HomeMy WebLinkAbout31045 - MINUTES - City Commission q
Ask
Minutes of the Dania City Commission
held in City Hall, Dania, Florida,
on October 79 1968 at 8 P.M.
Mayor Kelly called the meeting to order. The Invocation and
Pledge to the Flag followed. The Clerk called the roll as
follows:
' PRESENT: Commissioners Houston; Marant; Thornton$, at
Waiters, and Mayor-Commissioner Kelly;
City Attorney Walden, City Manager Goldberg, }
and Police Chief Parton.
ABSENT: None. '
City Attorney Walden stated the first item on the agenda was the
approval of the Minutes of September loth, September 169
Yk
September 23rd and September 30th, 1968, "`�,a
Commissioner Marant made a motion that the Minutes be approved;
seconded by Commissioner Houston, and passed on roll call vote
as follows:
AYES: Commissioners Houston; Marant'. Thornton; Waiters?
J. ..
and Mayor-CommisalonBr Kelly.
NAYES: None.
City Attorney Walden said that the agenda did not show it but he
had a letter of resignation dated September 23, 1968 from E. R.
Clay, City Clerk.
He then presented the letter to the City Commissioners and stated
the letter should be made part of the record.
Commissioner Marant made a motion that the letter of resignation
of E. R. Clay, City Clerk, be accepted; the motion was seconded by
Commissioner Waiters, and passed on roll call vote as follows;
Ayes: Commissioner Marant (see comment) ; Commissioner
Waiters, and Mayor-Commissioner Kelly (see comment) .
NAYES: Commissioner Houston (see comment) and
Commissioner Thornton.
(Commissioner Houston said he was sorry to see the City Clerk
resign; that it would be very hard to find another man as good
as he was; that this was a surprise. He said there were a number
of accusations made in the letter which had not been explained or
investigated; therefore, he would vote "No" .)
(Commissioner Marant said he would vote "Yes" because he thought
the letter was a bunch of lies.)
(Mayor Kelly said he would like to qualify his vote also. He said
he was sorry to see the man resign also but Mr. Clay had certainly
violated all code of ethics when he exhibited his gripes to the
newspapers instead of the Commission; that in view of this the man
was of no further value to the City, so he would vote "Yes",)
City Manager Goldberg said there were several points he would like
to express now that he had heard the letter; that he could not
explain them before because he had not seen the letter before.
He said he had several documents that he was sure the public would
see for what they were. He also said that it had been brought to
his attention by several people that the City Clerk had said he could
not get all his work done because of confusion around and had taken
the work home with him; that a lot of employees would like to do that;
and he hoped that Mr. Clay had returned all the records.
-1-
City I+Ianager Goldberg then read a letter written by Mr. Clay to
the Personnel Director Mace dated September 13, 1968. (Letter
to be made part of the records of this meeting.) This letter a'
outlined suggestions from the City Clerk to improve the personnel
procedures.
Mr. Goldberg then p
presented a letter dated September 17, 1968 from ,i
the Personnel Director, Robert Mace, to the City Manager in reference
to the Memo from E. H. Clay. (Letter to be part of the record of
n: this meeting.)
S",
City Attorney Walden said that a suggestion had been made that a
temporary City Clerk be appointed primarily for the election that w"
was to be held Tuesday; October 8, 1968. n
CityManager Goldberg said he recommended that the y appoint Mr.
Thomas Franklin; that Mr. Franklin was -the City Clerk in Hallandale;
t
that the City of Hallandale had offered to laon him to Dania when 4
C they were approached for suggestions. He said Mr. Franklin was
well qualified to handle the election and they could have him onM
a day to day basis but he no doubt would not be able to stay longer
than a few days; that he also thought a vote of thanks should go 4
' L to Hallandale for making the offer. `
Commissioner Houston said he knew the officials of Hallandale and
that I•Ir. Franklin had held that position for about 15 Years or in
some such capacity and he was well qualified.
F xk
r
-� I•Ir. Goldberg asked that the Resolution include adequate compensation
for Mr. Franklints services.
Commissioner Houston said the City of Hallandale was paying Mr.
