
look presentable and bring this plan before the
i Commission at the next workshop meeting and then
continue to the next regular meeting of November 27 .
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City Attorney Adler mentioned that a meeting is coming
1 up soon with the attorneys for the Big Nassau Daddy
property in an effort to clean this property up as
well . C
Mr. Hochstein stated that he will meet with Mr. Allen €
and his client to attempt to start cleaning up the t
property immediately prior to the workshop meeting. F
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
AT THIS TIME, THE COMMISSION RETURNED TO ITEM 4. 4
ITEM 7.3 WAS HEARD AFTER 6.1
7. 3 City Attorney Adler informed the Commission of
j discussion of an Economic Development Budget proposal.
City Manager Flatley reminded the Commission that this
proposal has been discussed at the recent workshop
meeting and that this involves the revitalization and
redevelopment of the downtown area and future State
Road 84 properties . Mr. Flatley mentioned that more
than half of this budget has already been approved in
the 90/91 budget with the agreement to hire a new City
Planner that would work primarily downtown and in t
economic development areas in the City. Mr. Flatley
suggested that an Economic Development Budget be set up
utilizing $37, 900 from the approved budget and $22, 000
from Contingency. Mr. Flatley stated that this budget
will be available in the event that Dania does succeed
in annexing all the rest of the properties on the north
side of State Road 84 which is being proposed up to I-
95 and the redevelopment of the downtown area.
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A motion was made by Vice Mayor Mikes, seconded by
Commissioner Grace to ap
prove the Economic Development
Budget as presented by City Manager Flatley.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes �.
ADDENDUM ITEMS
7. 4 City Attorney Adler informed the Commission of
discussion regarding status report on League of Cities
Committee to pass Amendment #3 regarding unfunded State
Mandates on November 6, 1990. (Commissioner Cook)
REGULAR MEETING 12 OCTOBER 23, 1990
Commissioner Cook explained that a rally was conducted
at the State League of Cities with local cities
supporting the passage of Amendment #3 regarding
unfunded State Mandates for the November 6, 1990
{ referendum. Commissioner Cook explained the financial
j hardship that is placed on local governments when the
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state legislature passes service programs to be funded
by local governments which then causes local cities to
be forced to raise taxes as they cannot afford these
programs. Commissioner Cook expressed appreciation to
the Commission for their support in this issue.
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Commissioner Bertino pointed out that November 6 will
be the only time to make an attempt to stop the
unfunded State Mandates as this will become law and
local cities will be placed in adverse financial
situations by being forced to fund programs placed on
them by the legislature. Commissioner Bertino
explained that the efforts to get local governments and
i citizens involved in this issue was done by a petition
drive as there weren ' t enough legislators interested in
endorsing this amendment .
Commissioner Cook mentioned that every City in the
State of Florida adopted a resolution supporting the t
passage of Amendment #3 .
AT THIS TIME, THE COMMISSION HEARD 7.6
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ITEM 7.5 WAS HEARD AFTER ITEM 3.1
7 . 5 (9 : 00 P.M. ) Discussion of abandoned buildings and
related criminal activities . (Vice Mayor Mikes)
Vice Mayor Mikes expressed the need to board up
abandoned buildings to deter vagrancy and criminal
activity in the Melaleuca Gardens area.
Will Allen , Growth Management Director, reported that
the condition of the Ribbon Writer Building at 701
North Federal Highway is painted with graffiti outside
and inside. Mr. Allen requested that the owner of the
building address the Commission at this time .
Wilson Atkinson, Attorney, representing Seaboard
Warehouse Terminals of Fort Lauderdale, Inc. , explained
that the owners acquired this property just recently I'
and gave a brief overview of the title and right-of-way
problems on the property. Mr. Atkinson stated that his !
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clients are willing to assist the city by demolishing
this structure but have requested to do so in
conjunction with their proposed development plans.
Vice Mayor Mikes felt that the building needs to be
boarded up immediately due to the criminal and vagrancy
problems created and didn ' t feel that this immediate
problem relates to the proposed development of the
property.
Mayor McElyea concurred with Vice Mayor Mikes that the
building should be boarded up until the owners make a
decision on what type of development will be built.
Commissioner Bertino expressed the need to clean up the
property due to criminal activity, open up the paved
road easement for the owner to use and demolish the
building so that the property could be built on.
