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HomeMy WebLinkAbout30986 - MINUTES - City Commission REGULAR MEETING OF THE CITY COMMISSION HELD ON JANUARY 19, a 1970, IN THE CITY COMMISSION ROOM, DANIA, FLORIDA 4 ROLL CALL PRESENT Mayor - Commissioner Robert E. Houston Commissioners William E. Jackson Robert Kelly Joseph Thornton Boisey Waiters Acting City Manager R. J. Richardson City Attorney Clarke Walden ® City Clerk E. R. Clay Police Chief Phil Thompson Bldg. Inspector H. Walker 1. APPROVAL OF MINUTES OF JANUARY 5th, 1970. Commissioner Waiters made a motion to approve the Minutes of January 5th, 1970 and Commissioner Kelly seconded the motion. Roll was called and the vote was 5-0. 0 2. APPROVAL OF BILLS FOR THE MONTH OF DECEMBER. Commissioner Jackson made a motion for the bills for the month of December 1970 to be paid. Commissioner Thornton seconded the motion. . Roll was called and the vote was 5-0. 3. APPROVAL OF BILLS FROM BROOME & FARINA. Mayor Houston said that these bills 6 had been held up at the last meeting because the contracts had not been signed but that they were signed now and they were at work on the job. ;Mr. Richardson confirmed this but said they had been off the job for a couple of days. Commissioner Kelly then asked what the reason was for them being pulled off the job. Mr. Farina said the ground was too wet. Commissioner Kelly then asked if there was any question about the contracts Mr. Farina said there was a question about the curbing. The Mayor said that the plans ® had originally called for 10' for landscaping but that was too much so it was cut to 6'. IIe said that Mr. Beckwith was concerned about a way to get to the rear and he explained to him that we had to have a driveway through the parking lot and he could use that. This was satisfactory with him. Commissioner Thornton made a motion the bills be paid and this was seconded by Commissioner Jackson. Roll was called and the vote was 5-0. 4. APPROVAL OF BILLS FROM SPINA FRAGA CO. Discussion was brought up about the delay in finishing the audit. Commissioner Thornton asked the Commissioners to consider authorizing someone to come in between now and election to complete the audit so that it is completed under the present administration so there will be no arguments later. The Mayor said he would put this on the agenda for February. Motion was made by Commissioner Waiters to pay the bills for Spina Fraga Co. for $2500. 00 for comple- tion of 1/2 of the audit. This was seconded by Commissioner Jackson. Roll was called and the vote was 5-0. 5. The Mayor then asked Mr. Farina if he had received any bids to construct the two buildings to house the Deep Well Pumps. Mr. Farina then presented the following bids: Crouch Brothers $2800. 00for both buildings Charles Lindeman $1567.00 for each building ® H. M. Hilliard $3500. 00 for both buildings The City Attorney said that since this was on an Emergency basis it was alright to accept the bids without advertising in the paper. Motion was made by Commissioner Kelly to accept the low bid by Crouch Brothers of $2800.00 for both buildings. This was seconded by Commissioner Waiters. Roll was called and Commissioner .Jackson Passed. Commissioners Houston, Thornton, Waiters, and Kelly voted Yes. O January 19, 1970 fro � J ( 2 ) s 6. PUBLIC HEARING - 8:15 P.M. w William P. Brook to rezone from B2 to B3 the Western 300 feet of the property known as Brook''s Wyldwood Tropical Nursery so as to permit use of property as display and storage area for the repair, maintenance , and sale of heavy construction equipment. The City Attorney read aloud the results of the Public Hearing of the Planning and Zoning Board Meeting of January 13, 1970. Attorney Robert Dubow, who was representing Mr. Brook asked that the records show that he was not now representing him as he would now take care of this himself. The Mayor then asked if there were any objectors in the audience. The Mayor recognized Attorney James Larsch of Ft. Lauderdale representing the owners of the Viking Restaurant. He said it would not be proper to rezone Mr. Brook's property from B2 to B3 as almost everything North to the City limits and South to the City limits, with a few exceptions, along Federal Highway is zoned B2. He said to do this is Spot Zoning. Mr. Area Medina was then recognized and he voiced his objection. Commissioner