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HomeMy WebLinkAbout31001 - MINUTES - City Commission law f' l GiIL�F 1'E??TING D.UV, CITY COl''UTSSICN 11=11) ON TU'r''ZD.AY OCTOBEA 7TH, 1969 AT CITY COVIVISSION ROOA, DANIA� FLORIDA z '1011 Call Present Mayor—Commissioxer Robert F. Houston aF Commissioners 71illiam E. Jackson Robert Kelly Boisy Waiters City Attorney Clarke Walden City laxager Stephex A. Derry Building Inspector Hubert Walker Asst Police Chief Mr. Bruegger City Clerk 1. R. Clay 3. Absent: Commissioner Joseph Thornton 1. APPROVAL OF MINUTES OF SiPTEMBER 15TH, SaPTE1lBER 16TH, SaPTE1fBER 23RD & SEPTEYBER 29TH, 1969. Commissioner Kelly stated that in the minutes of September 29, 1969 the minutes did not reflect the fact that the Police Chief did not approve the renewals for the Tic Tac Toe Club or the Torch Club and he would like this put in the minutes. A. motion was then made by Commissioner Waiters to accept the minutes with the correction, this was seconded by Commissioner Kelly, The City Manager than brought up the meeting of September 15th, 1969 and stated he waxted the City Clerk to listen to the tape and correct the minutes on the subject of the Auditors. I would like to apologize to the Commissioners as the tape was not recording only up to the point where the City Manager and Commissioner Jackson were in a discussion, where the City Langer stated the Auditors had come down on Saturday and no one was there to let him in. There was then a discussion between Commissioner Jackson and the City Langer as to when the books were in balance. Commissioner Jaeksox said the Auditor had told him they were getting full cooperation from the people ix the City Nall. Commissioner Jackson them. told the City Manager that there was no use of them arguing without the Auditor being there to verify it one way or the other. Commissioner Waiters them ammended his motion to read accept the minutes '. of September 16th, September 23rd & September 29th with the one correction to be mado, this was seconded by Commissioner Kelly, Roll Call Call was then taken aid the vote was four to zero. 2. iIRST R-;.DING NEIV APPLICATION FINN DUTCH RESTAURANT FOR A 2 COP LICENSE. Commissioner Waiters made a motion it be approved, this was seconded by Commissioner Kelly. All in favor signify in the usual manner, there were four ayes. 3. FIRST iGADING TRANSFER FROM LINNO ESTATE TO ALBERT J. LABONTE & FRANK G. MC G 'MGLS:, GRANADA BAR & LOUNGE A 4 COP LICENSE. Commissioner Jackson moved it be passed on first reading, this was seconded iy 7oiamiscioner -Naiters• Roll call was than taken and the vote was four to zero. L. ";E''AL CF ALCGHOLSC 3EV3RAGB LIUNS1. 1i CCP Balco Foods, L Escargot Restaurant 400 1. Dania Beach Blvd, Dania 2 COP Dew Drop Inn N. W. 5th Avenue, Dania, Florida 2 APS H & 1 Grocery 600 N. W. 3rd Street, Dania, Florida a 1 COP Tarks Clam Stand 1317 S. Federal Hwy, Dania, Florida 2 COP Jean's Ship & Shore Bar 2357 N. Federal Hwy, Dania, Florida Cormissioner Waiters moved they be approved, this was seconded by Commissioner Jcckson. Roll Call was then taken and the vote was four to zero. October 7, 1969 (1) (2) BILIS TO Bi kFFROVID: P;idell .Associates Inc Estimate # 2 t5,322.35 Broome & Farina 4% of above bill 212.89 Commissioner Kelly made a motion they be approved and paid, this was o seconded by Commission Jackson. Roll Call was then taken and the vote was .' 0 four to zero. b. A1'17t91AL OF BILIS PAID FOR THE MONTH OF AUGUST 1969 ' Commissioner Kelly made a motion the bills be approved, this was seconded by Commissioner Jackson. Roll Call was then taken and the vote was three to One, Fayor Houston voting no. He stated he had asked questions on two bills s ar:d had not received an answer as yet so he was voting no. �K 7. Layor Houston then brought up that Commissioner Thornton at a previous meeting m ' had asked that all bills come before the Commission before payment. The Mayor said he thought there should be a Resolution or a 1lotion if this was the wish "z of the Commission. Commissioner Kelly then asked the City Clerk how this would ® effect him, the City Clerk stated it would slow him down as there was only a mcetin,; twice a month, and at the end of the month all checks would have to be held till the first meeting in the following month. The Mayor then asked if they were paving bills during the month, the Clark answered yes as that was the only '1t way he could et the budget out earlier. After discussion it was decided that Y € g the City Clerk should use his judgement the first month as to what bills should T • come, before the commission and see how it worked out. &� 8. AFFOINTIIENT OF FIVE PERSONS FOR EACH OF THE PENSION FUNDS, GBNERAL, POLICE & FIRE. i FR