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HomeMy WebLinkAbout31066 - MINUTES - City Commission T > ? MINUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA HELD ON JUNE 245 196 -1- The City Commission of the City of Dania, Florida, held a special commission meeting in the City Commission Room at the Dania City Hall at �f . E3:f, P. M. , June 24, 1968. s s Mayor Kell asked the Clerk to call the roll and the following Com- Y Y missioners and city officials were present: R ,�•;; Mayor-Commissioner - Robert Kelly 3?_G Commissioners - Robert E. Houston - Richard Marant r�LL ® - Joseph Thornton Boisy N. Waiters ^; City Attorney - Clarke Walden r City Manager - Stanley Goldberg �A Chief of Police - Donald Parton } � Building Inspector - Hubert Walker • Acting City Clerk - Gloria Houghton r ;J Minutes bra City Attorney Walden submitted for Commission approval the Minutes of June 3, 1968 and June 10, 1968. Commissioner Marant moved that the Minutes of June 3 and June 10, 1968, be approved as read. Commissioner • Waiters seconded the motion. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes • Kelly Yes Motion passed. Bills Paid City Attorney Walden at this time said that the City Manager and Mayor Kelly had, from an examination of the records, cause to complain against • the company known as the Growers Equipment Company, a Ford-Tractor dealer from whom the city had evidently lost equipment in years gone by. He said it was his understanding that another company known as Growers Ford Tractor Company had taken over the franchise, and while the city may have valid complaints against the former company, they would not necessarily carry over to Growers Ford Tractor Company. He said, that from the records, the • city purchased a mower from the former company sometime in the past, and in the process of having the old mower repaired, the former dealer substi- tued a different mower than the city felt it owned, and the city had quite a bit of trouble and complaint with respect to the old mower. The present dealer, he said, recently sent down a new mower to take the place of the old one and was going to charge the city some complement amount for the • new mower. The Grower Ford Tractor Company, he said, has agreed, in effect, to give the city a new mower and to take back the old mower and to make no charge for that; that he thought the ordinary cost of the new mower would be $494.79. The city, he said, does have other outstanding repair bills in the amount of $165.26, and what the proposition is is that the present dealer, which is a different corporation from the old one, is willing to let the city keep the new mower it has and pick up the old mower and make no charge for any of this; that the city would pay its ordinary repair bill of $165.26. He said he and the City Manager recommended the city pay the repair bill as it seemed to be a fair settlement. Commissioner Houston asked what kind of a mower it was and Mayor Kelly • said it was a 7' flail mower, which is a rotary type mower. Commissioner Houston asked how many the city had and Mayor Kelly said there were three: one that is actually very old, the one in question, and the new one which the city is using. Mayor Kelly said he thought the city was misled or taken advantage of by the prior company, and that the new company seemed very anxious to get this matter straightened out and he thought the recom- 6/24/68 -1- MINUTES OF SPECIAL COfIISSION METING DANIA FLORIDA IiL' JUNE 1 , 19 -2- Bills Paid (Cont'd) men ations o!: t e City Attorney and City Manager would be in order. Com- missioner Houston asked if this was the same company that the city bought a tractor from and was advised that this was so by the Mayor. City Attorney Walden said that was the old company. He said in the beginning, with respect to the tractor, there was a change made on the tractor, there were used tires on it; it was gasoline driven; then it was a diesel and what all. He said he wanted to know how this matter was straightened out and if the tractor was working now. Mayor Kelly said this matter was before his time on the Commission, but that he did know that Mr. Petrozella and others had spent quite a bit of time on this matter. Mayor Kelly said the tractor the city now has is a gas-driven engine; that the former repre- sentative of the company that sold the tractor had said it could be con- verted to diesel for $100.00 and some dollars; this was found not to be true. Further, he said, this basically had been dropped, and the city had no legal claim against the former company and the tractor the city has is now performing satisfactorily with a gas engine. Commissioner Houston said he did not know of the legal experience with the company, but that the city is probably getting a break, if UnEy were going into business, if the city ever intends doing business with them again. He said that some of the equipment sold to the city was a farce, and he blamed the Commissioners, to some extent, for ever buying it. He further said he suggested the city check into the persons who have taken over the new franchise. After much further discussion, Commissioner Marant made a motion that the recommenda- tions of the City Manager and City Attorney be taken and that the $165.26 repair bill to the old mower be paid to Growers Ford Tractor Company and that the city keep the new mower and give the old mower to Growers Ford Tractor Company. Commissioner Waiters seconded the motion. The Commis- sioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. Mr. Heilman of Growers Ford Tractor Company came before the Commission and was recognized by the Mayor. Commissioner Houston asked him if he were with the new company that had taken over and Mr. Heilman said he was. Com- missioner Houston asked him about a backhoe that was purchased sometime ago for about $3,000.00, and asked if there were some way that piece of