Thornton then told him that he was in violation of the 132 Zoning himself as this does not include his packing house. Commissioner Waiters asked Mr. Medina when he built his packing house and Mr. Medina said about 1965, which proved he was clearly in violation at that time. Commissioner Thornton asked Mr. Larsch and Mr. '= Medina how much property they thought together they were representing. And it figured roughly at less than a fourth of what the other property owners around them had. He said the majority of the property owners did not object and majority should rule. Mr. Medina misunderstood Commissioner Thornton's comparison and requoted him wrongly, which lie later retracted. Commissioner Thornton made a motion to adopt an ordinance to rezone from B2 to B3 on the first reading. Commissioner Jackson seconded the motion. Roll was called and the vote was 5-0. The City Attorney then read the title and a motion was made by Commissioner Thornton that the Ordinance be read by Title Only and passed on the second reading. Commissioner Jackson seconded the motion. Roll was called and the vote was 5-0. 7. APPOINTMEDITMENT OF CITY MANAGER. Motion was made by Commissioner Jackson to appoint Woodward Hampton as City Manager to start on January 29th at $13,000. 00 a year plus $800.00 car allowance. This was seconded by Commissioner Thornton. Commissioner Waiters then stated 4 points that he wanted clarified. #1 Why are we in such a hurry to appoint a City Manager tonight. #2 What criterium was employed for us to arrive at this man's name. 43 Why do we have to accept this man's name when we know there will be an election in Florida City the 27th of this month and this man will be out of a job, the way it looks now, I stand to be corrected. #4 Are we going to take one name without exploring and evaluating on the other men who submitted applications. Jackson said'I asked you a couple of weeks ago about a City Manager and you said you didn't care who we got:' Commissioner Waiters said "I wanted a background check': The Mayor said all the applications for City Manager were in Mr. Clay's office ready for anybody to pick up. Commissioner Jackson said "I don't know how many applications you went over Boisey, I went over quite a few of them". Commissioner Thornton told Waiters the nominations were open and if he had anyone to nominate now was the time. Waiters said he wanted the Police Chief to make a check on Hampton. Jackson said the Chief had made his check. Waiters replied he needed more time to make a thorough check. He said the qualifications of Hampton was not the argument but the procedure in the way it was handled. Mr. Hampton was then called to make a statement. He apologized to the people for any embarrasment he might have caused. I-Ie also said the charges leveled against him were political. The Mayor recognized several people from the audience. One person wanted to know why Dania had so much trouble holding a City Manager when other Cities do not. He said he thought it was a managerial problem higher than City Manager. He said hire this man and leave him alone. Another person wanted to know why he would leave a job at $16,000.00 that he was qualified for to accept a job at $13,000. Also asked him to explain the charges against him. A copy of the charges and Mr. Hampton's answers to them was then brought forward. Commissioner Jackson then restated his motion and this was seconded by Commissioner Thornton. Roll was called and the vote was January 19, 1970 Page 2 ti ( 3 ) Commissioner Jackson Yes Commissioner Kelly No And I want to explain my vote. I think that, I am sure Mr. Hampton will be hired tonight and I am going to work with him 10097,, but I think with me voting No will be a little political insurance for him. I don't think that the three people who voted him in will be too quick to vote him out like Mr. Derry. Commissioner Thornton Yes I am going to clarify Robert's statement. I wasn't so quick to vote him out, in fact Robert and I was the ones that went over and checked the man - interrogated the people that we thought would give us a recommendation as to what big potential would be. We came back and gave the report and he was hired. And I am going to vote for this man tonight the same way, cause I think he is qualified. If he proves otherwise I'll be just as quick to fire him. Commissioner