The City Attorney then stated that on the Police & Fireman's Fund they would have to be appointed as listed, but on the General Pension Fund it could be u,. any five persons and did not have to be three employees. The Mayor then said he just heard tonight that there were some employees who had left and did not x receive their money from Provident as they were waiting for the list of the Committees. After discussion it was decided that each Commissioner would pick a name to serve on the General Pension Committee. On the other two Committees it m�s decided that the Police Chief should pick two Police Officers and the Fire Chief would pick two Fireman and the Commission would pick one citizen ® for each rommittee. The Police and Fire Chief Is to be notified to have their names for the next meeting. 9. :tc:QULST FRGH VIA11I 11ULTIPIE SCLEROSIS ASSOCIATION TO CONDUCT DRIVE FROM DECEMBER 1ST TO DrC`s.KBER 21ST9 1969. The City Attorney then read the letter and after discussion Commissioner Kelly made a motion it be approved, this was seconded by Commissioner Jackson. All in favor signify in the usual manner, there were four ayes. 10. The City Attorney then read a letter from the Anchor Club of Hollywood Hills High School asking permission to use the pavillion next to the Chamber of Commerce for • a rummage sale on October llth, 1969 from 8 AM to 4PY.. Commissioner Kelly then made a motion the request be approved, this was seconded by Commissioner Waiters. All in favor signify in the usual manner. There were four ayes. 11. The Vayor then stated that at one time they had a Dania Business Ments Club in Dania and that they had built the Pavillion, lout the Club had not been active for a several years and he understood that the Club had about $700 at the present time. The 1'ayor then asked if the Commission would go along with the City tearing off the old roof and hauling it to the dump, then the Business Men's Club would come 1cn;; and put on the new roof and overhang. After quite a discussion Commissioner Kelly asked that the City Manager check into it and give his ideas, by next meeting. 9 12 . u . 'P1C1;S Fft& THE AUDIE1rCE. TB_ CITY Attorney said llr Collins of the Giant Slide had talked to him downstairs at told him he was having some trouble getting the lighting fixtures he had ordered. ,T Collins then stated he had a few things to do and then he was ready to ;;o except for the lights. After more discussion 11r Collins agreed to start Fay_ rent from the time he started to operate in the daytime. the rent for i the month would be prorated. The Mayor then said the Building Inspector would have to five his OK to have the meter put in and also to authorize Florida Porter & Light to hook up the service, The Building Inspector would also have to inspect slide and issue a CO. This was the wishes of the Commission. October 7, 1969 (2) (3) 1'r Brorm of the Beachway Motel than got up and complained about the night noise from the trucks at the New England Commissary. He said the trucks would move from one side of the commissary to the other and it was distrubing his tenants, as they could not sleep. He ask what kind of a license the New England Oyster House opera.tod under, the Clerk answered they had three license, one for the Bar, one kR3 for the Restaurant :and one for the Commissary.. lrr Brown than asked if this allorrcr. them to operate twenty four hours a day with their trucks coming in and out. Ho stated he had gone to the Police and filed quite a few complaints but nothing rras done. The City Attorney stated the Mayor was right in stating that their license did allow them to operate twenty fours a day same as any other business, but the nuisance law did apply. The City Attorney then ask Mr Brown ® to turn his file over to him and he would write a letter in behalf of the commission and lay the law down to them. 13. The City Attorney then said that the City Manager had written a letter to the Funicipal Code Corporation whose offices were in'Tallahassee. Theyhad given a price of $15 a page with an estimated 350 pages which would come to a total of ® $5,250. In addition there was a charge of $187.50 for 25 binders. He said if they ranted to go ahead they would print up 100 sheets and place them in TNM IM binders. The City Attorney said Mr Berry was working on a price to charge for mn! i. i; uo a City Vap. He said the map was important in the zoning field. Thcro rr_s then a lcr-q!thly discussion, in which the City Manager stated this Conpany had contacted him and he had answered their letter asking if their price w s still $10 a page. The Mayor then asked if this price covered 100 sheets to be in binders the quamity being 25, and then the other sheets could be put in loose leaf