equip- ment could be traded in, and if Mr. Heilman had any occasion to use it, that he and the Commission go along and trade it for something the city could use. Mr. Heilman said he had been advised of this by Mayor Kelly and he had told him his company would keep their eyes open for an opportunity to move it for something the c:i.ty could use and that his company would be glad to work with the city. Occupational Lices ne - City Attorney Walden submitted the application of J. P. Monk, Jr., clergyman, South Atlanta Corporation, for Commission approval to operate a tent bible revival, and erection of a tent for said purpose in Dania at the north side of S.W. 2nd Street and Phippen Road from June 23 to August 31, 196B, Sunday through Friday, 7:15 P.M. to 10:00 P.M. . There being no representative of the South Atlanta Corporation present, Commissioner I.larant moved that the application be tabled until more information was available on the request for a tent bible meeting revivals. Commissioner Houston seconded the motion. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. 6/24/68 -2- MIULN S OF SPECIAL COMMISSION MEETING DANIA FLORIDA HELD ON JU E 2 , 196 . 4 ` Right-of-Way - Easement Accepted - Resolution Ado ted and Effective On recommen anon o t e ity ttorney, ommissioner alters moved that the city adopt a resolution accepting an easement for drainage pur- poses from the New England Oyster House Realty Company dated June 20, 1968. Commissioner Marant seconded the motion . Discussion followed and City Manager Goldberg asked if the Building Inspector or City Attorney could answer the question as to whether or not there would be any possible use for this 25' as to right-of-way at some future date, and if it could be used for such purpose. City Attorney Walden said not for street right-of-way . Commissioner Houston asked where the drainage ditch was at the present time, which ditch he had asked to have located. City Attorney Walden said her did not know where it was now. f He said this was , in effect, across the south 25' of the New England Oyster House's property. Building Inspector Walker said this south 25' ;. was the extension west of Balboa Street and he said there happens to be now a drainage canal through there. He said he would suggest that the city accept the 25' with no reservations as to what it would be used for, and that he had been unable to find any other drainage off the Beachway Motel. He further said that the ditch on the west side of the San Souci Hotel, as far as he could wade back to, keeps on going south, but how far, he did not know. Commissioner Houston said the city would be needing a right-of-way for a street. City Attorney Walden said the resolution now presented to the Commission was what he had been instructed to get at a previous meeting. Commissioner Houston asked, if the resolution could not be made to include the change. City Attorney Walden said what the Commis- sion would have to do would be to approve the resolution with the change and then rezone it to B-2. He said that any motion made with respect to the whole thing would be contingent upon the easement being enlarged to make an outright 25' easement for road right-of-way or for any other pur- poses . Commissioner Houston requested that the motion, as stated, be rephrased in that the easement be expanded to include road right-of-way purposes . Whereupon, Commissioner Marant amended his motion and moved that the City Attorney draw a resolution, adoptive and effective this ® date, accepting a right-of-way deed and easement for drainage purposes, dated June 20, 1968, from New England Oyster House Realty Company, a Florida corporation, to City of Dania, concerning the following described lands , to wit: The South twenty-five (S251 ) of the East One-Half (E' ) of the Northeast One-Quarter (NE ;) of the Southwest One- Quarter (SW'y) of the Southwest One-Quarter (SWk) of Section 35, Township 50 South, Range 42 East, Dania, Broward County, Florida; said lands situate, lying and being .in Broward County, Florida. O Commissioner Houston seconded the motion, and the Commissioners voted as follows : Houston Yes Marant Yes Thornton Yes �1 Waiters Yes Kelly Yes Motion passed. Rezoning Ordinance - Third Reading - New England Oyster House Area (R2 to B-2) City ttorney Wa en submitted or it an ina ea ing an urainaFoe ® rezoning a strip of land 400' south of Dania Beach Blvd. from S. E. 4th Ave. east to the city limits of Dania. Mayor Kelly said he was under the impres- sion the rezoning was just for the New England Oyster House and wanted to know if the other property owners were aware that a larger portion of land was being rezoned, and Commissioner Houston said this was action taken at a city commission meeting and the people he knew were aware of this rezoning i to B-2 classification, and could see no reason why anyone would object to it. 6/24/68 -3- r MINUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA HE D FON JUNE 2 9 -4- zoning Ordinance - Third Reading - New England Oyster Area (R2 to B-2) (Cont'd) Uowever, Commissioner Houston said he wante to ow w y one piece on a map presented to the Commission had been blocked out from the rezoning. Building Inspector Walker said the Commission did not wish to rezone that which was R-3 zoning. Commissioner Houston said he did not understand that because he had been at all the meetings and had not heard this discussed. He said the motion was to rezone from one end to the other so that there would not be any spot zoning. Commissioner Marant asked if the piece of property in question was not rezoned when Mr. Arcaro was before the Commission, and Com- missioner Houston said it was rezoned on conditions . Commissioner Marant said the Arcaro property was rezoned so that the indentation the Commission was presently talking about of 90' could not be rezoned any more than that because it was not