REGULAR MEETING 13 OCTOBER 23, 1990
The Commission generally agreed to have Mr. Atkinson
obtain figures on what the city is collecting on taxes
for the building right now opposed to revenue the City
could expect if there was development on the property.
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Vice Mayor Mikes suggested that the property would be
more marketable if the building foundation was to
remain but to demolish the building as it would not be
cost effective to continue ongoing maintenance to keep
the property boarded up. t
Wilson Atkinson stated that he would be happy to work
with the city staff by removing this structure and also
requested assistance from the City to open up the road
easement so that development plans can be expedited.
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Commissioner Cook suggested to turn this situation over
to City Manager Flatley and Growth Management Director
Allen to work out a resolution that will be to the best
interest of all parties . Commissioner Cook stated that
she also would rather see the building demolished.
Will Allen, Growth Management Director, stated that the
building is more than an unsafe structure situation as
it is also a violation to property standard codes . Mr.
Allen and the Commission mentioned the on going high
weeds , graffiti, vagrancy, skate board ramps and auto
stripping problems . Vice Mayor Mikes mentioned that a
person was killed there two years ago and that children
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are in and out of the building and that it is unsafe. I
Commissioner Cook requested that Mr. Atkinson advise 4
his clients of the dangerous situation that is created
from this structure.
The Commission generally agreed to have the City
a Manager, City Attorney and Growth Management Director
{ to handle this situation with Mr. Atkinson and to come
back to a workshop meeting to discuss solutions to the
problem.
Mr. Atkinson stated that he would make an appointment
with the City staff by the first of next week.
AT THIS TIME, THE COMMISSION RETURNED TO ITEM 4 .2
ITEM 7.6 WAS HEARD AFTER 7.4
7 . 6 City Attorney Adler informed the Commission of
discussion of the November 1 public meeting (8 p.m. ) at i
City Hall regarding Airport South Runway expansion.
(Vice Mayor Mikes)
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City Manager Flatley expressed appreciation to the
Griffin Civic Association for their assistance in
informing the public of this meeting. Mr. Flatley i
mentioned that representatives from the Airport and
Regional Planning Council will be present to give an
informational presentation on the plans for the
expansion of the airport . Mr. Flatley stated that the
public will then be given an opportunity to make
comments and receive answers to questions regarding
this issue. Mr. Flatley mentioned that Dania's
Position Paper adopted by the Dania City Commission
will be made available to the public and Broward County
and Airport representatives . J1
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REGULAR MEETING 14 OCTOBER 23, 1990
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Vice Mayor Mikes mentioned that the citizens who live
south of Griffin Road and the area between Davie
Boulevard extending south to Stirling Road are being
impacted by this expansion and encouraged the need for
citizen participation.
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7 .7 City Attorney Adler informed the Commission of an {
j update on the construction of the Reuter Recycling
Plant. (Commissioner Cook)
Commissioner Cook explained that Pembroke Pines ,
Pompano Beach, Hallandale and Dania are the four cities
involved in the agreement with the Reuter Recycling
Plant for the disposal of garbage . Commissioner Cook
stated that there are now other cities interested in
entering into an agreement with these four cities and
the Rueter Recycling Plant at a higher rate .
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Commissioner Cook explained that Dania representatives
were able to tour the plant with the members of the
Board of Directors and that the plant is expected to be
open in the middle of 1991 . Commissioner Cook
mentioned the benefits to this plant being that Dania !
residents will not have to separate their garbage and
that the charge to the City will only be $54 per ton
opposed to the County charge of $64 a ton.
Commissioner Cook mentioned that this plant will not
involve the disposal of large hard items . !1
Vice Mayor Mikes stated that over a few years Dania
residents will probably experience a significantly
greater decrease in garbage collection fees in using I
i this composting plant opposed to residents in
unincorporated areas or in cities forced to deal with
i the county incinerators .
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Commissioner Bertino expressed the benefits for the use
of this composting plant for ecology reasons opposed to
the burn methods used in the incinerators .
8. APPOINTMENTS
8 .1 City Attorney Adler informed the Commission of
adoption of resolution appointing a Utility Director. j
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City Manager Flatley mentioned that there have been
several interviews conducted with individuals for the
position of Utility Director for Dania. Mr. Flatley
presented Mr . Robert Palm for the position and
requested Commission input . f
Mayor McElyea stated that Mr. Palm was interviewed at }
the recent workshop meeting and gave a brief overview
of his accomplishments in the utility field in the
area.