form with a simple cover on them, he was told yes. A motion was then made by Co:rdssioner Kelly that the City Attorney be instructed to contact this firm and have them at the next meeting with a contract, this was seconded by Cm-..,:issioner Jackson. Roll Call was than taken and the vote was four to zero. 14. The City Y.anager stated he had a price for the fence at the pier, the price was .?4 a IF the total cost about $800. The City Manager then explained how the fence would be constructed and said he was hoping to keep the price within $500. There was then discussion on corner posts, gate posts etc. The City Manager was goirg to contact Tropical Fence Co and go over the prices with them. The City Tanager them said he thought the Security Guard would start this week end. The City Attorney stated that no agreement was needed between the City rd Heller & Rhodes regarding the payment. The Mayor then ask who the Security Co rras and he was told it was the Sunny Isles Security System. Commissioner Kelly then asked if the Reserve Policemen had been contacted. Asst Chief Bruegger ® answered they were not interested and that he did not want a regular off duty Policeman to hand it with arresting powers because he would have to appear in court and this would take him away from his regular duties. It was brought out that the guard hired did not have arresting powers but if there was any trouble the regular Police would respond and that way they would have double coverage. The Oity Tanager stated he had spoken to the Security Co and told them they ;!:ould ^=':e their agreement with the two tenants. It was decided to keep them off the City Payroll and have the City issue a check to Heller € Rhodes for the Cities one third. The City Attorney said he would work with Mr Bruegger on the insurance. The Vayor then stated he did not want the guard to start till the City Attorney said the City was covered by Insurance. The City Manager said he 131c check on the insurance the next day. Bill Rhodes wanted to pay the City ® in his rent check and the Vayor said no, they were to pay the Security Co direct. The 'ity Tanager then stated sometime ago he was asked to bring the fingerprinting uj, to date :ind he wanted to report that it had boon completed. Ttr^ City Tanager then stated that on abolishing of buildings that they were about el ready to go to work on four of them, but on a last minute check with the City Attorney regarding the notices he found out that the 10 day notices had mot gone out as yet. The City Attorney stated that sometime ago Mr Walker had givem him find. Cm,nerfs names on four parcels but it was necessary to check at the Court House as some sere in Corporation names. The City Manager stated the four were On- on Dan Bryant, Two for Sterling Collins and one for Mizell. He also stated p_ th;t one address was 10 N. i7. 5th Avenue and there is no 10 but there is an 8. :ity Attorney said they must go by the legal and he would get a copy of the Flot Flan and get the right lot number. The City Manager said he had stopped eve-- thirz till these questions were answered. October 7. 1969 (3) - (4) The City iianager then brought up that he would like to advertise for Police cars and a pick up truck. There was then a lengthy discussion of rrhy the truck was needed and who would use it. It was finally rr�i.;�I:eci out that at the time the Public R'orks Director was hired he ryas promised transportation and that is what the truck should be for. It was then stated that Police Car # 4 had been out to the garage for about a rr6.ck and was having major work done on it and it would have to be used for some time, so this vehicle could possibly be used somewhere. The City lfanager then explained that he had checked with the garage over the phone regarding their estimate for $160 he said they were charging for replacing front wheal bearings which was already included in the front end overhaul., he also asked if the service salesman was on commission and they said yas, he asked about the mechanic and he was on commission also the parts rmn was on commission so he told them to forget the order. Cormnissioner Kelly then said the City Manager was a hard guy to do business with. The Mayor then remarked they were getting"so chincy that he wondered if anyone would want to do business with the City. The Mayor then brought the pole and lights that were replaced on Sheridan St a short time ago. He said Bob LaCroix had been coming out at night and doing work for the City and that he also stocked lights for the City, and at that time he had three or four on hand, he stated he did not know if T_aCroix price was more or not. He said LaCroix would like to sell the lights to the City. He also said he never