advertised as such. Building Inspector Walker said the advertisement was to rezone to B-2 that strip of land south of Dania Beach Boulevard which is presently zoned R-2, and the City Commission decided to rezone back only 400' instead of back the entire 6201 . He said the advertise- ment only called for rezoning to B-2 that which was R-2. Commissioner Thornton said the property was to be zoned B-2 all the way across so it would be all the same zoning regardless of what it was before. Commissioner Marant said, if the rezoning was advertised that way, the city could do it, but it it was not advertised that way, the city could not. Commissioner Houston moved that the Ordinance on the rezoning of the R-2 to B-2 lands under discussion be adopted. Motion died for lack of a second. After much further discussion, Commissioner Houston moved that the area be rezoned to B-2 from the city limits to S . E. 3rd Avenue and back 4001 . Mayor Kelly said he did not believe that was S.E . 3rd Ave., but S.E. 4th Ave . . Commissioner Houston said S.E. 3rd Ave. on the west side of the golf course. Mayor Kelly said this was not what this takes in. Commissioner Houston said that was what it was supposed to take in. Mayor Kelly said, no sir, that is to the golf course. Commissioner Houston said, no, that was wrong again; if that was the way you got it, that was all you could do. Mayor Kelly said it goes to S. E. 4th Ave. and Commissioner Houston said he did not know where S.E. 4th Ave. was. Mayor Kelly said it would be between the driving range and the golf course, but that there was no street there now; that the driving range was there now. He said S. E.Sth Ave. was in and there was a dedication there, but that the driving range was the next parcel. Commissioner Houston said he did not see how you could describe 4th Ave. when there was no 4th Ave. ; that the City Attorney should describe it properly. :i Commissioner Houston moved to rezone that area which is owned by the New England Oyster House 400' south of Dania Beach Blvd. to B-2 zoning classification and to leave out the rest of the zoning under discussion until the city is able to get proper descriptions, etc. . Commissioner Marant seconded the motion. City Attorney Walden said the motion should be stated that the Ordinance rezoning the New England Oyster House only back to a depth of 400' from the property line at Dania Beach Blvd. to be passed on Third and Final Reading. After further discussion, the Commissioners voted as follows : Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. 6/24/68 -4- i. MINUTES OF SPECIAL COMMISSION MEETING, DANIA, FLORIDA '= IIELll JUNE 2 , 19 6 8 -5- P,czoning to B-2 Classification L'ommissioner ouston moved that the lands in question in the ;': previously discussed legally advertised advertisements concerning rezoning the properties to B-2 be sent back to the Planning and Zoning Board with a recommendation they act to give the property descriptions of the area _ between the city limits on the east and S. E. 3rd Avenue cn the west and eliminate (unless it can be found out if there is a reverter or something in the R-3 clause) all of that area in connection thereto being rezoned B-2. Commissioner Marant seconded the motion. Commissioner Houston said the Commission should designate a knowledgeable person to write the legal ® property descriptions and have that person held responsible for said n5 writings. There being no further discussion, the Commissioners voted as follows : Ft Fs Houston Yes M, Marant Yes y, , r 6D Thornton Yes Waiters Yes Kelly Yes 2t° Motion passed. Q, New England Oyster House - Right-of-Way Deed - Sidewalk Bond I . , } City Attorney Walden as e t e Buil ing Inspector if ne had any building plans to present in connection with the New England Oyster House and Mr. Walker replied that he had. Commissioner Houston asked if the sidewalks had been checked. Building Inspector Walker said there were two sidewalks to contend with: one on the south end of the property facing on Balboa Street with no street there now, and another one on the north side. After much further discussion on the sidewalks, Commissioner Marant asked if a bond was to be put up for the sidewalk paving in front of the New England Oyster House on Dania Beach Blvd, until the widening of Dania Beach Blvd. was effected at some future date. Commissioner Houston said a normal bond would be about $1.60 a square foot; that there was 3301 , 4' sidewalks . Commissioner Houston moved that the plans be approved sub- ject to either the applicant putting in sidewalks in front or furnishing a $500 .00 bond to guarantee paving, plus getting an easement enlarging the street right-of-way . Commissioner Marant seconded the motion. Discus- sion followed that the motion be amended that the plans be approved subject to the New England Oyster House doing two things: 1) putting up a $500.00 to guarantee the installation of sidewalks at the front of the property whenever the highway is widened, and 2) that they give the city a 25' right-of-way deed on the south side of the property. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. Permits - Travelodge —fir, rFe­s`t-e­r-T7 Morton, Travelodge, Dania, Florida, appeared before the Commission and was recognized by the Mayor. He read a letter sent to the City Commission, and Planning and Zoning Board stating his firm's appreciation for permitting them to go ahead with their building plans. There was discussion at this time concerning parking spaces and the Commis- sion determined that Travelodge had one parking space for each of his fifty- one units, plus five additional parking spaces, or a total of fifty-six parking spaces . There being no further question before the Commission, Md ycr Kelly advised Mr. Morton he could proceed with his building plans a:ith all due haste . 