HomeMy WebLinkAbout1990-08-14 Regular City Commission Meeting MinutesT{INIIIES
DANIA CITY COU}IISSION
REGULAR UEETII{G
AUGUST 14, 1990
enploYed
the Colnissionere
INVOCATION BY WANDA MUI.,I,IKIN
PIJEDGE OF ALLEGIANCE
ROLL CALL:
Present:
Mayor lvice Mayor:
cornmissioners:
Uayor UcBlyea rentj.oned that he has personally
photographer, willie HiLl", to take pictures of
and Staff at this leeting.
iBSO Connander's llonthly Report
Lieutenant Feltgen, BSO, stepped forrrard to inforl the Connissionthat a ronthly letter rill- be going out to each resident of Daniato notify then of activitiee that the Broxard Sheriff's Office isinvolved in and to update then on crininal activity lrithin thecity-
Lieutenant Feltgen expressed his appreci-ation to the City
Uanager. ltayor and Cortisgion for their participation and supportof the August 5th 'Night Out Against Crire" at criffin Park.
Lieutenant Feltgen inforned the Couuission that, with theassigtance ot City llanager FIatIey and Grorrth ltanagerent DirectorAllen, deiolition should begin on a house located at 225 l{lt 6
Avenue in an effort to clean up the city.
AT THIS TII,IE, ITEITI 7 . 3 I{AS HEARD
PULLED FRO}! CONSENT AGENDA
CoDissioner crace requested iter6 1.5, l-7, 7.8, 1.13, 1.18,1-20, and 1..21 , Cof,rigsioner Cook requested ite! 1.9 and Vicellayor llikeg requested iteDs 1.14 and 1-15 be pulled froi the
Consent Agenda .
1 . COI{SENT AGEITIDA
!linutes
workshop meeting
workshop meetingregular meeting
BiIIs
1.4 Approval of bills paid for ilune, 1990
1.1
1.2
1.3
,JuI y
.IuI y
,Iuly
13,
L7,
24,
1REGULAR }IEETING AUGUST 14, 1990
Charfes McEIyea
Bob Mikes
,Jean cook
Bobbie Grace
.Iohn Bertino
Frank Adler
Robert Elatley
wanda Mullikin
City AtEorney:City Manager :City Clerk:
PRESENTAT I ONS
Resol,utions
Commissi"oner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
vice-Mayor Mikes-yes
Mayor McElyea-yes
1".5 City Attorney Adler read the title of the
resolution of the City of Dania, Florida, anending its
contract with Seacoast sanitation, Inc-, by increasing
the monthly payments from $39,336.44 to the sum of
S41,494.60 per month effective ,fune 1, 1990.
1.10 City Attorney Adler read the title of the
resolution increasinq its General Fund Budget for the
fiscal year, 1989-90 from 59,549,015 to $9.606,715 and
making line item changes betueen departments.
1.1L City Attorney Adler read the title of the
resolution amending its water Fund Budget for the
fiscal year l-989-90 by makinq line item changes between
departments.
1.12 City Attorney Adler read the titfe of the
resolution amending the its Sewer Fund Budget for
f iscal- year 1989-90 by $125,640 from prior years
surplus.
the
ordinances
1.16 City Attorney Adler read the title of the
ordinance for first reading amending section 27-38 of
Article II of Chapter 27 of the 1980 Code of ordinances
of the City of Dania entitled: "RATES AND CHARGES FoR
SERVICE' to provide increases in the rates and charges
for water servicei and providing that except as herein
amended aIl other provisions of Chapter 27, Article II
of the Code ot ordinances shall remain in fu]1 force
and effecti and providing that the effective date of
this ordinance sha11 be as of the october 1, 1990,
billing date.
1.17 City Attorney Adler read the title of the
ordinance tor first reading amending Section 27-108 of
Article III of chapter 27 of the 1980 Code of
ordinances of the City of Dania entitled: "RATES AND
CHARGES FoR SERVICE" to provide increases in the rates
and charges for sewer service; and providing that
except as herein amended all other provisions of
Chapter 27, Article III of the Code of ordinances shall
remain in fu1l force and effect; and providing that the
effective date of this ordinance shafl be as of the
october 1, 1990, billinq date.
1.19 City Attorney Adler read the title of the
ordinance for first reading amending section 27-77 ,
Article II, Chapter 27 ot the Code of Ordinances of
City of Danla, Florida, to be entitled "CoNNECTIoN
WATER SYSTEM REQUIRED WHEN SYSTEM IS AVAILABI.,E".
the
TO
A motion was made by Comrnissioner Bertino and seconded
to approve the consent agenda as read by city Attorney
AdIer.
The motion passed on the followlnq rolL ca1l vote:
2REGUI.,AR }TEETING AUGUST 14, 1990
PUI,I,ED FROI'! CONSENT AGENDA
1.6 City Attorney Adler read the title of the
resolution increasing the salary of WilIiam E. A11en,
Growth Management Director, from the annual
compensation of $39,645 to the annual compensation of
$47,424 ef fecti,ve Jufy 25, 1990; and providing for an
effective date.