Mr. Robert "Bud" Palm stepped forward to introduce
himself and expressed his desire to take the position
of Utility Director for the City of Dania.
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to adopt the resolution appointing
Robert Palm as Utility Director for the City of Dania
at a salary of $41 , 000 and that he will have a review
in 6 months for a possible readjustment of salary. 1
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REGULAR MEETING 15 OCTOBER 23, 1990 z'q
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes Y
d Commissioner Grace-yes �.
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Mike Smith, Personnel Director , stated that the €
effective date of Mr. Palm' s employment must be worked
out with his present employer.
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Commissioner Cook commended Fire Chief Thomas Grammer
for his efforts in working as Acting Utility Director
over the past few years .
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City Manager Flatley concurred with Commissioner Cook
and added that Mr. Grammer has always made himself
i available to meet the needs of this position without
question.
8 .2 City Attorney Adler advised the Commission of
appointment of member to Housing Authority. (The term €
of Veta Mae Peterman expires 11/90) F
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Mayor McElyea appointed Veta Mae Peterman as member to j
the Housing Authority.
A motion was made by Commissioner Grace , seconded by
Commissioner Cook to approve the Mayor' s appointment of
Veta Mae Peterman to the Dania Housing Authority.
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The motion passed on the following roll call vote:
Commissioner Bertino-yes Vice-Mayor Mikes-yes
Commissioner Cook-yes Mayor McElyea-yes
Commissioner Grace-yes
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9. CITIZENS' COMMENTS - None
10. ADMINISTRATIVE REPORTS
10. 1 City Manager
City Manager Flatley suggested a workshop meeting be
scheduled for November 20 at 8 : 00 p.m.
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Commissioner Grace mentioned that she will be
unavailable from November 17 thru 26 for meetings .
City Manager Flatley stated that he will bring up the S
issue of scheduling a workshop at one of the November
regular meetings to determine an actual date in
December.
Mr. Flatley stated that he will schedule a workshop
meeting a half-hour before the regular meeting on
November 13 to discuss the Frank Mirrer property.
10. 2 City Attorney
City Attorney Adler advised the Commission that all the
changes to the BSO contract have been made and that the
only other modification involves the BSO' s insurance
company not being able to name the City as additional }
insured. Mr. Adler assured the Commission that a {
provision has been added to cover the city in this I '
regard.
REGULAR MEETING 16 OCTOBER 23, 1990
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11 . COMMISSION COMMENTS i
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11 .1 Commissioner Bertino
Commissioner Bertino commended the BSO and Dania
Chamber of Commerce and Optimist Club for their efforts
i in "Red Ribbon Week" .
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Commissioner Bertino reconfirmed the Crime Watch
Meeting for the people from the Melaleuca area on t
Thursday, October 25 at 6: 30 p.m.
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Commissioner Bertino requested the public to take the
i necessary precautions for safety with the Encephalitis
outbreak during Halloween.
! 11. 2 Commissioner Cook
i City Manager Flatley reported that FPL seems to be
maintaining street lights better after receiving a list
of locations in need of repair from the City. Mr .
j Flatley reported that he is awaiting an answer on when
the County will be placing Dania ' s request for stop i
signs in the SW section and new street lights in the SE d
section on their agenda for action.
Mr. Flatley expressed a need for a petition to be
circulated in an effort to place pressure under the
Department of Transportation to install a traffic turn
signal light at the entrance to the Melaleuca Gardens
area near the airport on US 1 . Mr. Flatley stated that
the Department of Transportation has installed the
wiring for the light but have not made a commitment on
installing a light as the Engineers are saying there
isn ' t enough accident data to warrant a light in this
area.
Commissioner Cook reported that the drain recently
" installed at the Sandpiper Townhouses and Publix
Shopping Center has helped considerably in clearing up
the standing water problem and that the other drain to
be installed should get rid of the water completely.
Mr. Flatley mentioned that once the drains are
completely installed the paving of SE 14th Street will
be completed and the wall constructed.
Commissioner Cook mentioned that she had thought the
Meadowbrook Lakes drainage problem was worked out by
installing a baffle to divert the water from the
Sandpiper Townhouses out into the east area.