Franklin and didntt think they should pay him.
Mayor Kelly said adquate compensation should be paid to the City
In that case.
Commissioner Marant made a motion that Thomas Franklin. City Clerk
of Hallandale, be appointed pro tern City Clerk of Dania on a day
to day basis with adequate compensation to be paid to the City of
Hallandale for his services; that Mr. Franklin should be under no
obligation to stay if his services were required in Hallandale for
any reason; the motion was seconded by Commissioner Waiters and
passed on roll call vote as follows:
AYES: Commissioners Houston; Marant; Thornton',- Waiters;
and Mayor-Commissioner Kelly.
NAYES: None.
City Attorney Walden said the nest thing should be to appoint a
Deputy Clerk and allow that person to sign checks.
9 Commissioner Marant made a motion that Elaine Walls be put in
position of Acting Deputy Clerk and her signature be cleared to
sign checks; the motion was seconded by Commissioner Waiters and
passed on roll call vote as follows:
%,0 AYES: Commissioners Houston, Marant, Thornton;
Waiters, and Mayor-Commissioner Kelly.
NAYES: None.
City Attorney Walden stated Item 2 on the agenda was the Alcoholic
® Beverage License Transfers. He then presented a list of such
transfers.
Chief of Police Parton said he had approved all of them.
Commissioner Marant made a motion that the Alcoholic Beverage License
Transfers be passed on first reading; the motion was seconded by
Commissioner Thornton, and passed on roll call vote as follows:
AYES: Commissioners Houston,' Marant Thornton,
Waiters, and Mayor-Commissioner Kelly.
NAYES: None.
-2-
City Attorney Walden stated Item 3 was a Public Hearing set for
8:15 P.M. which was Application of Milton L. Jones, Jr. for a variance
permit to construct improvements with the minimum setback areas.
[sir. Walker said the man was asking for a variance for about 3or 4
feet in the front and 10 feet in the back; that this was an odd
shaped lot.
Commissioner Waiters said the City Ordinance called for setbacks of
15 feet in the front and 20 feet in the rear; that Mr. Jones wanted
to build 16 feet from the front and 10 feet from the rear.
Mr. Jones presented a set of plans. Mr. Walker said he had never
seen this set of plans.
There was a lenghthy discussion of the matter.
Two objections were voiced. One from Mr. Austin and one from a
lady who owned an adjoining lot.
Commissioner Thornton pointed out that they could not approve the
plans until such plans were brought before the Zoning Board for their
recommendation.
Commissioner Marant made a motion that the matter be tabled until
such time as Mr. Jones went before the Zoning Board and presented
plans for their approval; the motion was seconded by Commissioner
Thornton and passed on roll call vote as follows:
AYES: Commissioners Houston; Maranti, Thornton,
O Waiters, and Mayor-Commissioner Kelly.
NAYES: None.
Commissioner Marant said one transfer of license which they had
denied earlier had been checked out by the Fire Department and
S the Hotel Commission and the place had passed.
He made a motion that the license be granted to Ellis Garrett;
the motion was seconded by Commissioner Houston; and passed on
` roll call vote as follows:
AYES: Commissioners Houston; Marant Thornton;
.O Waiters; and Mayor-Commissioner Kelly.
NAYES: None.
Mayor Kelly asked if there were any bids in the audienoe for the
paving bids. There were none.
Mr. Goldberg said he had only one bid.
Commissioner Marant made a motion that the bids for paving be
closed.
City Attorney Walden said there should be at leas4two bids.
In a discussion that followed- he said that they could readvertise
for bids but certanly should not open the one bid since that would
make a hardship on Hardrive if they were a high bid.
Commissioner Marant withdrew his motion to close the bids for
paving and moved that they reject the bid from Hardrive unopened
and readvertise for bids on the paving; the motion was seconded
by Commissioner Thornton and passed on roll call vote as follows:
AYES: Commissioners Houston; Marant ' Thornton;-
Waiters. and Mayor-Commissioner Kelly.
NAYES: None.
-3-
City Attorney Walden stated Item 4 on agenda was a Public Hearing
on the application of Lewis H. Brazelton and Donna M. Brazelton;
Husband and Wife; for a variance permit to construct duplex apattmenits.