Commissioner crace commended l{l11iam Al-Ien for hisprofessional services over the fast 6 months and
expressed the need for his professional involvement in
the Downtown Redevelopment events.
A motion was made by Commissioner Grace, seconded by
vice Mayor Mikes to adopt the resolution increasinq the
salary of William E. A11en, Growth Management Director.
The motion passed on the following ro11 call vote:
Commissioner Bertino-yes
commissioner Cook-yes
Commissioner Grace-yes
Commissioner Bertino-yes
Commissioner Cook-yes
Comnissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor ItIcElyea-yes
Vice-Mayor Mikes-yes
Mayor McEfyea-yes
L.7 City Attorney Adler read the title of the
resolution approving renewal of the contract between
the City and 1,. Scott UIin. M.D., for services as
medical director for the medical rescue service of the
City of Dania, upon the terms and conditions of the
existing agreement with the term of the contract to be
for a period of three years beginning retroactively to
october 1. 1989, and continuing through september 30.
1992; and providing for an effective date.
Thomas crammer. Fire Chief, stepped forward to explain
the legat need for having a medical director since
Dania has a rescue department and expfained that the
medical director provides direction, training and
medical services to the Dania Paramedics during rescue
events,
A motion was made by Commissioner Grace, seconded by
Commissioner Cook to adopt the resolution approving Ehe
renewal of the contract between the City and L. scott
UIin. M.D., for services as medicaf director for the
medical rescue service of the City of Dania upon the
terms and conditions of the existing agreement for
three years beginning retroactively to October 1, 1989
and continuing through september 30, L992.
The motion passed on the following roll call vote:
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to remove this item from the agenda
and to discuss further at a workshop meetinq with the
Commission.
3REGUIJAR MEETING AUGUST 14, 1990
1.8 City Attorney Adler read the title of the
resolution revising fees to be charged for use of the
City's Community center known as the "I.T. Parker
Community Center".
commissioner Bertino-yes
Commissioner cook-yes
Commissioner Grace-yes
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
Vice-Mayor Mikes-yes
Mayor McEIyea-yes
The motion passed on the following roll call voEe:
1.9 city Attorney Adler read the title of the
resoLution authorizing the emergency expenditure of the
sum of S14,21"1.20 for the installation of drainage pipe
in Meadowbrook L.,akes to replace the existing pipe that
is no longer functioning properlyi and providing for an
effective date.
Commissioner cook mentioned the many attempts that have
been made to repair this drainage pipe and expressed
the need to spend the money to replace the pipe as a
more cost effective measure.
city Manager Flatley stated that he is negotiatinqt
the city of Pembroke Pj.nes to purchase twefve (12)
thirty inch (30") iron pipes at a cost of $8,311.20
H & H Crane to install the pipe at a cost of $5,800
this project.
wi th
andfor
Park ,
of
A motion was made by Commissioner Cook, seconded by
Commissioner Grace to adopt the resolution authorizing
the emergency expenditure of the sum of $14,211 .2O for
the installation of drainage pipe in Meadowbrook L,akes
to replace the existing pipe that is no longer
functioning properly with the condition to discuss
further with the City Englneer to ensure the riqht size
pipe is being used.
vice Mayor Mikes expressed the need for City Manager
Flatley to check with all parties involved to insure
the job can be completed on a timely basis due to the
increased rainfall at this time of year.
The motion passed on the following roII call vote:
1-.1"3 City Attorney Adler read the title of the
resolution naming the baseball diamond at Modello
"Kid Curry FieId" in recognition of David Curry's
volunteer work which greatly enhanced the quality
life of many of our citizens.
commissioner crace read a letter received from Ronald
Bain, Dania Redbirds Association. in commemoration of
David "Kid" Curry and then requested City Attorney
Adler to read the resolution in its entirety.
A motion uas made by Commissioner Cook, seconded by
Commissioner Grace to adopt the resolution naming the
baseball diamond at ModeIlo Park. "Kid Curry Fiel-d".
The motion passed on the following roII call vote:
1.14 City Attorney Adler read the title of the
resolution approving the general release between
City of Dani.a and the City of Hollywood relating
case No. 85-16610-Cs, in the circuit Court in and
the
tofor
4REGUI,AR }TEETTNG AUGUST 14, 1990
vice-Mayor Mikes-yes
Mayor McElyea-yes
Broward County, Florida, and captioned "city of
Hollywood, a municipal corporation of the State of
Florida, Ptaintiff vs. the cities of Miramar, Dania,
Pembroke Park and HaIIandale, aIl municipal
corporations existinq under the laws of the State of
Florida, and Broward County, a political subdivision of
the state of Ftorida, Defendants" i and providing for an
effective date.