remembered LaCroix charging overtime. The Mayor also said he had found out that the man who did the work did not have a license in the City of Dania. Commissioner Kelly said he thought the City saved $500 on the. Pole 8-. Lights. The City lfanager said the man that did the work was a former employyee of Ft Lauderdale Traffic Engineering Department and that he was trying to negotiate with him to take care of the traffic lights. The Tayor then stated that Mr. LaCroix wanted to come before the Commission and short them how much money they saved. The Layor then said talking about fences at the Pier he waited to bring up the fact that down along the Golf Course is where the City takes its storm water, and at the corner of 5th Ave & 3rd St there is a pump, and on each side of the ditch that carries the water down there, there was a fence to stop the rubbish from going in and getting to the pump as this would ruin the pump. He stated that in the last few days right after a rain he went dorm and checked and found both fences down.. He would like to see both fences put up immediately.. He said Tropical Fence did the work before. The City Tanager said he would check it out. The City Tanager then brought up that some time ago on the resurfacing of the streets on the West Side that it was decided to go ahead and put in the storm drains, he said he contacted the man that did the work before and was given a price of $400. He said he had found out that there was a drain pipe on the North end of town that drains into the canal and he could eliminate on of the drain the City Engineers had figured, and he thought for the five drains he could have it done for under $1000. The Mayor stated he did not see why Ole Ed's price should have gone up from 300 to 400 dollars for a regular dry well unless the Specs had been changed. He said the way this was quoted there was a drain field �51 on both sides, and he thought they were quoted before 351 on one side. The City )danger stated he had looked up and found out that he had charged $400 on two and 1$435 on another one and this was two years ago. The Mayor said he had put three t1d s year and the price on two was $300 and on the other one $400, It eras stated that the one on N14 7th Ave was not working as the City did .ot replace the Asphalt and it was filled with sand. It should be cleaned out and the Asphalt replaced. Commissioner Waiters then said he wondered if it could not be cheaper to like on Phippen Road to put in a line and tic it into the drain on 5th Aveyr.at. The Mayor then stated that the 5th AVe.iun litre was overloaded now. Commissioner Kelly then asked the City Yana-er if the Dry 1,'ell on Phippen Road was included in the list he had@ lie said he did not recognize the name. Commissioner Kelly then said that the Dry dell on Phippen road had been authorized a month or two ago. The 17ayor then brought up that the two catch basins one one S. We 5th St and the other on S. We 6th St. The one in front of Bill Jacksoals house ras full of trash and has been cleaned out and it works perfect, the other one ;:as not been cleaned out and is not working, the City ]danger said he ;could check into why the second one had not been corrected. October 7, 1969 (4) r,y The City Tanager then stated that the County Crew was filling in the ..' pot 1{o3.os, they arrive at 10 All and leave at 3 PM. He said as soon as all the Pot Holes were filled in then the Contractor could come in and do the work. But that the Contractor was from 3 to 6 month behind ix County demands. The Contractor is to squeeze Dania's work in when the the County demand is; not to great. The Mayor then said that before they came in someone would have to go dorm these street and clean the grass and other things off the sides so you would knew where the road was. The City Manager agreed and said he was -working with the Public Works Director to see what could be donee The Vayor got back to the subject of Dry Yells and said he would like to see the man put in the same type of dry wells he put in in the last 60 days and for the same price $300/ The City Manager was asked to check back with 01e Ed's and see if he could not do the work for $300. The City lfanagor said on. the Sewer Plant Expansion he would like to meet with the utility Committee and resolve some problems there. He said the City was committed to another Engineering Firm. He said he would like the City Attorney to sit in on the meeting. He said after the meeting they could come back before the commissiox as there was two years involved here. He stated he could not carry out the Commission wishes until the previous commitment has been. resolved. The City Manager then brought up that he had written a Memo # 4B to the Commissioners