[Mayor Kelly asked for objections. There were none.
Commissioner Houston made a motion that if there was over '000
® square feet remaining after the duplex partments were built that
the recommendation of the Zoning Board be accepted; the motion
? was seconded by Commissioner Marant and passed on roll call vote
as folbws:
)' AYES: Commissioners Houston* Marant; Thornton,'
® Waiters., and : ayor-Commissioner Kelly.
NAYES: None.
a"3 City Attorney Walden stated Item 5 on agenda was 3rd Reading of
R-Apt. Zoning Classification ordinance for Swanson-Miller.
3, ® He then presented the Ordinance on 3rd reading.
.w After adiscussion of the right-of-way to be dedicated to the City
k it was suggested that the matter be tabled until Wednesday; October 9th
1968 at 11 A.M. It was so moved by Commissioner Houstond and
seconded by Commissioner Thornton; and passed on roll call vote
as follows:
AYES: Commissioners Houston;' Marant,q Thornton;.
t" Waiters, and Mayor-Commissioner Kelly.
{ ® NAPES: None.
City Attorney Walden stated Item 6 was Sewer Assessment #1031A in
amount of $122.00; that it was a Parcel in the old Major Bailley
Estate (Poinciana Park Subdivision) ; that the City Engineer
recommended taking it from the rolls.
® Commissioner Houston said he had discussed this with the County
Assessor and the City Attorney; that they had pointed out that
the assessment was right. He said this had once been the site of
the Episcopal Church which had blown down during the 1926 storm.
Commissioner Houston made a motion that the assessment betaken from
the rolls; the motion was seconded by Commissioner Marant and passed
on roll call vote as follows:
AYES: Commissioners Houston; Marant; Thornton;
Waiter, and Mayor-Commissioner Kelly.
• NAYES: None.
Mayor Kelly said the next item was the Used Cash Register for the
Police Department which is RCA make with one drawer and the price
was 1 3?5.00; that City Clerk Clay and himself had discussed this
® after the auditors said purchasing a cash register for the Police
Department might be one solution to their audit problems; that
he would now recommend that this be tabled until after the new
auditors made their recommendations.
No further action was taken on the matter.
® City Attorney presented a letter from J. Paul Monk; Jr.w Pastor;'
of the Seventh Day Adventists requesting permission for door to
door solicitations.
A representative from the Church appeared on behalf of the request.
0_ He explained that they used these contributions in much the same
manner as the Salvation Army and other charities; that they had
been doing it for years.
s -4-
Commissioners Waiters made a motion that permission be granted
to the Seventh Day Adventists to matte door to door solicitations
® provided that all such solicitors obtain I.D. cards from the
i'olice Department, and further provided that all such solicitations
be made during day light hours; the motion was seconded by
Commissioner Marant and passed on roll call vote as follows:
t
? O AYES: Commissioners Houston,, Marant, Thornton,!
Waiters, and Mayor-Commissioner Kelly.
NAPES: None.
O City Attorney Walden presented the Statement of Policy and Intent
as requested by Bldg. Inspector Walker. (A copy of this Statement
to be part of the Minutes of this meeting.)
City Attorney Walden stated they needed one more reading on the
Swale Ordinance; that it had passed on two readings and failed
® on the third reading by two votes; that it was on theagenda
under Statement of Policy and Inbnt of the Bldg. Inspector.
It was agreed to place it on the agenda for the third reading.
City Attorney Walden presented the Swale Ordinance for the third
reading.
® Commissioner Thornton said he agreed with part of it and not with
part of it. A sketch was presented showing the swale area.
A discussion followed.
Commissioner Marant made a mo i�hat the Ordinance pertaining
O to Swale Areas be adopted on reading; the motion was seconded
by Commissioner daiters, and � roll call vote as follows:
AYES: Commissioners Marant and Waiters,' and
Mayor-Commissioner Kelly.
MAYES: Commissioners Houston and Thornton.
O
City Attorney Walden stated Item 10 on agenda was the second reading
of the agreement between the City and the Giant Amusement Co.-
Giant Slide; that the Representative had been requested to bring
in a Plot Plan at the September 16, 1968 meeting.