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City Manager Flatley stated that he is awaiting a
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response from Don Windham, Berry & Calvin, on what
solution they have decided would work best in that area
to be brought back before the Commission for
discussion. j
Commissioner Bertino stated that he understood that
there were 6 lines running into the Meadowbrook Lakes
and they are coming from the two east/west lateral
mains. The problem is created because there is such
head pressure built up coming all the way from Federal
Highway that the water is blown back down the 6
laterals into the Lakes . '
OCTOBER 23, 1990
REGULAR MEETING 17
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Commissioner Bertino suggested that the Engineer
research the idea of moving the catch basins for the I
drainage area in the swales back and to put a flapper
valve on the end of each one of the 6 lines that go
back into the lake off the main laterals. The head
pressure would then throw the valves shut and no water
would go back into the lakes . The water needed from
the swale area for a recharge to the lake would be
taken care of by moving the catch basins back 4 to 5
feet to the south along the northern edge and to the
north along the southern edge.
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City Manager Flatley reported that the Mosquito control
will be out in the Melaleuca Gardens area before the
end of the day on Friday.
11 .3 Commissioner Grace
Commissioner Grace expressed appreciation for the
prayers for her daughter, Cheryl . i
Commissioner Grace asked City Manager Flatley to
respond to the problem of yard cuttings on SW 13 and 14
Avenue and requested him to check into removing the
pink building on NW 1st Street and 14th Avenue due to
the danger to children who are playing in the building.
�. Commissioner Grace informed the audience that MUPA will
be having a softball tournament at Modello Park this w-
weekend, that on November 19th there will be a
Spaghetti Dinner at Modello Park at 7 : 30 p.m. as a
community effort to raise funds for supplies needed for I
Modello Park, and encouraged citizens to vote on
November 6 .
d Mr. Flatley responded to Commissioner Grace 's questions
on the yard cuttings on SW 13 and 14 Avenue and the
J unsafe structure mentioned by explaining that he would
have Cliff Taylor, Public Works Supervisor, speak with
= her about the progress being completed.
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11 . 4 Vice Mayor Mikes
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Vice Mayor Mikes requested City :Manager Flatley to look {
into whether the owner of the property on 3 Avenue on
the southeast side has been sited for the number of
dead black olive trees in accordance with the
regulations stipulated in the tree trimming ordinance. p
Vice Mayor Mikes encouraged passage of Amendment 4 on
November 6 relating to the Sunshine Amendment requiring
that legislatures should abide by the same open
government rules as those imposed by local officials .
11 . 5 Mayor McElyea
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Mayor McElyea informed the Commission that Pembroke
Pines has purchased a fogger to assist in the mosquito
spraying and suggested the Public Works Department and
Utility Department Heads get together on seeing what
can be done for Dania.
Mayor McElyea congratulated Commissioner Bertino on his
re-election to the State League of Cities Board of
Directors .
REGULAR MEETING 16 OCTOBER 23, 19,90
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This regular commission meeting was then adjourned. j
4rAY R-Im IS�PNER
J CITY CLERK-AUDITOR
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AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
OCTOBER 23, 1990
8 :00 P.M.
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INVOCATION
ROLL CALL
PRESENTATIONS * B.S.O. Deputy of the Month
* B.S.O. Certificates to Chamber of Commerce , Dania
Optimists & others for Red-Ribbon Month
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1 . CONSENT AGENDA
Minutes
1 1 . 1 October 9, regular meeting
1. 2 October 9, workshop meeting
Resolutions
1. 3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE
i CITY OF DANIA TO BEGIN THE NECESSARY LEGAL PROCESS TO CAUSE THE
I BROWARD COUNTY AVIATION DEPARTMENT TO RELEASE THE DATA USED TO
GENERATE THE 1995 NOISE CONTOUR LINES AND THE SINGLE EVENT
_,. PROFILES ; AND PROVIDING FOR AN EFFECTIVE DATE. "
(Vice-Mayor Mikes)
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1. 4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CONGRATULATING f
BROWARD COUNTY, FLORIDA, ON ITS 75TH BIRTHDAY; AND PROVIDING FOR
If
AN EFFECTIVE DATE. "
1. 5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT
CERTAIN CLEAN FLORIDA COMMISSION LITTER PREVENTION GRANT
APPLICATION; AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID GRANT APPLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE. " (Commissioner Bertino)
2. PROCLAMATIONS - none
3. BIDS
3. 1 Award of bids for sprinkler system at cemetery.