6/24/68 -5- v 5, t•IINUTES OF SPECIAL COMMISSI01. MEETING DANIA FLORIDA HELD ON JUNE 241 1968. -6- Suggested Building Permit Fee Schedule Building inspector Walker su matted for action a suggested building permit fee schedule. City Manager Goldberg said, that basically, what Mr.Walker had proposed was that he has taken a poll of various contractors and has indicated that the permit fee schedule adopted by resolution by Broward County Board of County Commissioners, made effective April 16, 1968, would be satisfactory to the City of Dania. Therefore, City Manager Goldberg and Building Inspector Hubert Walker recommend the adoption of the submitted permit fee schedule. The City Attorney advised the Com- mission they would have to have. an Ordinance drawn and passed on three readings in order to adopt such a permit fee schedule. Commissioner Waiters moved that the City Attorney be insttucted and authorized to draw an Ordinance adopting the building permit fee schedule. The motion died for lack of a second. However, the City Attorney said he would go ahead and draw such an Ordinance to be presented at the next meeting. Commissioner Houston said, if there were extra copies of the permit fee schedule, he would like them distributed among the contractors to get their suggestions,also. Mayor Kelly suggested that the Finance Committee look over the schedule and make a recommendation back to the Commission in regard to the changes, if any. City Attorney Walden then said he would not draw the Ordinance until the Finance Committee made its recommendations to the Commission. Mr. Fred Caldwell, 2610 North Federal Highway, Dania, came before the Commission and was recognized by the Mayor. He said he would like to ask what had happened to the Civil Service plan in the City of Dania. Commissioner Waiters said he would discuss this matter on the floor later in the evening. Mrs . Hayes, Sunshine Villa Cooperative Apartments, Dania, appeared before the Commission and was recognized by the Mayor. She inquired about the new garbage ordinance and how it would effect the cooperative apartments. She said the Commission spoke of two cans for each home and how many would they allow for a co-op. Mayor Kelly said, that under the present ordinance passed the other evening, the pick-up would consist of three cans, and an apartment would be considered the same as a home. In the case of co-ops that might have 88 units, the way the ordinance is drawn right now, the city could give her 88 pick-ups, twice a week. He further advised Mrs. Hayes that this ordinance had only passed on the first of three readings before it became law, and that it may be changed, but that she would be apprised of the change. Canal - Royale Palm Yacht Basin r. Louis Marrone, bob N. E . 3rd Street, Dania, came before the Commis- sion and presented plans for the canal he wished to have cut out, tabled from the previous Commission meeting. He informed the Commission he had all the necessary approvals with the exception of the Corps of Army Engineers and the City of Dania. City Attorney Walden said Mr. Marrone would have to get a building permit and a tentative okay from the Commission, subject to the Army Engineers' approval. Mayor Kelly asked the Building Inspector if he had checked the area and was informed by Mr. Walker there were no problems. Mr.Goldberg asked Mr. Marrone if the proposed canal was east or west of the yacht basin, and Mr. Marrone said it was west of the yacht basin between the development and the yacht basin. Commissioner Houston suggested that every- thing that was going into the construction of the canal must go on the plot plans so that Mr. Marrone would have everything he was entitled to have, and that the plot plans were to be in City Hall. Commissioner Houston moved that a permit be given to Mr. Louis Marrone to dig a canal as the plans indicate, subject to Mr. Marrone submitting the plan showing the Corps of Army Engineers' approval, and, further, subject to his dra:•:ing the canal to be dug on the plot plan on file. Commissioner Marant seconded the motion and the Commissioners voted as follows: _ Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. </24/68 -6- �a. MLNUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA HELD ON JU E 242 19 -7- Stop and Frisk Ordinance - First Reading On recommendation of Chiefof Police Donald Parton, the City Attorney submitted for action an Ordinance, identical to one in the City. of Hollywood, recently adopted, which would allow police officers to stop people and make a search of them, the idea being that the police officers should have some protection against armed persons . He said the gist of the Hollywood Ordi- nance is, that if a police officer has probable cause to believe that a person may be committing a felony, or may have committed a felony, the per- son can be stopped without an arrest warrant, and if a police officer does stop that person, then the police officer would be given the right ® to search the person to determine whether the person has a dangerous weapon. Ile said, that before this, to a large extent, it was thought that a warrant would be needed in most cases, and that the Supreme Court of the United States seems to have relaxed that law. Commissioner Houston asked if the city would be liable to a lawsuit, and the City Attorney said that the Chief of Police would have to very carefully explain to his men that they ® must have some probable cause . Commissioner Thornton moved that the "Stop and Frisk" Ordinance be passed on First Reading . The motion was seconded by Commiosi.or?r. Waiters. The Commissioners voted as follows: ® Houston - Yes (Qualified vote'in that he would be first one to move this ordinance be repealed, if he found the public being taken advantage of) . Marant - Yes Thornton - Yes ® Waiters - Yes (qualified vote same as Comm. Houston) Kelly - Yes Motion passed. Sewer Assessment - Pirates' World City Manager Go erg requested information as to