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HomeMy WebLinkAbout31074 - MINUTES - City Commission MINUTES OF SPECIAL MEETING OF CITY COMMISSION, CITY OF DANIA, HELD ON Y;A MAY 137 1968 . a yc The City Commission of the City of Dania met in the Commission Room at ,rs t1c, Dania City Hall at 8:00 P.M. . � Present were Mayor-Commissioner Robert Kelly . Commissioners Richard Marant Robert Houston Joseph Thornton Boisy N. Waiters N. Assistant City Attorney Robert D. Dubow City Manager Stanley Goldberg Chief of Police Donald Parton Building Inspector Hubert Walker ur �u Mayor Kelly called the special meeting to order at 8:00 P. M. . f Mayor Kelly asked the Clerk to call the roll. The Mayor-Commissioner and all members of the City Commission were present. z ® Bills Approved The tant City Attorney requested approval of the city's bills for the month of April, 1968. On motion of Commissioner Marant, seconded by Commissioner Waiters, the Commission approved payment of the city's bills , for the month of April, 1968. Motion passed. Commissioners voted as follows: Houston Yes Marant Yes „r Thornton Yes Waiters Yes Kelly Yes • Licenses 7ssistant City Attorney Dubow resubmitted the application for the transfer of a 4 COP License from the Dania Bar and Lounge to Floridian Lounges, Inc . for the second and final reading. Commissioner Houston asked the Building Inspector, if all violations previously found had been correcter and complied with and he was informed by Building Inspector Walker that 111 violations had been corrected. On motion of Commissioner Houston, seconded by Commissioner Waiters, the Commission approved the transfer of the 4 COP License from Dania Bar and Lounge to Floridian Lounges, Inc. on the final and second reading. Motion passed. Commissioners voted as follows: ® Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes A Approval of Plans for Construction e Assistant City Attorney submitted for approval plans for and Addition to and Remodeling of the New England Oyster House. At this time, Commissioner Marant asked, if the Building Inspector knew whether or not the New England Oyster House's Commissary had obtained a city license, as had been discussed al the previous meeting. Building Inspector Walker said they had obtained 0 their commissary license this date, as well as had the Toddle House restaur- ant. Mayor Kelly asked Mr. Walker , if he knew about the sewer change at the New England Oyster House. After further discussion, on motion of Com- missioner Houston, seconded by Commissioner Marant, the Commission moved that the plans for an addition to and remodeling of the New Enyland Oyster House be submitted to the Zoning Board in order for them to check on the proper set- backs and variances, and to report their findings to the Commission at the next Commission meeting. Commissioner Houston asked to include in the motion that the Zoning Board check back on the variance that was given for the com- missary. [Mayor Kelly asked, if there was a dedicated street at the back of that. Ile said he knew the property went back pretty deep, but that there should certainly be a dedication. Commissioner Houston said that so should do_ th., other property that goes back to the same depth. Mayor Kelly said that S/i3/68 -1- MINUTES, CITY OF DANIA SPECIAL MEETING, May 132 1968 Page -2- ® now was the time to get a dedication of at least their half of the street. Commissioner Houston said this property runs from the city limits on the east side west to the yacht basin. Mayor Kelly requested the Building Inspector to check into this matter. There being no further discussion, the Commission voted on the motion before them as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes ® Motion passed. Sign Erection 7Esistant City Attorney submitted for approval a request by a Mr. M. G. Bellows that permission be given to him to erect a 4' x 8' sign at S.E. 1st Street and Federal Highway, Dania,Florida, for a period of 120 days for the ® purpose of advertising apartment rentals. Mayor Kelly asked Mr. Walker, Building Inspector, to comment on this proposal and recommendation. Commis- sioner Houston said he did not think it was up to the Building Inspector to agree to or recommend to anything of this nature. He said he had something to say on this matter. He said that for many, many years the City has been against signs on Federal Highway. He said he could appreciate Mr. Bellows' position, that Mr. Bellows had apartments to rent, but that he should put the sign on his own property. Commissioner Houston said, that if the City was going to start granting signs on Federal Highway, the City would be loaded with requests . Iie said you can't give one man an approval and deny it to others . Commissioner Marants asked, if signs were not allowed on a temporary basis . Commissioner Houston said no, that permission has been denied before. Commissioner Waiters said the gentleman had made a substantial investment in Dania and that the Commission should try and work with Mr. Bellows to get the apartments occupied. He then asked how often the City had been requested to grant permission for the erection of signs on a temporary basis, and what harm it would do. Commissioner Houston said that it would not be right on one of the main thoroughfares of the city and that the sign, if permission were granted, would be there 120 days, which was three months or better. Sure, said Commissioner Waiters. Commissioner Houston asked if Commissioner Waiters would want to give permission to others for the same thing. Commis- sioner Houston went on to say again, that if you give permission to one man, you have to give it to everybody that asks for it, whether it be for 30 'days, 60 days, or whatever it might be. Mayor Kelly pointed out there was presently a small advertising sign at the corner of 5th Street. He said that, he, personally , thought a little sign was like a sign of progress. He said he thought he would be against a permanent sign, but that for a short period of time, it would be all right. The City Manager, Mr. Goldberg, at this time, said that Commissioner Houston was right on this point, that the city does have requests for this and because it is prohibited on Federal Highway, that the gentleman, Mr. Bellows, be advised that it is prohibited. He further said that the city would probably get many more requests for signs, even from some people that already have existing buildings and who want to rent their apartments. Commissioner Houston said there was an Ordinance against it. On motion of Commissioner Thornton, seconded by Commissioner Marant, the