4 . PUBLIC HEARINGS ( final readings)
4. 1 Petitioner/Owner - Bruno Laurenti ; property located at 243 SE 5
Street (CONTINUED FROM 10/9/90)
Public Hearing - VA-49-90 - A variance is requested to allow the
erection of a 6 ' fence in the front yard ( 4 ' maximum permitted) . f
4. 2 Petitioner/Owner - Golden Communications, Inc. ; property located
at 3101 SW 26 Terrace
Public Hearing - VA-56-90 - A variance is requested to allow the
erection of an advertising sign 60 ' in height ( 35 ' is
permitted ) .
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PUBLIC HEARINGS (continued) ro ert
4 . 3 generallyrlocated eastfofgSE 5 Associates
onothe Sheridan;
and south
side of Watermark Boulevard
A) Public Hearing - VA-58-90 - The following variances are
requested to allow the construction of cluster single family
residences:
a) 10 ' perimeter setback around entire project
( 50 ' perimeter setback required) .
b) Waiver of individually platting of all lots. i
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j B) SP-57-90 - A site plan approval is requested for cluster single f
j family dwellings.
I' 4. 4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
6-17 , ARTICLE I , CHAPTER 6 , OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, ENTITLED "OPERATING A BOAT NEAR BEACH" ;
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. " (Comm. Cook) (continued from 10/9/90)
4. 5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION
5. 36 , ARTICLE 5 , CHAPTER 28 OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA; 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. " ( fences) (Comm. Grace)
(continued from 10/9/90)
6. EXPENDITURE REQUESTS
6. 1 Request to purchase School Board surplus property.
7. DISCUSSION
7. 1 Request by Harbour Towne Marina for approval to erect a
temporary tent for their annual billfish tournament.
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7. 2 Discussion of Frank Mirrer property.
j 7. 3 Economic Development Budget proposal .
r 8. APPOINTMENTS
8. 1 Adoption of resolution appointing a Utility Director.
8. 2 Appointment of member to Housing Authority. (The term of Veta
Mae Peterman expires 11/90)
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9. 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 I
the concern remains unresolved, the citizen(s) or party will be asked
to address the City Commission during the meeting.
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10. ADMINISTRATIVE REPORTS
10. 1 City Manager
10 . 2 City Attorney
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11 . COMMISSION COMMENTS
11 . 1 Commissioner Bertino
11 . 2 Commissioner Cook
11 . 3 Commissioner Grace
11 . 4 Vice Mayor Mikes
11 . 5 Mayor Mc Elyea
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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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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
OCTOBER 23 , 1990
PRESENTATIONS (continued)
* Beulah Lair wishes to address the Commission on the request
for school flashing lights for Dania Elementary School.
(Commissioner Bertino)
1. CONSENT AGENDA (continued) I
1 . 6 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE
CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS ALL THAT PART OF
THE WEST ONE-HALF (W1/2 ) OF THE SOUTHWEST ONE-QUARTER (SW1/4 )
OF THE NORTHEAST ONE-QUARTER (NE1/4 ) OF SECTION 20, TOWNSHIP f
50 SOUTH, RANGE 42 EAST, LYING NORTH OF THE NORTH RIGHT-OF-WAY j