the $6,000.00 plus interest sewer assessment at Pirates' World. City Attorney Walden said Mr. C . T. Robertson of Pirates' World had given him firm assurance that the assessment would be paid, and that it would be paid by June 25, 1968. Mr. Walden said, if the money was not forthcoming, the easiest thing to do would be to discontinue the sewer service. ® OccupatioralLicense Fees - Night Clubs City Manager o erg as e e City Attorney the status of the $750.00 occupational license fees discussed at previous meetings in connection with the Show Bar Club and Tic Tac The Club. The City Attorney said he was informed by a Mr. Keller in Mr. Meeks' office that Mr. Keller was under the impression that some of the money that Dania lost went to Broward County and some went to the Florida Beverage Department. He said Mr. Keller had found, more recently, upon investigation that all the money went to the State Beverage Control in Tallahassee. He said he had submitted to the State Beverage Department an application to get the monies back, but had not yet had a response. Civil Service - Personnel ommissioner ai ers moved that Commissioner Marant be appointed Personnel Director on a pro-tem basis for the City of Dania in order to complete the Civil Service Program under study until another person can be located to fill the job, and that the Civil Service Program be put on the October,1968 ballot as a referendum matter of the people. Motion di-d for lack of a second. Commissioner Waiters moved that Commissioner Marant be appointd temporary City of Dania Personnel Director. Commissioner Thornton seconded th,, motion strictly for the. purpose of discussion. Commissioner Thornton C/24/68 -7- • MINUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA HELD ON J NE 2—IF,--1968. -6- x, Y� LL Civil Service - Personnel (Cont'd) 7a_—:L7Fe_`wo_u1U like someone besi e a Commissioner as Personnel Director because in the position of personnel director he would have to vote on these matters, if something came up before the City Commission, or else €i he would have to disqualify himself. He said with respect to a refer- endum before the people on the civil service program, he would be whole- heartedly for it. Commissioner Waiters pointed out that for the past a few months nothing had been done about appointing a Personnel Director for Civil Service, and they needed to have, at least, a temporary personnel director. Mayor Kelly said his feeling in this matter is that the city def- • i.nitel;: needs someone to take the position, that that he did not think it was necessarily the job of the city commissioners to find a personnel director; that the city was currently employing on a temporary basis Mr. Eugene R. Clay, and that perhaps he could be approached to take the job on a fulltime basis as well as working parttiifte in the Finance Department, and that perhaps something could be worked out advantageous y • to the city. He said he did not think it fair to Commissioner Marant to take the position, but appreciated his interest in the program. Com- missioner Waiters said he had talked with Mr. Clay and had ascertained 5 Mr. Clay did not have training in personnel work, although he had indicated a he would be willing to take the job, but that he was not well versed in this classification. Commissioner Marant said the only thing he would have to say onthis nomination was that he would appreciate the opportunity of trying to do something for the city personnel, butthat', if bethought he did not have the full cooperation of the entire commission behind him, he would not want to attempt to become personnel director, either pro-tem or other- wise. After further discussion Commissioner Thornton asked how much of a man's time would be occupied with the job, and Commissioner Marant said he thought the first two or three weeks would be the most trying time in order to get organized with the Civil Service Board and Commission; that there would be a great deal of paper work involved in job description and classification, testing, et cetera. Commissioner Houston said at this • time he was definitely against any elected official or any city employee going into this job. He said, in his opinion, it would be a parttime job and that the Commission should look around the city and it would be found that there were a great number of people, good substantial citizens, who would be willing to devote some time to this program who have had just as much experience as Mr. Marant, or himself, or anybody now sitting in • at this Commission meeting. Commissioner Houston said, that as many times as he had asked for a copy of the Civil Service outline, he had never been able to get a copy. He said he didn't even know what civil service was in this city and the only thing he had been hearing about is that it is a bum plan and should be revised immediately. • Commissioner Waiters said he wished to make himself clear in that he was asking for the appointment of a personnel director in a temporary capacity at this time. He said that in all the time the program had been before the Commission and publicized that no one yet had come forward to fill the position. Mr. Mervin Spann appeared before the Commission and said he would ® nominate John Sessa to be personnel director for Civil Service on a tempor- ary basis and that Mr. Sessa had indicated he would be willing to acdept the post. Mayor Kelly requested Commissioner Waiters to withdraw his motion anal that someone come back to the Commission at the next meeting with some • names to present for Commission discussion. Commissioner Waiters withdrew his criginal motion. Commissioner Waiters moved that the Civil Service Plan be placed on th.: ballot for a referendum of the people for the next general election in the City of Dania . Commissioner Thornton seconded the motion. Mayor Kelly 4 G�2G�68 -8- • MiNUTES OP SPECIAL COMMISSION MEETING DANIA