Commission denied permission for the erection of a temporary sign on Federal ® Highway, Dania, by Mr. Bellows . The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes • Kelly Yes Motion passed. City Manager's Report - Sewer Assessments ity Manager Goldberg sal , tRaU T3.nce the City had sent out the notices ® to those people that the annual payment was due on the sewer assessment, along -2- 'd MINUTES, CITY OF DANIA SPECIAL MEETING, May 13, 1968. Page -3- City Manager's Report (Cont'd.) - Sewer Assessments wit t at, a vising them or the interest due for the past year, the city had v received some responses indicating that they had not realized the 6% interest would be due this year. In some of these cases there is some question and { they are certifying or claiming they had not received the original notice, or something on that order. He said he had talked a little bit with the City Attorney, Mr. Walden, about this, and Mr. Walden advised it would take council action to authorize any waiving of that interest, even if the city could find justification for it. Mr. Goldberg said he didn't know if the Commission wanted to take action on this matter now. He said, that possibly the only action he would suggest at this time would be that the Commission authorize "`' the City Attorney, if he feels it legal to do so, to approve such waiver of all or part of the interest, if the cause is found justifiable. Mayor Kelly asked Mr. Goldberg about how many complaints he had had. City Manager Gold- berg said, that number-wise he did not know,, but, that if one person has a c justifiable complaint, the city should have some method of solving it. Com- missioner Thornton wanted to know how it could be determined that the complaint was justifiable. Commissioner Marant said he thought that most of the cases '- involved claims that the people were not properly notified, and they had never received notification when the first notices went out. He said he °j had had a meeting with a Mr. LaCroix about a week ago or so and that Mr. t LaCroix was all upset, that he had received a bill, the second one, evidently, sayinghe owed so much principal and so much interest for the past year. He {' came into City Hall with a check to pay the full amount, but he wasn't about to pay the interest, because he had never received proper notification. Com- `j missioner Marant said, that he did not know, unless the City had a duplicate copy, whether we had or had not. He said he did not know how the city could check back and determine whether or not the people did receive the notice since they were not sent out "Registered, " or anything. He said this would ,x present a problem, if the city got into this thing to any degree. He further said, that the city would probably have more than a handful of persons who will be requesting a waiver of the interest. Now, if they do have a legiti- mate complaint, he said, the city should set up some policy so that the city will have something to follow in any case, but that the city should not get into this thing too far, as it could really snowball. Mayor Kelly said the only thing about it was, that if a person claimed r they didn't get a notice (and he said he spoke to Mr. LaCroix and one other person concerned about this), they would have to come in and pay the whole thing totally. Commissioner Houston wanted to know, if the question was 4 that the people wanted to pay up their final assessment and to have the interest waived for the first year. Commissioner Marant said he thought it worked both ways: either the people come in with a partial payment, say a 10% partial payment and do not want to pay the interest either. He said they must realize, that with all the advertising that was done, as to how the money was going to be paid and when the money was due on the sewer assess- ment. He said it was in the newspapers many times last year when the sewer system was about to be completed and, after it was completed, when these amounts would come due, and what the interest rate would be on the unpaid °g balance. So, he said, even if these people weren't properly notified, he could not understand why these people would not have realized they did owe some money for that year, because it was advertised that they could come in and pay it all at once, or that they could pay it in ten (10) equal payments ' at 10% each time, plus 6% interest. He said he did not see where anybody had anything to gripe about. He said, in the beginning the city would get a general run of the mill gripe, but that he thought the Commission could handle those cases on an individual basis, but that it the Commission gave them this thing just because they come in and they do not have to pay the interest, there would probably be refunds involved and the Commission would be in a jam. Commissioner Houston said, that the only one, as he saw it, that could eliminate any interest or anything else on this assessment, was the Commission. He said, that if the Commission was not going to give a blanket order to waive all, then the only thing that could be done was to bring each case before the Commission. Commissioner Marant said he thought, possibly along the same line, that the people should first get in touch with the City Manager and go over the matter with him, and if the City Manager cannot determine -3- S MINUTES, CITY OF DANIA SPECIAL COMMISSION MEETING, May 13, 1968, Page -4- ® City Manager's Report (Cont'd) viliether or not they did .receive the bill, then they can come before the City Commission. City Manager Goldberg said that Commissioner Marant's point was well taken in that, aside from the notices that were sent out from the Clerk's office on the original bill, that there was also the advertisment as to the assessment. He said, that in addition to that, if he recalled correct- ly, he believed the Dania Bank had used the city's assessment roll and, also, sent a notice to all of these people, saying the Bank would be happy to fin- ance the assessment for them; even if the Clerk did not get the bill to them, they would have received it from the Bank, so he said that doesn't seem to be a particularly good point there. He said he would try to handle the situa- tion and would take whatever action necessary in regard to a request for ® waiver of payment of interest. Resolution - Adopted and Effective r. erg sai a is second item was that he had attended a City of Hollywood Commission Meeting at which time they passed a Resolution con- cerning the Agreement as authorized by the City of Dania at the previous meeting. He said, that if the Dania City Commission passed