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LINE OF STATE ROAD 84 (200 FOOT RIGHT-OF-WAY) , LSSS THE
FOLLOWING DESCRIBED PARCELS : BEGINNING AT THE NORTHEAST
CORNER OF THE SAID WEST ONE-HALF (W1/2 ) OF THE SOUTHWEST
ONE-QUARTER (SW1/4 ) OF THE NORTHEAST ONE-QUARTER (NE1/4 ) OF
SECTION 20; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST
ONE-HALF (W1/2 ) OF THE SOUTHWEST ONE-QUARTER (SW1/4 ) OF THE
i NORTHEAST ONE-QUARTER (NE1/4 ) OF SECTION 20, A DISTANCE OF
123 . 52 FEET; THENCE WESTERLY, MAKING AN INCLUDED ANGLE OF
1, 90-05143" , A DISTANCE OF 515.09 FEET; THENCE NORTHERLY, MAKING j
AN INCLUDED ANGLE OF 90-00100" , A DISTANCE OF 139 . 59 FEET TO A
POINT ON THE NORTH LINE OF THE SAID WEST ONE-HALF (Wl/2 ) OF
THE SOUTHWEST ONE-QUARTER (SW1/4 ) OF THE NORTHEAST ONE-QUARTER
(NE1/4 ) OF SECTION 20; THENCE EASTERLY ALONG SAID NORTH LINE,
A DISTANCE OF 515. 54 FEET TO THE POINT OF BEGINNING; AND ALSO
LESS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE
NORTHEAST ONE-QUARTER (NE1/4 ) OF SECTION 20, TOWNSHIP 50
SOUTH, RANGE 42 EAST, AND THE NORTH RIGHT-OF-WAY OF STATE ROAD j
84 ; THENCE NORTH 75039120" EAST, ALONG AN ASSUMED BEARING
ALONG THE NORTH RIGHT-OF-WAY OF STATE ROAD 84, A DISTANCE OF
599. 50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG
AFORESAID COURSE 35 FEET TO A POINT; THENCE NORTH 0°04 ' 00"
WEST, A DISTANCE OF 30 FEET TO A POINT; THENCE SOUTH 7503912011 I
WEST, A DISTANCE OF 35 FEET TO A POINT, THENCE SOUTH 0-04100"
EAST, A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING; SAID
i LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA;
TOGETHER WITH ANY INTEREST OF PETiTIONERS/OWNERS IN ADJACENT
PUBLIC RIGHT-OF-WAY; PROVIDING FOR FILING OF COPIES ; AND
PROVIDING FOR AN EFFECTIVE DATE. "
(2555 5 2565 State Road 84)
1 .7 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, ANNEXING TO THE
CITY OF DANIA CERTAIN PROPERTIES DESCRIBED AS A PARCEL OF LAND
IN THE WEST ONE-HALF (W1/2 ) OF THE EAST ONE-HALF ( E1/2 ) OF THE
SOUTHWEST ONE-QUARTER (SW1/4 ) OF THE NORTHEAST ONE-QUARTER
(NE1/4 ) OF SECTION 20 , TOWNSHIP 50 SOUTH, RANGE 42 EAST,
BROWARD COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE SAID WEST ONE-HALF
(W1/2 ) OF THE EAST ONE-HALF (E1/2 ) OF THE SOUTHWEST ONE-
QUARTER (SW1/4 ) OF THE NORTHEAST ONE-QUARTER (NE1/4 ) OF
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SECTION 20 ; THENCE SOUTHERLY ALONG THE WEST LINE THEREOF, A
DISTANCE OF 300 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTHERLY ALONG THE SAID WEST LINE, A DISTANCE OF 50
FEET; THENCE NORTHEASTERLY MAKING AN INCLUDED ANGLE OF
7503214411 , A DISTANCE OF 203. 32 FEET; THENCE SOUTHERLY MAKING
AN EXCLUDED ANGLE OF 75029 ' 52" , A DISTANCE OF 150 FEET TO A `
POINT ON THE NORTH RIGHT—OF—WAY LINE OF STATE ROAD NO. 84;
THENCE NORTHEASTERLY, ALONG SAID RIGHT—OF—WAY LINE, MAKING AN
INCLUDED ANGLE OF 75029152" , A DISTANCE OF 140 FEET; THENCE
NORTHERLY MAKING AN INCLUDED ANGLE OF 104030 '08" , A DISTANCE
OF 200 FEET; THENCE SOUTHWESTERLY MAKING AN INCLUDED ANGLE OF
75°29 ' 52" , A DISTANCE OF 343 . 38 FEET TO THE POINT OF
BEGINNING; SAID LANDS SITUATE, LYING AND BEING IN BROWARD
COUNTY, FLORIDA; TOGETHER WITH ANY INTEREST OF PETITIONERS/ E
OWNERS IN ADJACENT PUBLIC RIGHT—OF—WAY; AND PROVIDING FOR I
FILING OF COPIES; AND PROVIDING FOR AN EFFECTIVE DATE. "
(2501 State Road 84)
7. DISCUSSION (continued) I
7. 4 Status report on League of Cities Committee to pass Amendment
{ #3 regarding unfunded State Mandates on November 6, 1990 .