Waiters No And let me clarify my vote. I guess everybody has given their opinions and reasons and I have never said one time that this man did not have the qualifications to run the City of Dania. This has never entered my mind. The only thing I have on my mind tonight - I still have some unanswered questions. I said at the beginning of all this argument - What are we in such a hurry about. That's the whole argument. No. 2 Are we going to go to other sources to see about getting a City Manager. It has been pointed out quite clear that we are not. Everytime the Mayor says he wanistwo votes, he has got two votes, I don't care what you say the record speaks louder than your voice Commissioner Jackson then said " I want this printed that you are a Damn Liar. " Commissioner Houston Yes Now let me clarify my vote. I want to say this. The man is qualified,the most qualified man that I have had the opportunity to talk to in the last 7 or 8 years for this job. We had a couple of men before that, that were both well qualified. They are not here today and I want to hire him before somebody else does. I think after tonight he could put his application in most any- place and be hired. After the vote there was a little political discussion ending in Commissioners Waiters and Thornton leaving the room for a short time. S. PERPETUAL CARE. The Mayor asked for a motion to authorize Mr. Clay to contact Mr. Cavanaugh and have him invest the $4956. 42 in the Perpetual Care Fund. Motion was made by Commissioner Kelly and seconded by Commissioner Jackson. Roll was called and the Vote was 3-0. 9. TRANSFER FROM GENERAL TO WATER THE AMOUNTS AS SET UP. The Mayor asked for a recommendation to transfer the $1900.00 ( $500.00 recreation, $400.00 Swimming Pool, $500. 00 Administration, $500.00 Cemetary). Motion was made by Commissioner Waiters and seconded by Commissioner Tackson. Roll was called and the Vote was 5-0. 10. READING OF PLANNING AND ZONING BOARD MINUTES OF THEIR MEETING OF JANUARY 13, 1970. Item 49 Max Leba - Commissioner Thornton made a motion to table until plans were completely finished. This was seconded by Commissioner Jackson. Roll was called and the Vote was 5-0 Item #3 Maxwell Block - Mr. Block was told to bring in another set of plans that January 19, 1970 Page 3 Apn� PPS'' ( 4 ) would take care of the drainage and proper parking spaces. These plans are to be set up for 5 stores and 13 parking spaces. Commissioner Thornton made a motion to table until January 26, 1970 and this was seconded by Commissioner Kelly. Roll was called and the Vote was 5-0. Item #5 Thomas Cotton - The Mayor said there was no Dedication of Right of Way and asked Mr. Walker to secure a Deed from Mr. Cotton for 42'. There was also a question about the water elevations. Commissioner Thornton made a motion to table until January 26, 1970. Commissioner Jackson sec- onded the motion. Roll was called and the Vote was 5-0. Item 47 PUBLIC HEARING - Motion was made by Commissioner Thornton to grant a Public Hearing before the Planning & Zoning Board on February loth at 8:00 p. m. for an application for rezoning by David Zirillo. Commissioner ® Jackson seconded the motion. Roll was called and the Vote was 5-0. Item #8 M. L. Smith - Mr. Walker was asked to notify Mr. Smith to file an applica- tion for a•variapce. There would have to be more than 20 feet back from the highway. 11. BROOME & FARINA CO. Mr. Farina presented his preliminary plans and cost estimate. For N. E. 3rd St. he proposes installing 3inlets, 2 manholes, 25 sq. yds. pavement restoration, 70' of 12" pipe, some grader tying, and swale stabilization. Estimated cost including 10% Contingencies, & 10% Engineering & Legal Fees would be $3500.00. For S. E. 2nd Avenue from 2nd Terr. to 7th St. he proposes 14 inlets, 175' of 12" pipe, 750' of 18" pipe, 635' of 21" pipe, 255 sq. yds. of pavement restoration, grader tying and swale stabilization. Cos estimate including 10% Contingencies and 10% Engineering & Legal Fees would be $39,660.00. Ile said 2nd Ave. does include picking up the sub sewers that are coming from Federal IIighway on three other streets (4th, 5th, & 6th Streets). The Mayor asked Mr. Farina to furnish the Commissioners with a copy of these plans and it will be discussed further at the next meeting on January 26, 1970. 