He then presented the lease agreement which was attached to the
plot Dian. He stated this Lease Agreement should be made part
of the Minutes of the meetings that this would be the sect.>id
reading.
Commissioner Houston inquired as to whether or not they had water
facilities there so the children should not have to cross the
O street which would be dangerous. Mr. Hickey said there was a
crater 'line in there that could be used; that the children going
on the Slide would only be there for a short time so that it
wouldn't seem to be a problem.
City Manager Goldberg said he wanted to see the Giant Slide be
made safe for the children so that they eouldntt break their
d legs or arms on the sides. Mr. Hickey assured him this would
be looked after.
: r. Goldberg said there might be some conflict in parking with the
!-urine World but Air. Hickey said again that there would not be any
long period parking so they would like to stay in the beach area
so that the crowds could be attracted.
Commissioner Houston made a motion that the Lease Agreement with
Giant Amusement Co.-Giant Slide be approved on second reading
subject to the changes as recommended by the City Commission;
the motion was seconded by Commissioner Marant and passed on
roll call vote as follows:
AYES: Commissioners Houston; Marant Thornton,
Waiters and Mayor-Commissioner Kelly.
NAYES: None.
-5-
4'
i
City Attorney Walden stated Item 11 was City Manager►s Report,
City Manager Goldberg stated that the first bill was to Degaudio & Sons.
for sewer and water construction. He said that the City Engineer
had gone over the sewer and water construction and found it to a
be complete; that chemical tests had been made as well.
He stated the amount, of the bill was $5,265.259 He said it
was broken down in two pants; $3,728.20 for Sewers and
$1, 537.05 for Water; that this was the final payment. He said
z the City had been unable to get the fire hydrant so there would5
be a deduction of $218.00.
Commissioner Waiters made a motion that the bill to Degaudio & Sons
in amount of $5,265.25 be paid; the motion was seconded by Commissioner
Marant and passed on roll call vote as- follows:
AYES: Commissioners Houston, Thornton, Marant;
j- Waiters and Mayor-Commissioner Kelly.
i
2 ® NAYES: None.
City Manager Goldberg presented the next bill from Linduous; Waite & Co.
} for auditing services to October,, 1968 in amount of $173.50 for
16-3/4 hours.
He said if this firm hdd been appointed the new auditors this would
have been included in their services but since they were not; they
' had billed for services rendered.
Commissioner Marant made a motion that the bill be paid; the motion
® was seconded by Commissioner Waiters and passed on roll call vote
as follows:
AYES: Commissioners Houston; Thornton; Marant;
Waiters, and Mayor-Commissioner Kelly.
® NAYES: None.
idayor Kelly requested the City Manager to write the firm a letter
asking them to cooperate with the new auditors. City Manager Goldberg
said he had already done so and had their full cooperation.
The next bill presented was the Engineering Bill per oontractr as
follows:
A. Delegal $ 63644.76
Be Gaudio 8564.6o
C. Gaudio IF.187.95
Total: $19,397.31
4% of $19,397.31 = $775.89
On question from Commissioner Houstong, Mr. Goldberg said 7% was
paid for engineering and 4% for supervision.
City Engineer said the job was supervised; that there was some
problems with the drainage but by installing swales on part of
that area some of it should be alleviated.
Commissioner Thornton said the water was thee all the time and
asked the elevation of the road.
There was a discussion of the matteVe pertaining to the swale
areas, elevations in that area, the right-of-way area and the
• roads into the trailer park.
Commissioner Waiters made a motion that the Engineering bill
be paid; the motion was seconded by Commissioner Marant and
passed on roll call vote as follows:
AYES : Commissbners Houston;- Marant, Thornton;
Waiters, and Mayor-Commissioner Kelly.
:IAYES: None.
7
-6-
City Manager Goldberg presented sewer assessment agreement
between Maude Bryan and Virgida L. Smith and the City of
s
Dania for assessment of $305.00. Y
Commissioner Houston made a motion that the assessment be H
approved; the motion was seconded by Commissioner Marant
and passed on roll call vote as follows:
AYES : Commissioners Houston, Marant, Thornton;
Waiters, and Mayor-Commissioner Kelly. "r
r7n
NAYES: None.