Cj.ty Attorney Adler mentioned that this resolution
states the result of the lawsuit filed against
Hollywood and confirmed that Dania will receive
S244,OOO from HotJ.ywood as a settlement of the Iawsuit.
AT THIS TII{E. ITE},T 1.15 WAS ADDRESSED AS IT REI,ATES TO 1.14
1.15 City Attorney Ad1er read the title of the
resofution approving the Large User l{astewater
Agreement between the citY of Holfywood and the City of
Dania for discussion by the Commission.
vice Mayor Mikes requested that items 1.14 and 1.15 be
discussed further at a workshop Meeting.
A motion was made by Vice Mayor Mikes. seconded by
Commi.ssioner Cook to continue items 1.14 and 1.15 to
the next reqular meeting of August 28 and to discuss at
a workshop meeting prior to the regular meeting.
The motion passed on the foflowing ro11 call vote:
1.18 City Attorney Adler read the titl-e of the
ordinance amending Section 13-69 (a) and (c) of Article
IV. Chapter 13 of the l-980 code of ordinances of the
City of Dania to provide for an increase in charges for
pick up of garbage and trash at residential and
commercial sites; and providing that this ordinance
sha11 take effect as of the october 1. 1990, billing
date.
Cj.ty Manager Flatley mentioned that a survey has been
conducted with other cities to determine that the
increase in charges is consistent and that this
increase is from S15.19 to S17.55 per month. Mr.
FIatIey mentioned that until the Reuter Recycling Plant
opens around iluly 1991, Dania will continue their
contract with seacoast Sanitation and mentioned that he
expects rates for garbage pick up to increase over the
next few years.
A motion was made by Commissioner Cook, seconded by
Commissioner Grace to adopt the ordinance on first
reading amending Section 13-69 (a) and (c) of Article
Iv. chapter 13 of the 1980 code of ordinances of the
City of Dania to provide for an increase in charges for
pick up of qtarbage and trash at residential and
commercial si tes .
The motion passed on the following ro11 caII vote:
Commissioner Bertino-yes
Commissioner Cook-yes
commissioner Grace-yes
Commissioner Bertino-yes
commissioner cook-yes
Commissioner Grace-yes
vice-Mayor Mikes-yes
Mayor McBlyea-yes
vice-Mayor Mikes-yes
Mayor McElyea-yes
5REGULAR MEETING AUGUST 14, 1990
1.20 city Attorney Adler read the entire ordinance for
first readinq setting the date of the referendum vote
pursuant to Florida statute 17L.04l-3, for the
annexation of certain properties descri.bed in Exhibit
chapter 90-483 L,aHs of Florida; providing for a
referendum vote; providing for publication of notice ofthe referendum; providing for the effective date of
annexation; and providinq for an effective date.
A motion was made by vj-ce Mayor uikes, seconded by
Commissioner Grace to adopt on first reading the
ordinance setting the date of the referendum votepursuant to Florida Statute L71.0413. for the
annexation of certain properties described in Exhibit
"3" of Chapter 90-483 L,aws of Florida; providing for a
referendun votei providinq for publication of notice ofthe referendum; providing for the effective date of
annexation; and to include January 1, 1991 to beinserted in Section 3 of the ordinance as the effective
date of the annexation.
The motion passed on the following roII call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Comnissioner Bertino-yes
Commissioner Cook-yes
Commj-ssioner Grace-yes
2 PROCIJAMATIONS
2.L
thru
vice-Mayor Mikes-yes
Mayor McElyea-yes
vice-l'rayor Mikes-yes
Mayor McElyea-yes
1.21 City Attorney Adler read the title of the
ordinance for first reading amending Section 3-37.Article II. Chapter 3, of the Code of Ordinances of the
City of Dania entitled "Political Siqns", to i-ncreasethe amount of bond to be posted; to provide limits forerection of siqns; and to provide for types and spacing
of signsi and providing for an effective date.
A motion was made by Commissioner Grace, seconded by
Commissioner Cook to continue to the next regular
meeting of August 28, 1990 and to workshop this
ordinance prior to the next meeting.
The motion passed on the following ro11 call vote:
Mayor McElyea proclaimed the week of October 713. l-990 as "Respiratory Care Week".
3.BIDS- None
4 PUBI,IC HEARINGS AND OrfHER REI.,ATED MATTERS
(Second and final reading ofBuildinq & Zoning
ordinances )
4.I City Attorney Adler read the title of the
ordinance regarding pool encJ,osures for second reading
amending Section 6.1-2, Article 6. Chapter 28 of the
Code of Ordinances of the City of Dania; and providing
for an effective date.