a Resolution , ® he believed the City Attorney had already prepared accepting the "Contract, then the contract would authorize the city to pay �3,500.00, and the sums of which were not used would be returned to the city. The question arose at this time, if this money was a pre-payment for hooking up the water line and Mr. Goldberg advised the Commission that it was. Assistant City Attorney Dubow read the Resolution and referred to the attached letter from the City ® of Hollywood dated April 24, 1968, to Mr. Stanley Goldberg, City of Dania, spelling out the conditions of the installation of the 6" water meter at 20th Ave. and Sheridan St. . Commissioner Houston asked to whom the water meter would belong, and stated he saw nothing in the Agreement from the City of Hollywood which would indicate that the meter would belong to the City of Dania. He said, that if the City of Dania pays for the installation of the meter, it should be the properly of the City of Dania. Mayor Kelly asked the City Manager if the cost of the meter was $1,200.00. City Manager Goldberg said he did not have the figure immediately available. It was determined that the City of Hollywood would read the meter. A statment was made that it should be stipulated in the contract that the meter would belong to the City of Dania. The Assistant City Attorney advised the Commission, that ® they could authorize the Resolution subject to that additional condition, and that when they finally did execute the contract, there would be a pro- vision in there that says that the City of Dania owns the water meter(s) and any other equipment involved. Mayor Kelly said there was only one (1) meter involved. The Assistant City Attorney said he not not think it would much trouble to revise the Agreement and to add another sentence or two ® indicating that the City of Dania would own the meter. He said it was in there now by implication, but that at the end of paragraph 3 where it stated everything was installed at Dania's expense, it could be indicated that the meter is to remain the property of the City of Dania. Therefore, a motion was made by Commissioner Marant that the Commission adopt the Resolution authorizing the City of Dania to ento into an Agreement with the City of Hollywood concerning the purchase of water service from the City of Holly- wood by the City of Dania, and providing that all other resolutions in con- flict herewith are hereby -repealed to the extent of such conflict, and providing that this Resolution shall be in force and take effect immediately upon its passage and adoption, subject to the proposal that the City of Hollywood's Agreement stipulates that the meter will be the property of the City of Dania. The Commission voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes ;O Kelly Yes Motion passed, -4- • IIIDIUTES CITY OF DANIA SPECIAL COMMISSION MEETING, May 13, 1968. Page -5- City Manager's Report (Cont'd) - Right-of-Way City Manager Go d erg said, at this time, that he had a proposed Agree- ment from the Derecktor company. The Commissioner has taken the position that Derecktor should dedicate a 50' right-of-way for road purposes. He said that Derecktor had a counter-proposal suggesting submitted a 25, dedication and reserving the other 25' for a period of 25 years and providing a 7' ease- ment for the construction of a water line. Commissioner Marant said, that at a recent meeting with Mayor Kelly, Derecktor's attorney and himself, they had reached a standstill on this point. Commissioner Marant said he did not know if the Commission had reached a compromise on this, but that he would like to see an agreement worked out so- that the City got what it wanted. Mayor Kelly said that he, personally, did not appreciate the rap that the representative of the Derecktor company gave to the public that the City ® Commission had not tried to work with them. Commissioner Marant agreed with Mayor Kelly to a certain extent, but said that there had been a breakdown of communications between Derecktor and Dania because there had been a change in personnel and control of the Dania Development Corporation. Commissioner Houston stated he had expressed his opinion on this before. ® He said he was brought in before he had sat on the Commission here, and that they were held up by the Building Inspector. He said that he had discussed this with the architect and owner that they would have to submit plot plans , to the Zoning Board. He said he told them what he thought the Zoning Board would request, and that everything seemed to be in order, and that they seemed to have agreed on the 50' right-of-way which had been provided. He said a 50' right-of-way had been provided by the neighbor next door. After F ® further discussion, he said that the city had cooperated in every way pos- sible. He said, that why these people insist on a 25' street, which is to their detriment, he did not know. He said he did not know how the Commission was going to hold a street with a 25' right-of-way. He said it would be dif- ferent if these people did not have the land there, and that they would need ® a good sized road. He told the Commission that the City requires a 50' road right-of-way. Commissioner Marant suggested, that, perhaps, some compromise could be met as to the size of the road and the width of the road. . .maybe 35, and then they would take the 15' or 25' they were proposing now, and put up a 25 year bond on it and make it 15' instead of 25' . Commissioner Houston said their proposal was ridiculous: they say they will give 25' and a 7' ;• easement for the water line. Commissioner Marant said he had never talked with the architect or anybody in. authority as to the actual building of this { complex. All discussions have been through their attorney. Maybe something is misunderstood on the part of Derecktor. . .with their architect or, perhaps, engineer. Commissioner Houston said that their attorney was more acquainted with the facts than anyone else. He said the attorney had tried to work the i matter out, that he knew why the City asked for it and everything else. Commissioner Thornton asked, that with respect to paragraph 3 of the agree- ment, he would like it fully understood that the 7' easement would be a per- manent easement that would be on their property. The Assistant City Attorney said that paragraph 3 would be revised, as the Legal Department objected to the language used in it and that there was a supplemental agreement which ® clarifies this legal description and clarifies the legal description above, _ too . It would involve 50' altogether and not 57' . The