FLORIDA HELD O-N J , -9- Civil Service - Personnel (Cont'd) as ed t e City Attorney if t ere were any legal proglems involved here and City Attorney Walden said it could be a "straw vote" or "advisory vote," that it was not binding for either "for" or "against, " if you had the ® consensus of the people. He further advised that it would not be binding on the Commission because the Commission already had the right to put in a Civil Service plan without a referendum, so, therefore, if the city has a referendum with good or bad results, you do not have to follow it. Mayor. Kelly asked if the Commission had the right to initiate a Civil Service Ordinance, would a later Commission have the right to resolve this matter and Mr. Walden advised, yes, but he said the Commission should understand that this is true in every law; that the State of Florida has a civil service plan and the legislature cdn change the law and do away with it, and there is nothing unusual about the Dania situation in that regard. ® Commissioner Houston asked if anyone had ever checked into the State plan and asked if it was civil service. Chief of Police Parton advised that the state and counties use a merit system plan, but that it does not always work because an individualcan be fired without probable cause. Commissioner Thornton asked the City Attorney why a referendum would not be binding. City Attorney Walden said he thought the city had the right already to put in the program with or without a referendum. Fire Chief Lassiter said the State of Florida does not have a civil service program; that they have a merit system, but that the State does have a model civil service plan that can be adopted by the city; that there was a State law that allows a referendum by petition for Civil Service. ® He said that plan was presented to the Commission about a year ago and that was what had gotten civil service going; that he had the whole plan in his office. Commissioner Marant said he, too, had a copy of the plan. Commis- sioner Houston said he would like to have a copy of the plan and after further discussion hesaid he was all for going to the people on the civil service plan. Mr. Eugene R. Clay, parttime City of Dania employee, appeared before the Commission and was recognized by the Mayor. He said he wanted to know whether the Civil Service plan was in effect .now of whether it was not. He said Mr. Goldberg told him it was in effect; Commissioner Waiters told him it was; the employees don't know, and that everybody was left hanging e and that no wonder they were unhappy; that he had asked for something in writing. Commissioner Marant said that the vacation schedule, sick time, and pay scale were being followed at this time; that there were other phases of the plan not yet finalized. Mr. Clay said either the plan was in effect or it was not, one or the other. He said nothing had been done since January, 1968 . City Attorney Walden said, that since every step of the plan was not completed, the plan was not in effect. He said the basic thing the Commission must do is to establish a classification system and that the system would not be in effect until there was a personnel director. City Manager Goldberg said there were portions of the civil service plan that are in effect. He said that Commissioner Waiters who brought this matter up tonight referred to the fact that the Third and Final Phase was not in effect, which was O concerning job security. The Mayor at this time asked the Clerk to call the roll on the motion on the floor . The Commissioners voted as follows: Houston - No (Qualified voted in that until he can 'a find out what the civil service plan prepared is all about; he would vote for a revised plan) . Marant - Yes (Qualified vote, that if plan does not go through, that it be put on referendum) . Thornton - Yes Waiters - Yes Kelly - Yes Motion passed. 6/24/68 -9- MINUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA 11'LD ON JUNE 241 1968. -10- City Commission Meetings Commissioner Waiters moved that the City Commission discontinue their weekly meetings and return to the Commission's regular bi-monthly meetings . Commissioner Marant seconded the motion. (First and third monday nights) . A 'rite Commissioners voted as follows: Houston No Marant Yes Thornton Yes (Stipulate, if necessary, there be special ® meetings called and ample notice given) . Waiters Yes Kelly Yes Motion passed. A Municipal Project No. 6555. Commissioner Houston asked if all the contracts had been signed on Municipal Project No . 6555. Mayor Kelly said they had been signed. Pirates ' World - Noise Nuisance Commissioner Houston said that over the weekend he was still getting • phone calls . He said he :understood the City Manager had written a letter to Pirates' World telling them of the closing hours, time to close the gate and the matter still had not been resolved. After much discussion, it was further determined that the noise from the cannons and the band were the main noise problems at Pirates' World. The Police Chief said he had had nothing but complaints coming to his house on Sunday morning, forty or move • over the telephone, and that these complaints go on all day Sunday. He said he could not get any cooperation from anyone at Pirates, World; that the rules and regulations set down either by ordinance or resolution were disregarded. He said there was an anti-noise Ordinance that said 11:00 P.M. and he believed Pirates' World should close at 11:00 P.M. and that people should be out of the park by 12:00 midnight. City Manager Goldberg pointed ® out a letter had been sent to Pirates' World indicating it was the Commis- sion's position that the rides, music and noise are to shut down at 11:00 P.M. and all patrons to be removed from the premises by 12:00 A.M. . Police Chief Parton said, if the city was going to enforce that, it was fine, but the Commission should