WilI AIlen, crowth l'lanagement Director. clarified thatthis ordinance covers the setbacks for screen
enclogures around swimming pools allowing a setback inthe rear and side yard to be five (5) feet. Mr. Allen
6REGULAR MEETING AUGUST 14, 1990
mentioned that the Planni.ng &
the amendment and recommended
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
P1at", same beinq: I-,ot
Township 50 South, Range
Everglades L,and Co. Plat
Township 50 south, Range
Commissioner Bertino-yes
commissioner cook-yes
Commissioner Grace-yes
zoning Board did review
approva I .
vice-Mayor Mikes-yes
Mayor I'IcElyea-yes
Block 4. of secti.on 29,
East, of Marshal l
sections 28, 29. 31 and 32,
East, according to the PIaE
Mayor McElyea opened the public hearing. Hearing no
one speak in favor or opposition, the Mayor closed the
pubf j-c hearing .
A notion was made by Conmissioner Cook, seconded by
Commissioner Grace to adopt this ordinance on second
and final reading amendlng the Code of ordinances
regarding pool enclosures.
The motion passed on the following ro11 cafl vote:
4.2 C].Ly Attorney Adler read the title of the ordinance
for second and final readinq approving the pLat of "MVL
3,
42
of
42
thereof. as recorded in Plat Book 2, Page 32. of the
pubtic records of Dade County, Florida, and less the
South 25 feet and the east 35 feet; said lands lying in
the City of Dania. Broward County, Florida; and
accepting the dedicaEion for public use of all streets,
highr.uays and alleys as shown on said plat of "MvL
PIat"; and providing for an effective date. The
property is located near Banyan Bay Marina at
Ravenswood Road and Dania cut-off Canal.
Will AIlen. GroHth Management Director, explained the
plat approval is for property known as Banyan Bay
Marina located on the westside of Ravenswood Road and
immediately south of the Dania cut-off canal. Mr.
A1len stated that the parcel consists of 9.281 acres
and that the Planning & Zoning Board recommended
approval . Mr. A11en reminded the Commission that this
is a preliminary plat and that a site plan will be
presented in the future for a proposed boat rack.
Mayor McEIyea opened the public hearing. Hearinq Bob
Mclaughlin, ttlclJaughl in Engineering, speak in favor and
no one speak in opposition, the Mayor closed the public
hearinq.
A motion was made by Commissioner Cook, seconded by
Commissioner Grace to adopt this ordinance on second
reading approving the plat of "MVL., PIat".
The motion passed on Ehe foLlowing rol-I caII vote:
4.3 City Attorney Adler read the title of the
ordinance relatinq to wa1Is, fences and hedges for
second reading amendinq Section 5.36. Articl,e 5,
Chapter 28 of the Code of Ordinances of the City of
Dania; and providing for an effective date.
Commissioner Cook reminded the commissi,on and audi-ence
of the workshop meetings that have been conducted on
this ordinance in an effort to make the construction of
fences, fiaIIs and hedges consistent within the City.
7REGULAR I'IEETING AUGUST 14. 1990
vice-Mayor Mikes-yes
Mayor McEIyea-yes
Mayor McElyea opened the public hearing.
Mr. Tim McCloud expressed general approval of the
ordj.nance but expressed opposition to the l foot
setback along sidewalks as written in the ordinance.
Mr. Mccloud felt that this 1 foot setback could create
a garbage trap as it is not clear who would be
responsible for maintenance. Mr. McCloud also
expressed opposition to the landscaping requirenents to
residential properties and felt j-t should only apply to
commercial and i-ndustrial properties.
Mr. EarI Finley expressed approval of the ordinance but
concurred with Mr. McCloud's oppositions.
A resident stepped forward to express
the lack of control over young people
between property lines and the damage
fences.
Commissioner Cook reconfirmed the
ordinance by deleting the 1 foot
garbage collection and exPressed
consistency in the size of fences
6',.
need to amend thi s
setback to deter
the need forwithin the city to
his concern for
trespassinq in
done to trees and
Lieutenant Feltgen addressed this ci-tizen's concern by
explaining that in order for a deputy to arrest an
individual for trespassing. there must be a "No
Trespassing" sign posted on the property.
Mr. Jay Field stepped f orlrard to commend Commissioner
Cook for her assistance in preparing this ordinance and
expressed approval . Mr. aloe Ronga, Jr. expressed
general approval but concurred with opposition to the 1
foot setback and the landscaping requirements to
resi-dential properties.
Hearing no further comments, the Mayor closed the
public hearinq.
A motion was nade by Comrnissioner Cook, seconded by
Comrnissioner Bertino to amend the ordinance by deleting
the 1 foot setback from the property fine, Iandscaping
requirements and the hedge pl-anted inside the fence of
the property oHner .
vice Mayor Mikes commented that if there are no side
yard setbacks, there may not be ample visibility for a
driver to see a child who may be walking through yards
and entering an intersection. vice Mayor Mikes stated
that he preferred the variance procedure for fences so
that the commission could have betEer control over
certaj-n areas in the city with the option of waiving
fees. vice Mayor Mikes stressed the need for continued
beautification of properties in residential and
commercial areas of the CitY.