agreement will utimately read the South 7' of the North 501 . Commissioner Thornton asked, if Derecktor was going to give 7' of the total 50' ; were they going to give permanent easement of the North 25' and were they going to give a permanent easement for the South 7' of the remaining 251 , and will it leave 18'? He was advised this was correct. Assistant City Attorney Dubow said that he and City Attorney Walden had advised the Commission several times they could never legally find any authority for the city to demand absolutely a gift of 501 . Commissioner Houston said that Mr. Walden had never told the Commission that. After much 6 further discussion, a motion was made by Commissioner Marant that the counter-proposal offered the City of Dania by Robert D. Derecktor & Co. be denied. Commissioner Houston seconded the motion. Mr. Clark appeared before the Commission and was recognized. He said he wished to point out that the adjoining property easement already has a ;q- dedicated 50' right-of-way. Assistant City Attorney Dubow, at this point, said the Legal Department can find very little legal basis for denying the permit. He further said that he and Mr. Walden had prepared an Ordinance, -5- "s NINUTES, CITY OF DANIA SPECIAL COMMISSION MEETING, May 13, 1968 Page -6- City Manager's Report (Cont'd) v.7zic , in errect3 wouid create a moratorium for about 90 days on all of the annexed property in that area until such time as some comprehensive zoning plan could be recommended or studied. He said the Commission was not obligated to adopt this Ordinance, if it did not want to, but that it might provide some legal basis for the city. Commissioner Houston asked if there was any other property there that was in jeopardy. Mr. Dubow said not to his knowledge. There being no further discussion on the motion entertained in by Commissioner Marant, the Commission voted as follows: Houston Yes Marant Yes Thornton Pass Waiters Pass Kelly Yes Motion passed. City Manager Goldberg said he had submitted for Commission action a group of bills from the City Engineer, Broome and Farina, dated May 1, 1968. These bills are as follows: Test Water Wells - $202.50- Miscellaneous Engi- neering - $300.00; Miscellaneous Sewer Related Items - 4285.00; and Miscel- laneous Engineering, Public Works (Streets) - $210.00. Commissioner Houston said he would like to know just how much the City has paid the City Engineer during the past year. Commissioner Marant wanted to know if some of the monies involved did not come under a retainer fee. Commissioner Houston said lie did not know what it came under, but in connection with county roads, the city was certainly not going to maintain them; that the county maintains their own roads. Commissioner Houston made comments concerning the numerous items itemized on the bills and said that anybody could go to the City Engineer and ask him for assistance for this and that, and that then we get a bill. He said, that for some of the services rendered, the fee seemed too high. Com- missioner Marant said that a week ago this past Thursday he and Commissioner Houston went out with Mr. Farina in regard to the test water wells and asked if we were to pay Mr. Farina for this conference. Commissioner Houston said, if he did submit a bill, that he would bill Mr. . Farina for some information he had given him. Commissioner Houston said that the city had had other Engineers before and that the city had never been billed for matters of this nature before. After much further discussion on the bills presented from Broome and Farina, on recommendation of Mayor Kelly, a motion was made by Commissioner Marant, seconded by Commissioner Houston, that the bills as presented be tabled for further tabulation by the City Manager. Commissioner Houston said he thought the matter should be discussed with Broome 6 Farina. He also thought they should be notified that anybody other than the City Manager, unless authorized by him, could not request work from the City Engineer. The City Manager is to discuss this and clarify same with the City Engineer. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Motion passed. The City Manager said that some months back the Commission directed that the Department ,f Public Works be established and that an Ordinance or Resolution was to be prepared in connection with same; that he believed the City Attorney has prepared a Resolution and would the Assistant City Attorney read that Resolution. The Assistant City Attorney said he would first like to read a letter addressed to Mr. Goldberg. Mr. Dubow said the Resolution was three pages and the letter to Mr. Goldberg was about a page and a half. Commissioner Houston said he would like the opportunity to t read the Resolution. The City Manager said he did not believe that the Resolution, as presented, was what the Commission had really requested the -6- MINUTES, CITY OF DANIA SPECIAL COMMISSION MEETING, May 14 1968. Page -7- City Manager's Report (Cont'd) ity ttorney to raw up. me said he thought the Resolution was to estab- lish the authority of the Department rather than giving the Department a Public Works Director, per se. He said he thought the City Attorney might possibly have some questions as to what departments should be covered under the Department of Public Works . Mr. Dubow said he did not what question Mr. .Goldberg was raising, that the position of Public Works Director was in the Charter. Commissioner Houston said that in the Charter you may create this position. Mr. Dubow asked if the Commission wanted the legTdepart- ment to draw up something outlining the duties and was told that this was what was wanted. Commissioner Marant wanted to know how the City Attorney would be able to determine what the duties would be without a recommendation from either the City Manager or the Utilities Committee. Mr. Goldberg said that was why he had asked if the City Attorney had a question on that point. He said he would be glad to meet with him on this point and to make it clear as to what they had been talking about. Several months ago, he said, the Commission outlined the re-creation of the Department of Public Works, which is permitted under the Charter, and the incumbency of those duties and, if there is not sufficient detail in the Charter that spells out those duties, he would be glad to get with Messrs . Dubow and Walden in order to work out an Ordinance or Resolution creating that department. Commissioner Houston said he would like to see the cemeteries pulled out of this. He said the cemeteries should work on their own budget. Commissioner Marant suggested that