(Commissioner Cook)
7 . 5 (9:00 p.m. ) Discussion of abandoned buildings and related
criminal activities. (Vice Mayor Mikes)
7. 6 Discussion of the November 1 public meeting ( 8 p.m. ) at City
A Hall regarding Airport South Runway expansion.
(Vice Mayor Mikes) pf
r 7 .7 Update on the construction of the Reuter Recycling Plant.
(Commissioner Cook )
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AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
OCTOBER 23, 1990
7:30 P.M.
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I . Utility Director Interview.
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LFARM 8B _ EMORANDUM OF VOTING CO, ICT FOR
LASTOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
N ME—PIRST NAhIL—MI�DDL{E NAME NAME• OF BOARDD,,C'OUNCII., COMMISSION, AUTHORITY,OR COMMITTEE
� e
NG AUURL rHE nOA ,COUNCIL, COMMISSION, AUTHORITY,OR COMMITTEE ON
lL, ;�y. �� wH{C'H I SERVE IS A UNIT OE:
l/ �''r`�CK ✓/('IIY COUN,'Y OTHER IOCAI AGENCY
LDA1:E0:NM'H1CIl
(OUNTYli
NAML OI'VDI L O('('UR RE)
/ .2 _ MY POSITION IS:
1 ✓ ELECUIVE Cr' APPOINTIVE
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WHO MUST FILE FORM 88
[e:
is for use by any person serving at the county, city,or other local level of government on an appointed or elected board,
ommission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
ting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
f this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
onsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
r you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
mpleting the reverse side and filing the form.
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
Fd
ERS:
lective county, municipal, or Other local public office MUST ABSTAIN from voting on a measure which inureste gain. Each local officer also is prohibited front knowingly voting on a measure which inures to the special
pncpal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by uhonl he is retained.
j A person holding an appointive local office otherwise may participate in a maser in which he has a conflict of interest, but must
j disclose the nature of the conflict before making any attempt to influence the decision by oral or writte
i
made by the officer or at his direction. n communication, whether
IF 1'OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE- WILL BE TAKEN:
recording the minutes of the meeting, who will incorporate the form in t
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
he minutes. '
A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
(1 1(IN\I hll III XM1
PAGE
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
�) DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on _ 11 ^1- ��
(alp measure came or will come before my agency which (check one)
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v� inured to my special private gain; or
_ inured to the special gain of by whom I am retained,
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(b) The measure before my agency and the nature of my interest in the measure is as follows: f
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Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), 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 EXCEED $5,000.
CB FORM sa. to-m
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MINUTES
DANIA CITY COMMISSION
WORKSHOP MEETING
OCTOBER 23, 1990
j ROLL CALL:
1 Present :
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Mayor: Charles McElyea
Vice Mayor: Bob Mikes
9 Commissioners : Jean Cook
Bobbie Grace
John Bertino
City Attorney: Frank Adler
City Manager : Robert Flatley
City Clerk : Wanda Mullikin
1 . Utility Director Interview.
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a Mike Smith, Personnel Director, reported that the
Interview Committee has interviewed Mr. Robert Palm for
j the position of Utility Director and found him to be
very competent in the utility field due to his
extensive experience and knowledge of Broward County.
Mr. Smith explained that Mr . Palm 's salary requirements
are comparable to what Dania is offering and mentioned
that Mr. Palm has gone thru the water plant with Thomas
Grammer, Acting Utility Director and City Engineer, Don
Windham.
Bob "Bud" Palm introduced himself to the Commission and
i explained that he has resided in South Florida for 33
!� years and 31 of those years has been in the utilities
Y field. Mr. Palm explained that he has worked for a
land development company for 26 years and for the last
' 4 years he has been with Alright Engineering who now
has gone out of business . Discussion then followed
regarding Mr. Palm' s present salary, management
experience, licensing qualifications and his overall
opinion of the Dania Water Plant .
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The Commission decided to take action on hiring Mr.
Palm at the regular meeting following this meeting at a
salary of $41 , 000 with a re-evaluation in 6 months .
The Commission requested Mr. Smith to determine the
date of employment with Mr. Palm.
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This workshop meeting was then adjourned.
A91 YOR-CO MI SIO
`CITY CLERK-AUDITOR
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i WORKSHOP MEETING 1 OCTOBER 23 , 1990 tiY
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AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
OCTOBER 23, 1990
7:30 P.M.
1 . Utility Director Interview.
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