8REGUI.,AR MEETING AUGUST 14. 1990
Discussion continued with the Commission regarding
addressing the fence requests under the variance
procedure on a one to one basis to maintain better
control for safety and beautification reasons.
The motion to amend
following roll calI
the ordinance failed on the
vote:
vice-Mayor Mikes-no
Iilayor McElYea-no
A mot j.on Has made bY Vice
McElyea, after Passing the
ordinance.
The motion passed on the followlnq rol-l ca}l vote:
vice-MaYor Mikes-Yes
Mayor McElYea-Yes
5. SITE PL,ANS-none
Commissioner
Commissioner
Commi s s ioner
Commi ssioner
Commissioner
Commissioner
Ber t ino-Yes
Cook-yes
Gr ac e -no
Ber t i no-no
Cook -no
Grace-Yes
Mayor Mikes, seconded bY
gavel,, to deny adoption
Mayorof this
EXPENDITURE REQUESTS
6.1 City Att.orney Adler advised the Commission of a
"."ti"".a request-from July 24th to,accept a not-to-.
;;;;;-ae,ooti engineeiins iroposal from^Berrv & calvin
;;;-;i.;;'and peimits to imptement-a S50'000 srant to
i;;.;;;-i";"ioi, pu.x boat rimps and to dredqe the
finger canal .
A representative from Berry & Calvin's office stepped
forward to request upp.o'u-I of this expenditure request
u"a ""pf"i"ed that tire aredqing of the canal- in front
"i-tt"-i.t. Parker community center cannot be done
[.tr"."-ll""ember and April ' He expressed his concern
thaE if they attenpt.J-i" modifv the permit that is 99*
.o.pf"t.a r-ight now in order to extend the dredqing
limits that there *"y f. a delay in constructing the
grant fundea "orporr"i.t" ' He relommended to finish this
i.r.i t -.ppr ication that is 99t completed since the
i""""r, arlas should only take 10 to 14 days to
.".".pfi"t, and when ttrat is complete to start doing the
grant improvements. ie explainld that if the dredqing
ir-""t completed by November 1. 1990' you will have to
".iI-""iii'April, lggr to do the launch repair and
docks .
A motion was made bY commissioner
Commissioner cook to approve this
not-to exceed S6,000 to cover the
from Berry & calvin for Pl-ans and
a $50,000 grant to imProve Houston
to dredge the finger canal and to
grant to complete the dredginq of
I.T. Parker Center.
Bertino, seconded bY
expenditure request
engineering ProPosalpermits to implement
Park boat ramPs and
then look at another
the canal alonq the
Commissioner Cook expressed her concern for obtaining
;;-;;t;;i cost for the additional ensineering expenses
;;.-;i;; for the dredgins of the canal . so that there
"iil-""i-u" additional work orders submitted for
unexpected expenses.
Discussion continued on determining if dredqing can be
cornpf et"a in the area in front of the Community center
without having to rebuild the seawall and' once that is
determined, for Berry & calvin to prepare a proposal of
;;;a; a" conprete the dredsins when the heavv equipment
is working on the boat ramps'
9REGULAR MEETING AUGUST 14, 1990
6.
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor McEIyea-yes
The motion passed on the following roII call vote:
6.2 City Attorney Adler advised the Commission of an
expenditure request to purchase 2 Ford Tempos from
Duval Ford at state contract price of $8,832 each.
Marie Jabalee. Deputy City Clerk, explained that this
request from Grolrth Management was discussed during
budget discussions due to an immediate need to assist
the inspectors in the department who are sharing
vehicles. Mrs. ,JabaIee reminded the commission that
they determined to use surplus funds from the 89/90
fiscal year for thls expenditure.
A motion was made by Commissioner Cook, seconded by
Commissioner Grace to approve the expenditure request
to purchase 2 Ford Tempos from Duval Eord at state
contract price of $8,832 each for the Growth Management
Department.
The motion passed on the following roll call vote:
Commi ss ioner
Commissioner
Commissioner
B er t ino-yes
cook -ye s
Grace-yes
7. DISCUSSION
7.L City Manager FLatley informed the comnission that
he has been involved in several meetings with coastal
Tech. regarding their inspection report of the Dania
Fishing Pier. Mr. FlatIey recommended to temporarily
close the Dania Pier to begin repai-rs on work that
needs immediate attention. Mr. FlatIey suggested to
obtain assistance Hith Coastaf Tech on the exact nature
of the additional repairs and costs needed at the Pier
to be brought back to the Commission for approval .