on the Technical Advisory Committee of Ft Iauderdale, he said he had been to several of there meeting and that the Mayor had been there to. He stated that it would have to be covered by resolution as to rrhe would represent Dania. Commissioner Kelly made a motion that the City Larger should be appointed to represent Dania and have the one vote, this eras seconded by Commissioner Waiters* Roll Call Was take* and the vote was four to zero. The City Manager then said I received this memo from the Director of Public 17orks, On Monday October 6th Mr Houston Mayor of Dania made a Personal can to Public Works Garage and inquired about the condition of # 15 Tractor that's the Ferguson Tractor. Mr Houston was told by the Foreman that # 15 Tractor was near ready but during the test for pressure on the lines we discovered a broken valve cover and that # 15 should not be operated until the valve cover is repaired. Mr Houston this is the part I object to, Mr Houston then instructed the Foremen to put # 15 Tractor into operation at once. This is a violation of the Charter. Had I not contradicted Mr Houston's instructions we would have duplicated all the labor and some parts to the extent of $200 in repairs which we would have had to pay all over again. If that instruction had been carried out that is the part I object to my specific instructions to the mechanic was not to operate # 15 until the valve cover had be-:.i replaced. Director of Public Works came to me very disturbed and so was the mechanic and this is not the first time, this has happened it's beer happening this is a definite violation of the charter aid I'd like to have permission that these kind of things be stopped. Mayor Houston I'm going to take a few minutes to answer you Mr. Derry. Mr Derry no answer necessarye Mayor Houston r+cll you sit and listen to me I sat and listexed to you. The City Manager then repeated we must go by the Charter or throw the Charter out. The City Manager said well the point if last Friday you gave a girl instructions in the Water Department that I want 300 cards to go out every day and that girl went home almost crying. Mayor Houston Now you know that's a god damm lie. City Manager it is not a lie it was witnessed. L'ayor Houstox, you are possible the biggest liar that I have ever run into in my life. City Manager, it was witnessed Mr l:ayor and a violation of the charter. Mayor Houston, Now just a minute I haven't talked to your Public Yorks man in a week and I never talked to your mechanic about sending your tractor out or anything else, the mechanic was not there .hen I saw the Tractor neither was the Public Works man, and I could not tell if the Tractor was ready to go out or it wasn't, now I'm going to ask you to do this, I'm going to ask you to summon these employees in that have been telling you, and have them tell it in frox`. of the Commissioners or a committee or either one and resolve this thing once and for all because you absolutely are the biggest liar that I have seen in this Commission Room and I've seen some big ones. The City Manager said well that's beside the point. ' October 7, 1969 �5� (6) IBM as Corn.ission Jackson then said I would like to step in now, it seems these arguments always involve you and the Mayor. He asked if everyone was following the charter. He said he agreed the people involved should be brought in, he said it seemed everyone was wrong but you Mr Derry. He this thing of calling each other liar°s he was sick of. He said it was not fair to the City it was not fair to nobody let's bring them in. 1'.ayor Houston then asked the City Manager if he had a copy of the letter from the Public Works Director, that he would like a copy of it, the City lianager said he would give him one in the morning. A Reverend then got up and addressed Mayor Houston and said he thought it was terrible to take the Lord's name in vain, the Mayor then apoligized but said if you had to sit up here and take this stuff you might get a little out of order yourself. Commissioner i'faiters then said he would like the City to go on record as opposing the closing of the Dania Post Office: The City Attorney said he would handle the writing of a resolution. The Commissioners all said aye. The Mayor than said he had noticed that at loth Street and the Federal Hwy there had been some fill hauled in and it had been laying there for a couple of months,, it was broken up sidewalks and everything also. he said that Mr Richardson or the. Building Inspector who ever department this came under to take care of it immediately. The Mayor then brought up the subject of theilots on the West Side which was actually Acreage and wondered if they had gotten any prices. The City Manager said he