City Manager Goldberg asked that he be authorized to advertise
for bids for three poles and rewiring of lights at Frost Park y
and two poles and rewiring of lights at West Side Park. sri
Commissioner Marant made a motion that the City Manager be fP
authorized to advertise for bids as requested and such bids to be
presented November . .4, 1968 at 8:15 P.M.; the motion was seconded
Commissioner Waiters and passed on roll call vote as follows:
AYES : Commissioners Houston, Marant; Thornton;
Waiters, and Mayor-Commissioner Kelly.
NAYES: None.
City Manager Goldberg said he had a letter addressed to City Attorney
Walden from the State Beverage Department to the effect that they
® had revolted the license of both the Tic Tac Toe Club and the
Show Bar; that both were on appeal.
He said this came about last year when the Commission had thought
maybe the State Beverage Department could do something about the
matter; that the Commission had felt that they would rather forego
the r1500.00 in order to eliminate the constant problem seemingly
occuring at the clubs; that even though their licenses had been
revoked the clubs had continued to operate and they didn't have the
;$1500.00 license fee to show for it. He asked authorization to write
the State Beverage Department to see if he could get the Cityts money
back.
Commissioner Marant made a motion that the City Manager be authorized
® to write the State Beverage Department and point out to them that
the City was so informed that if they would not issue the license
for thise clubs, that there was a distinct possibility that the
State Beverage Dept. could do something; that based on that premise
they bad expected the State Beverage Dept* to live up to their
rromise; the motion was seconded by Commisioner Waiters and passed
'i on roll call vote as follows:
AYES : Commissioners Marant, Thornton, Waiters;
and Mayor-Commissioner Kelly.
NAYES: Commissioner Houston (He said he thought the City
® Attorney should write the letter.)
It was agreed that the City Manager should be authorized to call a
meeting of the Utility Committee. No motion necessary.
City Manager Goldberg stated there had been a proposal from Mr.
Bud Krohn to use the Marine Life Building; that Mr. Krohn had
presented a written proposal to accept the lease of the Marine
World with certain provisions.
Captain Bud Krohn appeared on behalf of his proposal. He said he
was very interested in the Marine Life location; that he had indicated
in several discussions whathis plans were. He said he would landscape
the building to break up the bareness; that he would accept the
-7-
original .lease with certain exceptions and other provisions.
He said he could put in an escalator clause. He made a
presentation to the Commission of his plans.
.f Commissioner Marant said he had discussed the putting up in an
escrow fund a 1$5,000 bond so that if the place went out of business
the creditors in the City could get paid.
a Mayor Kelly said the City Attorney had pointed out to him that
such a matter must come before the City Commission at three
+ regular meetings; that it had been Mr. Walden's understanding that
F' Hr. Krohn would have some kind of lease with him and an attorney.
y,
It was advised that the City Commission and the Recreation Committee
} get together later in the week, go over the proposal and then present
it at a regular meeting.
Commissioner Marant suggested that they have the meeting on Wednesday,
October 9, 1968 at 7 P.M. No motion was necessary.
r�
City Manager Goldberg said the Personnel Director had submitted the
n; payroll for all civil employees and it was his opinion that fair
treatment to all was provided with a decent pay raise to all and
' discrimination to anyone; the the pay plan from last March was
u
adopted to be computed from January 1st.
t Commissioner i;arant suggested that the Finance Committee also meet
on 4ednesday night.
i'
' bir. Goldberg said he had a meeting with the City Attorney and the
Acting City Clerk regarding the election; that the City Clerk had
' advised the clerks in charge of the three polling places of their
responsibilities and everything was ready. He said there were some
complaints about last time.
Commissioner Marant said the problem arose last time by the candidates
going around the precincts; that the Clerks should report anym meandidate
going within 300 feet of the precinct polling place; that they should
use discretion since there were bound to be some people roaming around
but to have the cars patrol the areas.