ITEM 7.2 WAS DISCUSSED AT THIS TII'IE
Mr. Kevin Mccabe, Coastal Tech, stated that in order to
make necessary repairs to the fishing pier, it will
have to be partj.ally closed. Mr. McCabe mentioned that
if you a1low people to move about during the
renovations, there wiIl be increased costs for
maintenance of pedestrians and that fishing would be
effected by the increased noise from heavy equipment
and construction.
commissioner Bertino agreed with Mr. Flatley to close
the pier in an effort to determine the actual costs of
total renovation or replacement. Conmissioner Bertino
also suggested to consider another alternative by
accepting proposals from farge regtaurant owners who
may put the money up to build the pier and l"ease theproperty from the City.
Mayor McEIyea suggested to discuss
the lease with Don streeter at the
before continuing with this item.
Conmissioner Grace and Commissioner Cook
agreement with the city Manager to close
obtain Ehe total costs.
item 7.2 reqarding
fishing pier complex
expres sed
the pier and
REGULAR MEETING t0 AUGUST 14, 1990
Vice-Mayor Mikes-yes
Mayor McEIyea-yes
City Manager Elatley reconf irmed
Streeter should receive a 120 daycancellation of the pier Iease.
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Commissioner Bertino-yes
Commissi.oner cook-yes
Commissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
vice-Mayor Mikes-yes
l'layor I'tcE1yea-yes
vice-Mayor Mikes-yes
Mayor McElyea-yes
Mr. Mccabe ansxered Commissioner Bertino's question bystating that the pier is unsafe at this time.
that he
notice
felt Mr.
of
Vice Mayor Mikes confirned with Mr. Mccabe that thepier is not in such danqer of repair that it would
catas trophical Iy faI1 away but would rather begin to
sag in the bad spots i.n the event of high winds.
City Manager Fl-at1ey agreed Hith Vice Mayor Mikes that
Coastal Tech could monitor the pier every 30 days over
the 120 days notice of cancellation to ensure it is
safe and for the city to have the option of closing thepier in the event of bad weather.
A motion was made by Vice Mayor Mikes, seconded by
Commissioner Bertino to add an emerEency item to the
agenda regarding discussion of l2O day notice of
cancellation of the pier Iease.
The motion passed on the following roll call vote:
A motion was made by Vice Mayor Mikes. seconded by
Commissioner Grace to dj.rect City Attorney Adler to
send the letter giving 120 days notice of cancellation
to Mr. Streeter.
A motion was made by Commissioner Bertino, seconded by
Commissioner Grace to employ Coastal Tech to monitor
the pier on a monthly basis during the 120 days notice
of cancel-laEion and that the City reserves the right to
close the pier should whether conditions provide any
detrimental situation to the general public.
The motion passed on the following ro11 call vote:
AT THIS TIUE. ITEH 7.4 WAS DISCUSSED
7.2 City Manager Flat1ey advised the Commission of a
request from Don streeter to sublet the tishing pier
complex.
Donald v. streeter stepped forward to advise the
Commission that due to his inability to supervi-se the
operation of the fishing pier on a constant basis, he
feels it would be of best interest to all parties to
sublet. Mr. Streeter mentioned that he has been
approached by an individual- who i-s interested in
subleasing that can better supervise the operation.
REGULAR }tEETING 1t AUGUST L4, L99O
The motion passed on the following rolf call vote:
Commissioner crace asked if the City will be guaranteed
the same amount of revenue that is outlined in the
Iease with Mr. streeter in the event the Commission
allowed him to sublease.
City Attorney Ad1er stated that under the terms of Hr.
Streeter's contract, he has the right to sublease
subject to Commission approval and that the Commission
cannot unreasonably withhold this request. Mr. Adler
responded to Commissioner Grace's concern that the rent
revenue would remain the same and that the recent
reduction i.n rent should have expired by now.
City Manager Flatley recommended to give Mr.
120 days notice of cancellation i-n accordance
lease of the pier.
Streeter
with the
A motion
request.
was made by Commissioner Cook to table this
Commissioner Cook withdrew her motion to tab1e.
A motion was made by Commissioner Bertj-no, seconded by
Commissioner Cook to approve the request by Mr-
streeter to sublease the fishing pier conplex and to
brinq the individual back to the next regular meeting
to be approved by the Commission.
The motion passed on the following ro11 call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-no
vice-Mayor Mikes-no
Mayor McElyea-yes
AT THIS TIME, TRE CO}TMISSION RETURNED TO ITEIIT 7 .1
ITEM 7.3 I{AS DISCUSSED PREVIOUSLY UNDER PRESENTATTONS
Mr. Ryan responded to commissioner Grace's concern
regarding property owners in the area beinq notified by
explaining that since the request is only for consent
of the encroachmentt notification is not required.
City Attorney Adler explained that the City would not
be giving up their right of easement but just
consenting to the encroachment to remain there until
new structure is built and, at that time. the owners
would have to comply with the setback requirements-
a
A motion was made by Commissioner Bertino, seconded by
commissioner Grace to send a letter, to be signed by
city Manager Flatley, approving the consent of
encroachment as requested by Tim Ryan.