had gotten a price of $6500 and he had written both property owners and given them 10 days notice. The City Manager was asked what price he had put in the letter and he answered in excess of $500, The City Manager was 0 asked to have the price at the next meeting. The Mayor then asked about the Beach Parking Lot regarding the paving. The City Manager then gave an explanation of what he had done and that the City Engineers said the lot only needed resurfacing and that their services were not necessary. The Mayor then stated that resurfacing would not do the job, 0 he said everything should be torn up and a complete job done. There was then discussion regarding the State Right of Way. The Yayor then brought up about three Meters being down at the beach one holds two meters and one holds one, he said they had been down for sometime and the posts would have to be broken out and new posts put and the meters 0 reinstalled. He stated these were important meters as they were used whenever a-:yone was at the beach. The I.3yor then brought up the Pavillion at the Beach, he stated some years ago they wanted to tear it down, he said all it needed was for a man with a gunite machine to out there and guaite all the rafters. He said if this was 0 not done soon the rust would eat them out and they would need a new roof. The City Manager said he would check it out and see if it was in the budget. The l:ayor said if it was not in the budget they would take it out of some other fund. ` The Mayor then brought up the fact that he had noticed that at the City Dump \ 0 there acre a bunch of cardboard boxes there and he wondered if we were hauling them. The City Langer said they were hauling some boxes there but to what extent he did not know. The K1# Mayor said that at a previous meeting they had passed that all boxes should be cut up and baled. The City Manager then `ated 1P -. mild like nothing better to carry out the Commission request but 1.i. ..�- r^ceiv�d threats. Tho l:a;ror then brought up the license of gas stations, he said he thought they had decided on the Gas Station paying for a license for the pumps and soft drink machine and u—haul it they had them, he wondered if this had been ch.anl;ed. Comrissioner "7aiters then said he did not think this had ever been clam--tied as to what was what. There was then a long discussion regarding 0 - ^erchant License and Repair Shop License for Service Stations. Commissioner E; liy then made a motion that any money that had been collected from Service 3taticn3 for a Repair Shop License should be refunded, this was seconded by iener Jackson. All in favor signify in the usual manner. There were femur ayes. October 7, 1969 (6) Commissioner Jackson then stated he had cooled off a little bit and wanted to say when he came on this commission he said he mould tske no sides and I mould be liar 100% and that he did not want to start any arguments* flc said he had on little pick and that was with the City Manager, every time I 'talked to him lately he informs me that they're trying to get me on their side and I have informed him and I've made public I have no side, now the • next time he refers to me as being brai.mvashed he'll need Rev Medina or a Priest. I resent it and if he says it again I'm going to watch everybody as far as this Charter goes, there have been two or three statements made and I have said no such thing. I'd like to ask the City Attorney now if there is any Ordinance or Resolution drawn that a City Commissioner can't talk to a City Employee, I don't mean about gibing them orders or anything like that I mean be c. • discussing any of their problems. City Attorney answered well sure you can talk to any Employees or Dept Heads the only.provision is giving orders. Obviously the one of the best ways of the commission to find out what's going on in the City is to talk to the people. Commissioner Jacksox that's my impression and I think a lot of us may be guilty. • Anyway L"r City Manager I want an apolgy you tolling me i',ve been brainwashed you may have your opinions but yould better state it and make it clear. I!ve becu a friend of yours and I've banked you 100% and I resent it to No and ii• 7)rry. City Manager Yr Commissioner we still will be friends. Commissioner Jackson I still did'nt get an apolgy, but watch it just like I told you. City L'.anager I'de be disappointed if you did'nt. Commissioner Jackson I'll take it • that you don't want to apoligize. City Manager No that's your decision Commissioner Jackson, you made the statement. Commissioner Jackson well I gave you the opportunity you can't say I did'nt. i'.eeting was adjourned. • aespectfui7y`Winitted �e'�6. d►��16� Mayor Robert Be Hou City gCy atox • • • Cc tci;nr 7, 1969 (7)