nothing more be done about this matter at present, and that Commissioner Houston work up something in connection with what he had in mind, and come back to the Commission with his proposal at the next meeting. Mbtion died for lack of a second . Resolution was not what was asked for. City Manager's Report (Cont'd) - Volunteer Fire Department r, Goldberg, city Manager, said that he t thoug the question of funds in regard to the status of the Volunteer Fire Department should be brought to the Commission's attention. He said the current bill is for $1,517.00, which, if paid, the Volunteer Fire Department account would be over-expended by $2,173.00, and that the city still had four months to go before the end of the year. He said, that he, frankly, thought some action should be taken in regard to the Volunteer Fire Department account. Commissioner Houston asked if there was any money left in the account at all. Mr. Goldberg said F there was about $400.00 right now, as of May 1, 1968, Actually, there is no money left because they are $2,000.00 over-expended, so there is no money left in it. It is in the hole by $2,173.00, if the current bill is paid for $1, 517 .00 . Commissioner Houston asked if this was as of May 1st and also, if Mr. Goldberg had the budget report for April. .Mr. Goldberg said he had the bill for April and that it is the $1,517.00 they were talking about. He said, they have already cv..r-expended, and that when you deduct that bill, we are in the red by $2,173.00. Commissioner Houston said that was the t reason he asked, because he didn't have the April budget and didn't know much about it. Mr. Goldberg said, that on this last bill he had asked the Bookkeeping Department to check and see where that account stood and was advised, that if we pay this current bill for April, the account would be overdrawn by that amount, $2,173.00. Commissioner Houston asked Fire Chief Lassiter if he knew how that account was. Fire Chief Lassiter then appeared before the Commission. He say, yes, and that while the account was being checked, that the electric bill should be checked. He said he had turned in anticipated figures for what it would take to operate the Volunteer Fire Department this year, and that in the budget he had requested enough money to operate the Volunteer Fire Department for a year. He said he requested $10,000.00. He said that last year the Department was appropriated $8,000.00 and that this year the Department was cut back to $7,000.00. He said the same is true of the electric bill. He said he had requested $1,650.00 for the electric bill based on the average consumption, and this was eut:.back to $800.00. upon questioning by Commissioner-Houston, the Fire Chief said, that of the $8,000.00 budgeted funds, practically all of it was used. The calls go up every year, he said, and that these calls have to be anticipated, if they are going to continue to give the service they have in the past. -7- tl v ' 13 1968. Page -8- 1'TES, CITY OF DANIA SPECIAL COMMISSION MEETING May �.�:. � _ Volunteer Fire Dept. u i_ty Manager's Report (Cont d) t e o unteer ire Departmentbudgeted itemovesi but 5� commissioner Houston as ed i ` is budget and the Fire Chief responded he was over the budg year. Com- �:�' nr not over the estimate he had turned in at the be edict of the y money s missioner Houston asked, that if the Commission his redistributed the Chief in perhaps,s if it was the proper amount; that he had not that department, could the department come out this fiscal y Lassiter said, that, p P et had been cut checked the total budget. He sadbe thought obuttthattthe�budg 0 had $3,000.0 had been appropriated for new equipment, ,< ment for this year. He said he had had a cut on General for repairs to equip Supplies . Commissioner Thornton recommended that this matter be turned over o over the FinancerCto seeewhatd that could bee Fire ef and City Manager should go devel pea Mayor Kelly said that he thought one of the biggest problems was the fact that they would be severely criticized by the Auditors because the Dania Volunteer Fire Department had 508a00WerHe saidathatlls lsince Ja uaryn the county tit had he past month, which totaled up $ cost the City of Dania taxpayers almost $1,000.00 to maken°fact sued) for county. He said we have been criticized by mpeople that are going to extending a water ,line into the county for a service are not pay- pay for this service . He said the citizens of Dania re paying that is going out into the county, and that these other people ing problems that which at sthey areceive. ction should beHe 1 taken d he tasutot whether this athe ncity was ir racticed in the past. Fire going to continue to do this or noic hadobeenlpy requested that the Com- mission be informed as to what po knowl.. Y past 13 r Chief LearsterCsods to sionersHoustondsaid1hehthought therad been e hadfbeen a lapse of or 15 y o out into the county. He said they stood by and 2 years when they didn't g watched houses burn down, and, finally, the Commission decided that the only E but could humane thing to do was to answer these calls. He said he thought that a even not only to that time the city was receiving $1,500.00 from Broward County, Y+ 6 or 7 not recall at what date it had started. The money was g s at that Dania, btftoeall vc departments, and thatasince that time he thought b the ynumber volunteer of recipients had been cut down. und oner Mayor Kethatasked if that money came Volunteer Fire tDepartment.he General F Mayor CKelly 1said, Houston saidaid twice. Chief • that in turn, the Fire Department owthisc$1a500.001nthat any time the city Lassiter said that with respect en the wanted to take over the full fiscal responsibilitid y, he would be glad for the city to take over that pittaitetheuthingst he athetDania VolunteertFireok it over, it would be giving up Department contributes to the city and not necessarily in the Fire terms Department do - lars and cents. Commissioner Houston said thatandethe other rthings Dthey dor.t more than spends that on their Christmas Party He said they have been He said the Christmas Party costs a lot of money. setting aside 20% of all income that ttcomes in tott a Voluntsed torbuyre Department, and have, in turn, bong to find some solution • Commissioner Marant said the Commission should try because of the calls into the county and did not see on some sort of percentage basis . After discussion, he said the extra cos factor came into being p year ust for the City wily the CityofDtolworkd to withsaf$7r000e00 budget this1ye out there. He said e.e had a problem of Dania. He said that the $1,500.00 coming back to us doesnabout' 5 nearly pa night, and that the county had a good deal ® for the services received out there. He also said that about 5 fires a night could run up to about $200.00 a nig , of the City eo le in the county, but not to the extent that working for them. He said we have an obligation to the people of Dania as well as es the p P he suggested that perhaps the department becomes bankrupt vin HDaniasaid ow.tHegsugghe county had more o an obligation than they are g g earl basis for fire and rescue service people should have to buy a tag on a yearly -i the county; that it should be determined who has and who has not the right _8_ MINUTES CITY OF DANIA SPECIAL COMMISSION MEETING, May 13, 1968. Page -8- City Manager's Report (Cont'd) - Volunteer Fire Dept. Commissioner Fouston as ed if the Volunteer ire Department was over l ; its budget and the Fire Chief responded he was over the budgeted items, but not over the estimate he had turned in at the beginning of the year. Com- missioner Houston asked, that if the Commission redistributed the money in that department, could the department come out this fiscal year. Chief { Lassiter said, that, perhaps, if it was the proper amount; that he had not ' (. checked the total budget. He said he thought that $2,000,00 to $3,000.00 had been appropriated for new equipment, but that the budget had been cut for repairs to equipment for this year. He said he had had a cut on General Supplies , Commissioner Thornton recommended that this matter be turned over n' to the Finance Committee and that the Fire Chief and City Manager should go over the matter to see what could be developed. 0 Mayor Kelly said that he thought one of the biggest problems was the fact that they would be severely criticized by the Auditors because the Dania Volunteer Fire Department had answered 19 calls in the county the 7 past month, which totaled up to $506.00. He said that since January it had " cost the City of Dania taxpayers almost $1 000.00 to make calls into the Y � county. He said we have been criticized by them, too, (in fact sued) for extending a water line into the county to serve people that are going to pay for this service. He said the citizens of Dania re paying for a service that is going out into the county, and that these other people are not pay- ing for that which they receive. He said he thought this was one of their problems and that some action should be taken as to whether the city was going to continue to do this or not. Mayor Kelly requested that the Com- mission be informed as to what policy had been practiced in the past. Fire Chief Lassiter said, to his knowledge, it had been going on for the past 13 or 15 years . Commissioner Houston said he thought there had been a lapse of 2 years when they didn't go out into the county. He said they stood by and watched houses burn down, and, finally, the Commission decided that the only humane thing to do was to answer these calls. He said he thought that at that time the city was receiving $1,500.00 from Broward County, but could not recall at what date it had started. The money was given not only to Dania, but to all volunteer fire departments at that time. . .probably 6 or 7 volunteer fire departments, and that since that time he thought the number of recipients had been cut down, Mayor Kelly asked if that money came into the General Fund, Commisioner Houston said that it goes to the Volunteer Fire Department. Mayor Kelly said, that in turn, the Fire Department was actually being paid twice. Chief Lassiter said that with respect to this $1, 500 .00, that any time the city wanted to take over the full fiscal responsibility, he would be glad for the city to take over that pittance, but he said that when the City took it over, it would be giving up all the things the Dania Volunteer Fire Department contributes to the city and not necessarily in the terms of dol- lars and cents . Commissioner Houston said that the Volunteer Fire Department ' more than spends that on their Christmas Party and the other things they do. He said the Christmas Party costs a lot of money. He said they have been setting aside 20% of all income that comes in to the Volunteer Fire Department, and have, in turn, bought equipment they were not supposed to buy. Commissioner Marant said the Commission should try to find some solution on some sort of percentage basis. After discussion, he said the extra cost factor came into being because of the calls into the county and did not see why the City of Dania had to suffer the expense of going out there. He said we had a problem to work with a $7,000.00 budget this year just for the City of Dania . He said that the $1, 500.00 coming back to us doesn't nearly pay for the services received out there. He also said that about 5 fires a night could run up to about $200.00 a night, and that the county had a good deal working for them. He said we have an obligation to the people of the City of Dania as well as to the people in the county, but not to the extent that the department becomes bankrupt. He said he thought the county had more of an obligation than they are giving Dania now. He suggested, that perhaps people should have to buy a tag on a yearly basis for fire and rescue service in the county; that it should be determined who has and who has not the right -8- MINUTES , CITY OF DANIA SPECIAL COMMISSION MEETING, May 13, 1968. Page -9- City Manager's Report Cont'd.) - Volunteer Fire Dept. - Bills Approved o, these services . e sai the peop e w o pay or it have t e priority. Pire Chief Lassiter said there was a Legislative Act establishing a fire tax district. He said he didn't know if the following would be allowed under the act but that perhaps the City Attorney should look into the pos- sibility of establishing a fire tax district between the boundaries of the Ravenswood Volunteer Fire Department and the Dania Volunteer Fire Department and that the monies collected be used to reimburse the City of Dania for any costs that might be incurred for providing fire protection for that area. Possibly this could be done by referendum. He said the original legislative act did allow for contractural services, but that he thought the act had been amended since then to allow for the cost pr6blem. He said, that if it was not in the act now, he thought the legislative delegation would be receptive to amending the act to allow that and he would be 'glad to work with the City Attorney and pursue this and to report back to the Commission. Mayor Kelly asked City Attorney Goldberg as to what the total figure was for the Volunteer