City Attorney Adler stated that the letter will include
the condition that in the event it was necessary to
remove the concrete patio for maintenance of the
utility easement, the City would have no responsibil-ity
for replacing or repairing it.
REGI,II,AR }IEETING L2 AUGUST 14, 1990
7.3 Tim Ryan, Attorney for Charfes Anchors. stepped
forward to request commission approval of an existing
house encroachment into an aIIey ri,ght-of -way at 237 SI,|
3 Place. Mr. RYan explained that this encroachment has
been in place for over 35 years and that the afley is
not in use and there are no future plans for use.
Commissioner Bertino-yes
Commissioner Cook-Yes
Commissioner Grace-yes
Vice-Mayor Mikes-Yes
Mayor McElyea-Yes
Vice-Mayor Mikes-Yes
Mayor McElyea-Yes
Attorney Ryan agreed to j-nclude this conditlon to the
letter consenting to the encroachment.
vice Mayor Mikes concurred with Commissi-oner Grace that
there should be notification of property owners within
300 feet for these types of requests.
The motion passed on the following roll' caII vote:
ITEM ?.4 WAS DISCUSSED AFTER 7.1
7.4 City Manager Flatley recommended to defer the
revi-ew and comment requested for Dania Beach Grant
devel-opment plans until the next regular meeting.
A motion was made by Commissioner Bertino, seconded by
Commissioner cook to defer this item to the August 28
regular meeting. The motion passed unanimously'
7.5 Marie ilabalee, Deputy City Clerk/Finance Manager.
recommended to accept the reduced audit proposal
submitted by Defoitte & Touche for auditing the City's
financial statements for the next three fiscal years'
A motion was made by Comnissioner Bertino to deny this
proposal.
The motion failed for lack of a second.
A motion was made by Commissi-oner Cook, seconded by
Commissioner Grace to accept the audit proposal
submitted by Deloitte & Touche for auditing the City's
financial statements for the next three fiscal years '
The motion passed on the following ro11 call vote:
Comnissioner Bertino-no
Commissioner Cook-Yes
Commissioner Grace-Yes
7.6 City Attorney Adler informed the
request by Commissioner Grace to fund
Modello Park in the amount of $25,050'
Comnissioner Grace reported on how she was impressed
with the way Grif ti.n Park looked and stated that a
Community Involvement Committee has been established to
try to uigrade Modello Park to bring it up to date with
Frost Park.
City Manager Flatley stated that progress has been made
to upgrade Modello Park and mentioned that the money to
fund- Lhese improvements can be used from capital
Improvements. Mr. FlatIey mentioned the improvements
to be completed are fencing around the pool ,
replacement of restroom facil'ities at the pool area,
roof Leaks and electrical repairs in the club house,
sprinkler repairs, resurfacing the paddle ball court,
and constructing a horse shoe Pit.
Commissioner Cook mentioned that she has obtained
positive response from citizens and civic organizations
ihut .." willing to adopt a park or block in the City
by donating their time and assistance in making
improvements.
Commission of a
improvements to
REGULAR I.TEETTNG 13 AUGUST 14, 1990
Commissioner Bertino sugqested to include quiet
in the park for children r.,ho wish to study after
and suggested tutorial programs be set up withinpark system to help children.
areas
schoo I
the
A motion was nade by Commissioner Grace, seconded by
Commissioner Bertino to approve the request to fund
improvements to Modello Park i.n the amounE of $25,060.
The motion passed on the following ro11 call vote:
Commissioner Bertino-yes
Commissioner Cook-yes
Commissioner Grace-yes
Vice-Mayor Mikes-yes
Mayor McElyea-yes
7.7 Commissioner Cook presented four designs of theCity Flag presented by the FIag Committee to be
reviewed by the Commission for a selection to be made
at the septenber 11 regular neeting.
Commissioner Cook expressed her appreciation to the
Flag Committee, city Manager Flatley and City Clerk
Mullikin for their assistance in this matter.
7.8 City Attorney Adler informed the Commi.ssion of
request to set a public hearing date for the airport
south runway expansion project and accept Lett.er of
Agreenent for outside counsel.
a
City Manager Flatley reported that he attended the
Broward County Regional Planning Council hearing on the
airport substantial DRI and expressed satisfaction that
the County heard his concerns on behalf of the City.
Mr. Flatley informed the Commission that one of the
exhibits submitted as part of the 150 Noise Study
turned out not to have been part of the original study
and due to this; the 995 Noise Contour L,ines have to be
resubmitted for a modified Part 150 study which also
involves a new mitigation p1an.
lrr. Flatley mentioned that he doesn't feel the
Commission has to rush into setting a public hearing
since the airport is under a delay and mentioned that
the public hearing does have to be set 6o days in
advance.
City Manager Flatley reconnended to employ Edward R.