The next item on the agenda was City Attorney Report,
City Attorney Walden said one very important matter he had was to
discuss the night club's extra hours beverage licenses; that it
was customary each year at the the beginning of the license year
on October 1st to renew any of the extra-hours licenses; that none
s of the licenses were renewed last year; that they had talked of
nossible amendments and also talk of following the ordinances of
North Bay Village but the Circuit Court had declared their ordinances
invalid in that there are no reasonable hours; that some have to close
at one time and some another~ that he had hoped to consider the North
Bay Village case and then recommend changes to the City Commission.
,. He said the attorney for the Tic Tac Toe Club had inferred thathe
would file a lawsuit against the City of Dania to force the City to
issue the extra-hours license; that at this point there is no legal
way you can justify two different catagoriesl that it was his
suggestion that the Night Club Ordinance be repealed and a uniform
r law be put in effect; that unless the ordinance was made uniform
it was almost fruitless to go into Circuit Court but if the ordinance
was repealed and uniform closing hours agreed on, then the City would
gg have the right to close bars and clubs when they wanted to.
F Commissioner Marant made a motion that Ordinance No. 515 be repealed
;1 and that a uniform ordinance be passed regulating the hours of a
[ licensee to sell alcoholic beverages; the motion was seconded by
Commissioner Waiters.
City Attorney Walden presented the Ordinance 515 and pointed out where
the amendment to control the hours of clubs could be enacted.
He said they should get rid of the night club classification and
get rid of the distinction.
-8-
Ark
WE
Commissioner Houston said he didn't want to see any of the local
places knocked out of business but he was surprised when the hours
were increased and more surprised when he found out that anyone
with a beer license could get a 4 A.M. license; that he would like
to see the City have a little more control over the licenses.
Commissioner Waiters said he agreed that they should have more control
but the City Attorney was saying that everyone should be treated the
same and he didn't see how they could determine that.
Commissioner Houston said he was willing to leave that uI to the
City Attorney.
Bob DeCouxsey, one of the owners of Joe's Bar, said the vendors in
5j'' Dania paid $25,000 a year for the permission to oprate here; that
the competition from Hallandale and Hollywood was stiTf; that they
should be allowed a reasonable closing hour.
A lengthy discussion of a reasonable closing hour followed.
Commissioner Marant said 2 o' clock A.M. seemed a fair closing hour
and made that part of his motion.
The motion made by Commissioner Marant and seconded by Commissioner
14aiters that Ordinance No. 515 be repealed and that 2 A.M. be the
closing hour for all licensees of alcoholic beverages passed on
roll call vote as follows:
® AYES: Commissioners Houston, Marant, Thornton-, and
Waiters, and Mayor-Commissioner Kelly.
NAYES: None.
It was recommended that the City Attorney immediately prepare an
Ordinance to give the City some protection against lawsuits in the
respect of closing hours for clubs.
City Attorney read Ordinance No. 515 for second readrneq amending
the hours for selling alcoholic beverages.
0 The City Attorney read Ordinance No. 515 for third reading;' amending
Section 2 of Ordinance .515 to read that the closing hours for selling
alcoholic beverages shall be 2 A.M. Monday through 3atdLjay and
shall begin at 1 P.M. on Sunday.
Commissioner Harant made a motion that the Ordinance be passed on
second and third reading; the motion was seconded by Commissioner
Houston, and passed on roll call vote as follows:
AYES: Commissioners Houston, Marant, Thornton,
Waiters, and Mayor-Commissioner Kelly
A NAYES: None.
It was agreed that the bar owners should get together and reemmmend
to the City Commission.
Commissioner Thornton asked if the City Engineer got paid from the
0 time he arrived until he left or Just how they were billed.
He made a motion that if the City Engineer was being paid for all
the time he was there waiting, that in the future they take him
first; the motion was seconded by Commissioner Houston; and passed
on roll call vote as follows:
G AYES: Commissioners Houston; Marant, Thornton,
Waiters, and Mayor-Commissioner Kelly.
DIAYES: None.
There being no further business, on motion made, seconded and
wuznimously carried, the meeting was adjourned.
Respectfully submitted,
MAY - OiW01TER4L
-5L