appreciate one thing: that Mr. Robertson gets on the phone and calls a Commissioner or calls the Mayor. He said he would like • the Commission to back up the police department to the effect there is a time, and that is it, then the police can make arrests after that. City Attorney Walden said, that if the people make noise after 11:00 P .M. , the police can go in and make arrests. He said if the rides make noise, they can be closed because they are noise makers, but if there are rides • that do not create noise, then it was his opinion Pirates' World had a right to stay open. Further, he said the Commission did not have to give the police chief any more motions; that he believes the Chief understands what the Com- mission wants, and that Chief Parton should call Mr. C. T. Robertson and tell him what the Commission wants. Chief Parton said he can't talk to Mr. Robertson; he is unreasonable. Mr. Walden then said don't talk to him. • Commissioner Thornton said, speaking for himself, he would back up the Chief of Police. Chief Parton said he would enforce the letter to Pirates' World by the City Manager, which he was instructed to do by Commission action. City Attorney Walden said he thought there might be a test case in this connection; that he thought perhaps two or three ride operators should be arrested, if ® they do not obey the Chief's order, and that was his recommendation. Also, if the security guards do not cooperate, they should be arrested, also. He said that if there were no cooperation, there were literally dozens of things the city could do and that he 7-ould suggest a lot of ordinances that could be passed. Mayor Kelly said he did not want to see a lot of people locked up unnecessarily, but if it took that, he was behind the Chief of Police 100%, ® but that the full cooperation of the Commission was required. Chief Parton said that would be fine because as of July 1, 1968, the park would be open seven nights a week. 6/24/68 -10- • ' f Y. MINUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA HELD ON JU E 24, 196 . -11- r Trash �+ Commissioner Houston questioned the trash that was left at building sites after the buildings had been completed . He said he wished the Building Inspector to be instructed, that before a Certificate of Occupancy is issued, the land be cleared of debris, especially in connection with the two duplexes built near the American Legion, at the owner-operator' s expense. Summary Budget 1968-1969 ` ZAssioner ous on quebLioned the distribution of some of the items listed in the last budget, which were explained by the City Manager. He also questioned the $5 000 .00 on the Fishing Pier. City Manager Goldberg uiaa said $S,000.00 had been set aside separately in Treasury Notes and invested } at interest rates of over 5%. Commissioner Houston said he understood the ` money was to have been invested in Treasury Certificates for 90 days, that r the 90 days had expired and questioned whether the money had been transfer- red to where it belonged.City Manager Goldberg said that had been done, n. Commissioner Houston said the 90 days had expired and that the money should be back in the General Fund, and questioned why it had not been transferred and the same thing, he said applied to the Perpetual Care Fund. City Manager Goldberg said he would find that both these items are the City Pier Insurance Fund and in the Perpetual Care Fund. City Commissioner Houston advised Mr. Goldberg he was instructed to invest that money in Treasury Certificates for 90 days; that the 90 days had expired and the money should be in the General Fund . Mayor Kelly asked Mr. Goldberg if he had renewed the Certificates for 30 days and Mr. Goldberg said he had. Commissioner Houston asked Mr. (bldberg on whose authorization he had done this . Mr. Goldberg said that just because 6 they are invested does not take them out of the General Fund; that they are in the General Fund . Mr. Goldberg said he took the authority and Commissioner Houston said it was about time he quit taking authority. Mr. Goldberg said, if Commissioner Houston did not want to invest the money, he would suggest that Commissioner Houston make a motion not to invest the money. Commissioner Houst,nsaid he would no do that, but wanted Mr. Goldberg to understand, • that he took orders from the Commission and that Mr. Goldberg was not to do things because he thought he should. Mr. Goldberg said Commissioner Houston was perfectly right and asked that Commissioner Houston make a motion concerning the investments . Mr. Goldberg said it was his understand- ing, and if he were wrong, then he would like to be corrected, that the Commission wanted this money invested for as long a period as the Commis- O Sion could invest it. Mr. Goldberg again requested the Commissioner to take some action. Commissioner Houston said he did not think it was necessary for a motion to be made; that he hoped there would be a meeting of the Finance Committee this week. (Commissioner Marant excused himself from the Commission meeting A at 10: 4S P . M. . ) Recall Petition Mayor Kelly said City Attorney Walden had worked very diligently to prepare two lengthy motions in regard to the Recall Petition City Attorney Walden said about a month ago he tried to bring the suit filed by Commis- sioner Waiters to some type of conclusion; he said there was one procedure a party can file: a lengthy motion setting forth all the background and facts) and if there is some doubt in the accuracy of the statements, then the court can enter a final and complete judgment. H -. said, while he realized that both Commissioner Marant and Mayor Kelly have consistently indicated their willingness to have their names placed back on the Recall • ballot as to the one ground, that it may be good. He said he further thought, that through an error on the part of the City Clerk last January, there was such confusion