Curtis and Barbara A. Curtis. Curtis & curtis, P.A., to
represent the City regarding the substantial deviation
for the Development of Regional Impact Approval of the
Fort Lauderdale /Hol lywood International Airport. Mr.
Flat1ey mentioned that their cost is $10,000 and
suggested the City set aside $5.000 in this years
budget and the additional S5,000 in next years budget.
vice Mayor Mikes recommended to hire Mr. & Mrs. Curtis
as he felt they have the confidence of the people in
the affected areas as they are al-so residents in the
impacted area and based on their past performance and
representation on the subject.
A motion was made by Commissioner Bertino, seconded by
Commj-ssioner Cook to accept the L,etter of Agreement for
outside counsel with curtis & curtls. P.A. for S10.000
and to transfer S5,000 for the 89/90 fiscal year budget
and that 55,000 be allocated for the 90/91 fiscal year
budget,
REGULAR I'EETING 14 AUGUST 14, 1990
The motion passed on the following roll call vote:
Commissioner
Commissioner
Commissioner
Bertino-yes
Cook- ye s
Grace-no
Vice-Mayor Mikes-yes
Mayor McEIyea-yes
8.APPOI NTITTENTS-None
9. CITIZENS' COMMENTS-None
10. ADMINISTRATIVE REPORTS
10.1 city Manager
10.1-1 City Manager Flatley requested to hold aHorkshop neeting on Tuesday, August 21 at 8:OO p-n. andto conduct interviews for the Utility Director onFriday, August 24 at 8:00 p.n-- The Connission agreed.
10.1.2 City anager Flatley requested pernission tof1y out-of-state Utility Director finalistg to Daniafor the Auguat 24 interviews. The Collission agreed.
10.1.3 City Ftanager Flatley requested to hold abarbecue at the Civic Center for Dania citizens andci,tizeng west of Ravensrdood Road. After discussion, itwas deternined that ttr- Flatley would cone back withanother date for this event.
!tr. Flatley nentioned that he Hill be out of tol,n fronThursday, August 16 thru Monday, August 20.
CoE[issioner Cook Eentioned the need to be notified ofiuportant i-tens scheduled on the agenda and requestedto reschedule the interviews for the Utility Directordue to a conflict in her schedule-
The Connission decided to schedule the interviews forAugust 27 at 8:00 p.n-
LO.2 City Attorney-No CoBnents
11. CO}'UISSION COII{MENTS
11.1 Commissioner Bertino - No Comments
1"1.2 Commissioner Cook
City Uanager Flatley Dentioned that at the next neetinghe vill distribute a telephone nuElber for f'pl, so anyonecan report street lights being out by giving FpIr thenunber of the telephone po1e.
11- 3 Connissioner crace
CornDiasioner crace nentioned that she will be out oftown fron Augugt 15 thru August 19.
Connissioner crace rel,inquished the rest of her tireover to llr. O'Gornan.
15 AUGUST 14, 1990
Connissioner Cook requested City ttanager to look intothe water spigots outside the city,s cenetery feDceabeing left on by children and also repair of fencesaround ceneteries within the city. Cornmissioner Cookalso requested ltr. Ftatley to look into repair ofstreet liqhts -
REGULAR Ii'EETING
!Ir. O'corran Lentioned that he owns lots 13 and
SH 3 Place and ju6t purchased Lot 11 and 12. ltrO'Gornan nentioned that he nas advised the costdeposits for these properties would be 9300. ltr
O'Gorman stated that there is only one leter forteo properties and didn't feel this charge to bejustified as he has never been delinquent on hisutility bills.
Vice Mayor Mikes expressed appreciation to the
Commission for approving the funding to hire thefirD of Curtis & Curtis, P-A. to represent Daniaairport substantiaL deviation DRI .
14 on
ot
these
Cotrissioner Grace suggested that Ur. O"Gorran schedulea Deeting with City Dtanager FIatIey to discueg thisrequest.
City llanager FIatIey responded by stating that the Cityordinance regarding thie ratter specifies that a reterfor a duplex is a $3OO deposit- Mr- Flatley rentionedthat Dania's charges are not too high cotrpared to othercities in the area -
llr. O'Gorran agreed to reet xith ltr. Flatley tororron
norning.
11.4 Vice t{ayor Mikea
Vice l,layor Mikes advised ltr. Flatley that the airportis trying to schedule a treeting with Dania and the
Department of Transportation regarding signalizationand inproveLent on Griffin Road for August 24 at 2zOO
p.!1.
law
in the
11.5 Mayor llcElyea
Uayor lrcElyea encouraged the Connission and audience topurchase tickets to the Dania Chanber of Comerce 52ndAnnual Ingtallation Dinner to be held at Tropical Acreson Septenber 15.
This regular commission meeting was then adjourned.
o -COMMISSIONE
'eirY CtERKzAUDrroR
REGUITAR MEETING 16 AUGUST 14, 1990