Fire Department to date. Mr. Goldberg said the amount in the budget was $7, 000.00, and that they are over-expended approximately $2, 000.00 . He said they had spent approximately $9,000.00 through April, 1968. Mayor Kelly said that every department was cut last year and they had tried to get the budget balance whereby it would come out as a realistic budget this year. We asked then and have since asked, he said, if it would be possible to have a good close relationship between the Volunteer Fire Department and Police Department to hold down the amount of calls, especially on the emergency- rescue calls . He said this is where the excessive amount of money was being spent. He said there were 16 rescues in the county versus 14 rescues in the city, or a total of 30 rescues. Mayor Kelly asked Fire Chief Lassiter if he could help eliminate any of these expenditures from now on. Fire Chief Lassiter said that in his report was a record of the number of calls that didn't cost anything. He said they had eliminated the very thing that was asked for, that there were two sides to this question. Mayor Kelly said he knew the Commission would be severely criticized by the Auditors and that he thought the bill for $1,517.00 should be authorized for payment by the Commission. He said the Auditors were criticizing the city for paying for county calls and Commissioner Houston said he thought the city had all the rights in the world to make county calls; that it was established by Ordinance a number of years ago . He said he didn't give a damn if the State Auditors did criticize. Commissioner Marant said he did not thank they were criticiz- ing us for this, but for not making a charge at the same time we established the right to go out there. Commissioner Marant said the idea the Fire Chief brought up might solve the problem. Commissioner Houston said, in the mean- time, to try to collect it. On motion of Commissioner Houston, seconded by Commissioner Thornton, the Commission approved the payment of the Volunteer Fire Department bill in theanount of $1,517.00. The Commission voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly No ,Motion passed. City Attorney's Report - Police Department - Resolution Adopted & Effective At the request of Chief of Police Parton, the Assistant City Attorney presented a Resolution concerning a mutual assistance aid plan with other municipalities . City Manager Goldberg noted the Resolution had attached to it the plan that the city will receive. The Assistant City Attorney read the title of the Resolution: A Resolution tentatively approving a mutual aid emergency force plan for Broward County and authorizing the Chief of Police to meet with other police officials concerning such plan so that a final -9- MINUTES CITY OF DANIA SPECIAL COMMISSION MEETING, May 13 1968. Page -10- r Cit Attorne 's Report Cont'd - Police Department - Resolution Adopted recommen anon may e made; and prove ing tat al other resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict; and providing that s resolution ® take effect immediatelyuponitspassageandadoption. Mayor Kelly ll be in rasked ce d Chief of Police Parton about the matter of insurance coverage and, that if the city were to send a man to Fort Lauderdale, would Fort Lauderdale's insurance cover the City of Dania's man, Chief of Police Parton advised the man would be covered by Fort Lauderdale's insurance. Mayor Kelly said the matter of the city's insurance program should be looked into by the City ® Manager concerning this coverage. A motion was made by Commissioner Thornton to adopt the mutual assistance emergency force plan for Broward County Resolution. Motion was seconded by Commissioner Marant. There being no further discussion, the Commission voted as follows: Houston Yes ® Marant Yes Thornton Yes Waiters Yes Kelly Yes At this point, Commissioner Houston pointed out to the members of the ® Commission, that for the past five meetings, people in the audience had not has the opportunity to be heard; that they should be given the opportunity to be recognized and to appear before the Commission; and Mayor Kelly said he did not think anyone had not had the opportunity to be heard. Sewer Assessment Project r. Donn essa o 6 S . E. 6th Street, Dania, appeared before the • Commission at this time and was recognized by Mayor Kelly. He said he would like to get straightened out in regard to the Sessa Estates matter, especially in connection with Mrs . I. C. Williams' objection (as noted at the previous commission meeting) and to have a decision on this matter at this time. Commissioner Houston said that the matter had been adjourned and that no action had been taken. Mayor Kelly said he was a little confused about the matter because the bids had been returned unopened to the bidders on the sewer assessment project and were to be readvertised for bid. Commis- sioner Houston advised the Mayor he was in error, that the matter of the objection voiced at a public hearing of the sewer assessment project had nothing to do with the bids. Commissioner Thornton said that what had to be clarified tonight was, that when the improvements to in, will they be on an assessment basis or otherwise. After fur•cher discussion, Commissioner Marant made a motion that the improvements in regard to the Sessa Plat be clone by assessment. The motion was seconded by Commissioner Houston. There was further discussion and Mayor Kelly said that the Sessa portion would be Daid for shortly after the construction. Mr. Sessa said he had put up the bond. Mayor Kelly said that the portion done from Sessa Estates "would be ® Paid for r shortly h city. y Commissioner Houston in ea to the 61' linethatruns backupto3rdTerrace, that Sessa wouldberassessed for it because it is in front of his property and in connection with 3rd Street Sessa gets assessed for that also. There being no further discussion, the Commission voted as follows: ® Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes t:otion passed. ,-wales — 7ayor Kelly recognized Mr. Nicholas DiMauro, 25 S. E. 15th Street, Dania, e:Po advised that rainwater was filling up in the street in front of his home, that he could not get out of his car because there was water everywhere and t comes up to the front of his house. He said that the grades were not 7-1: jDerly set and that, possibly, a dry well needs to be put in that area. Idaycr Kelly requested Commissioner Waiters, Chairman of the Streets Committee, to look into this matter. City Manager Goldberg asked Mr. Carney, if the natter had been taken up previously. Mr. Carney said he would have to look at the