12. ADOPTION OF A RESOLUTION PLACING ( 9 ) DEMOLISHED HOUSES ON THE ASSESSMENT ROLL. Mr. Richardson said that Item 47 ( Lot 12, Block 6, owned by Miss Georgia Mae Bowman) is being contested by a private contractor who claims that he and not M & F demolished the house in question. Commissioner Kelly made a motion to approve the adoption of a resolution placing the demolished houses on the assessment roll with that one being deleted. This was seconded by Commissioner Tackson. Roll was called and the Vote was 5-0. 13. RESOLUTION TO BE ADOPTED ON THE DEMOLITION OF ( 16 ) HOUSES. The City Manager then asked that a Resolution be passed and adopted on the Demolition of ( 16 ) houses in the N. W. quarter of the City after the ownershave been notified in the usual manner. The Mayor asked Mr. Walker if he had inspected the building at 6th & Tigertail and directed him to do so. Motion was made by Commissioner Kelly adopt a resolution to demolish the houses. This was seconded by Commissioner Tackson. Roll was called and the Vote was 5-0. 14. The Mayor stated that Mr. Victor Larson, the architect, had been in and did not have the plans ready. This will be brought up at the meeting of January 26, 1970. 15. SPENADEL - GOLF VIEW ASSOC. Mr. Spenadel came before the Commission and asked for a Public Hearing before the Planning & Zoning Board for a Zoning variance. Motion was made by Commissioner Kelly to authorize a Public Hearing before the Zoning Board on February 10, 1970, and before the City Commission February 16, 1970 at 8:15 p. m. This was seconded by Commissioner Jackson. Roll was called and the Vote was 5-0. 16. TRANSFER OF OWNERSHIP. Motion was made by Commissioner Kelly to approve the transfer of ownership for Sid's Package Store on first reading. Commissioner Thornton seconded the motion. Roll was called)and the vote was 5-0. 't 17. The City Attorney read a letter from the Dania Chamber of Commerce asking for per- mission to hold their " Dania Yester-Year Celebration" on Saturday January 31, 1970. Motion was made by Commissioner Thornton to grant permission and was seconded by Roll was called and tie vote was �-0 January 19, 1970 Page ( 4 ) ( 5 ) by Commissioner Waiters. Roll was called and the Vote was 5-0. The letter was then turned over to the Police Chief. is . DISABLED AMERICAN VETS. A letter was read from the Disabled American Vets asking for permission to sell Forget-Me-Nots in the City of Dania, February 2nd thru February 7th. Commissioner Jackson made a motion to grant permission and this was seconded by Commissioner Thornton. Roll was called and the Vote was 5-0. 19. A letter was then read from Mr. & Mrs. W. Semmel to the Mayor in regards to his complaint on Garbage Bags. 20. A letter was then read from the State Road Department in regards to sidewalks along State Road 5. The City Manager was then asked to contact the S. R.D. and ask them to furnish the Commission with the necessary Information. Motion was made by Commissioner Thornton and seconded by ' Commissioner Kelly. Roll was called and the Vote was 5-0. 21 . QUESTIONS FROM THE AUDIENCE Complaint was made on the noise from the Pirates World. After discussion It was turned over to the City Attorney for Legal handling. The Chief of Police was instructed to ask them to stop the noise at 11i00 P.M. and to leave an entrance way for Police , Ambulances & Fire trucks to' get thru. 22 . ACTING CITY MANAGER'S REPORT. Mr. Richardson then brought up the dis- posable garbage liners and asked the Commissioners if they wanted him to go ahead and contact distributors of these liners and obtain price quotations . Commissioner Kelly asked that the matter be held open. The City Manager said that he had one proposal to repair the shelter at the Dania Beach. Mr. Richardson said that he had prepared an estimate of the cost to repair the Boy Scout Building. He was then told to go ahead and get the materials and get as much voluntary labor as possible. The Mayor then asked the Commissioners to be ready to act on the Insur- ance bids at the next meeting. The Police Chief asked for a meeting with the Firemen and Policemen. This also included the Mayor, and Commissioners Kelly and Thornton. A meeting was set for Thursday, January 22, 1970 at 8t00 p.m. Thornton asked how long the ditch behind the Fire Station would stay open Respectfully submitted BY Robert E. Houston, Mayor E. R. ay City Uer { January 19, 1970 Page ( 5 )