it was almost impossible for the Judge to resolve the matter; that he thought, Mr. Allen, Commissioner Waiter's lawyer made a mistake in enjoining Commissioner Houston as a party. He said he did not think Commissioner Houston was a proper party to the suit, so he had filed a comparative motion and submitted it, and, if successful with it, 6/24/68 -u- MINUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA NE ll ON JUNE 24, :L96 . -12- Recall Petition (Cont'd) ' Iie believed the Judge might be inclined to enter an Order simply throwing out the entire recall proceedings with the idea, if they try to revive it or reinstate it a� this time, would create even more confusion. He said, ` if he had the approval of the Commissioners involved he would like to nzz consult with the respective attorneys and bring this to a final conclusion without having further recall proceedings . m+ ti Mayor Kelly asked Mr. Walden if the motions were to reenact or throw the whole thing out completely. Mr.Walden said it was to throw the whole thing out completely. Mayor Kelly said he understood from the letter written by Attorney Walden that he had put in an excess of 100 hours on this recall and indirectly, is costing the city monies. He said he still ' g Y felt people should not be able to make accusations and injure their position ' in the city, and with their families, and this was' the reason he still felt �t d he would like to see the thing carried through. He said he would go along with dropping the matter 100%, if Commissioner Houston, who he said had s been named as the head of the recall group, named as the organizer, would publicly apologize to all the Commissioners and their families that have been taken in this matter, otherwise he could not go along with it. Commissioner Houston stated he was not the head of the recall, but that by Mayor Kelly's own actions, he had brought this upon himself. He said Mayor Kelly had violated the Charter on one or two occasions . He said not to label him with the work of organizing or anything else. He said he took part in it along with a lot of other people, and that as far as Mayor Kelly being exonerated, he could never exonerate him, because he violated the Charter, in his opinion. He said he could find out in November, if an apology were due Mayor Kelly; that there were 900 and some people who signed the petition. City Attorney Walden reiterated at this time he did not think Commis- sioner Houston was a proper party to the suit. Mayor Kelly said Commissioner Houston had just made a statement that was going to plague this thing, and that he was just not going to sit there; that he just made the statement that 900 people were against himself. He said, if he were not fit in November to be a Commissioner, he was not now fit to be one, and this thing should be pushed. He said he did not believe Commissioner Houston could get 900 people to sign a petition and that he wanted to get on with the matter. He said Commissioner Houston wanted the matter to die because he had a monkey by the tail and did not know what to do with. it. He said Com- missioner Houston was the one that had caused all these problems, the expense, et cetera to Mr. Walden and the city. He said Commissioner Houston had caused his family a hardship and friendship in this city that would never be overcome. Commissioner Houston said Mayor Kelly had brought them on before the petition. Commissioner Houston said, that in his opinion, Mayor Kelly had violated the Charter and that was the reason for the petition. He said these people that had signed this petition were so embarrassed in the first few days that they had to come into City Hally by Mayor Kelly, his family, and friends, and everybody else, that it was beyond anybody's conception of wanting to expose themselves in the way they did. He said he believed that was the reason the Recall Committee had not pressed the matter any more than they have. He said Mayor Kelly had his own people purging the list; that he had his own people around City Hall getting copies of the list and they were on the street before anybody knew about it and that Mayor Kelly had embarrassed people so much, he wondered how Mayor Kelly got by without getting a damn good licking by people who signed that petition. Mayor Kelly said he thought there was a recall because of a reason. He said Commissioner Houston had said he had violated the Charter. All right, he said, if that is illegal, then he did not think. . .it was asking these people. . . He said Commissioner Houston had told the people he had done something wrong. then if they did not have the backbone to come to City Hall and take the abuse he has had to take from Commissioner Houston. . .he said he did not think he had harassed anyone; that he had asked questions; that he had gotten all kinds of answers and that Commissioner Houston could not get 800 or 900 people to sign a petition. Commissioner Houston said they would all come out in November, so not to worry about it. } 6/24/68 -12- i4INUTES OF SPECIAL COMMISSION MEETING, DANIA, FLORIDA HELD ON JUNE 245 1968 . -13- Rccall Petition (Cont'd) ' Mayor Kelly said, that as far as he was concerned, he was willing tou push this thing right on through. He said he would be willing to take it f to the Judge and let the Judge decide whether this is legal or not. Mayor Kelly advised Mr. . Walden, that as far as the proceedings, he had not had an opportunity to talk to Commissioner Marant in this regard, or to Com- m:i_ssioner Waiters . Commissioner Waiters, at this time, said he would like ;. to see the matter dropp d now as there were more pressing city matters at this time. Adjournment On made, seconded and unanimously passed, the City Commission adjourned at 11:00 P. M. until Monday, July 1, 1968, at 8:00 P.M. . Respectfully submitted, ayo ommission o er% � 2 � Gh is Hougrfton, ting City Clerk 6/24/68 -13-