old established grades and the City Manager then asked Mr. Carney -10- MINUTES, CITY OF DANIA SPECIAL COMMISSION MEETING, May 13, 1968. Page -11- to check into this on the sewer grades and to report back to the Commission. Mr. John Justice, 945 So. Federal Highway, Dania, appeared before the Commission and asked if there was a possibility of getting Pirates' World to turn their speakers down after midnight. On recommendation of Commissioner Marant, the Chief of Police was requested to ask the operators of Pirates' World to turn down their speakers and most especially after midnight on Fridays. Commissioner Houston asked Mr. Goldberg if Mr. Hosey had been paid. Mayor Kelly replied that Mr. Hosey had not been paid as yet because the City Engineer had found some discrepancies in the bill. Commissioner Houston said this was a serious matter. In further discussion he said that we should give these men (contractors) their money, that if the bill has not been approved, tell the man why the bill has not been approved, and to get an adjustment on it. Ile said he knew what it was to be waiting for money on a Thursday or Friday for a payroll. He further said there was no reason for it and that he would like to see the bill taken care of immediately. Commissioner Houston said, that in regard to water, he wanted to call to the Commission's attention to 7th Street just south of Tiger Tail Road in the first block. He said he had had reason to be in the neighborhood a y month or so ago, and to make a house call on someone there he had to drive his car up on the sidewalk and then walk through 3" of water. He said the street comes doom at that point there and that when it rains you sometimes cannot run your car through. He further said that a dry well had been put in there a number of years ago, and that about 50' of drainage pipe had been put in there on each side of the street. He said that about two years ago, ® he believed, there were some dry wells put in there. He said he thought the pipe was filled up with sand and that the City should go over there and get some relief. Commissioner Waiters said this had been brought to the City Manager's attention some months ago, and Commissioner Houston said it was not for the City Manager to take action, but for the Commission to act because it involved money. Commissioner Waiters said that was why he had ,B brought the matter up. He discussed 5th Avenue, and Commissioner Houston said there were two French drainfields there, one on each side of the street and that a pipe runs under the street, which was put there at the time the street was paved. The pipe runs through to balance the water under the street, which pipe is about 18" or 24". Commissioner Thornton said that probably all the situation needed was that the drainfields and concrete pipe should be cleaned out. Commissioner Houston said that in connection with city equipment, it was the worst he had ever seen. He said there were two stake body trucks that look bad and must be 7 years old. He said he didn't know why they had not been replaced before this, but it was time something was done about it; that there was other equipment in the same condition, but that something had to be done about the trucks. He said the city was coming into a time when there would be more trash and cuttings, et cetera. He said he would like to see the city advertise for new trucks . Mayor Kelly said he thought Commissioner Houston had just made the statement a short time ago that the city should evaluate the budget. He said the Commission had tried to take this into consideration when the present year's budget was made up, and there was just not money available under the same tax structure that the city has had. He said he thought that before any action was taken on this, that analyzation should be done to see where the money would come from. He said he would like to see new equipment, too. Commissioner Houston said the City should get it. Commissioner Thornton reported to the Commission, that in connection with the meeting scheduled for May 14, 1968, that the report was not up to date; that he would check further in the morning, and contact everybody con- cerned and reset a meeting date. -11-- Rl MINUTES, CITY OF DANIA SPECIAL COMMISSION MEETING May 13, 1968. Page -12- Acting City Clerk - Personnel commissioner Thornton recommended that the Acting City Clerk be author- ized to sign city account checks. Commissioner Thornton made a motion that a Resolution be drawn and adopted authorizing the Acting City Clerk's P. signature be put on record at the Dania Bank to sign on all city accounts . ® There was discussion concerning this motion which was amended that two a out of three signatures would be available. Commissioner Houston seconded the motion and then added he would like to have the Acting City Clerk sign all city checks . The Commission voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes riw Kelly Yes 41N." tklFranchise Commissioner Marant said the State Auditors had given him some documents 5. dating back to July 1, 1955, to June 30, 1956) in connection with the Holly- ,- wood Bus Line, Inc. . The particular document referred to was in connection with total income and expenses. He said at the bottom of the document it stated : Franchise percentage to the city, $1,569.85, and also rent paid, ! (but it didn't say to the city) in the amount of $4,200.00. He said also Plat if he assumed correctly, the franchise has to pay to the city $ ,500.60 and that, possibly, the rent paid to the city was $4, 200.00, and this was a great deal of money. He said the Auditors wanted to know, if the city was still receiving this money, and if the city was not, why not, and if it was discontinued. After much further discussion, Commissioner Houston suggested that the Auditors call Mr. Charlie Springer and find out what they can from him. Commissioner Thornton said the money referred to did not come to the City of Dania, but that he thought it went to the City of Hollywood. Licenses -. Commissioner Marant reported that Building Inspector Walker had advised the commissary licenses for the New England Oyster House and Toddle House _, • had been applied for and issued. Proposed Civil Service Plan - Personnel Commissioner Marant repo rte a ad tried to contact Mr. Bachman at the Fort Lauderdale City Hall in regard to the proposed Civil Service plan, but that Mr. Bachman was out of town and that he would try to contact him at a e future time and to make a report back to the Commission on May 20, 1968. Garbage —commissioner Marant brought up the matter of garbage, and that the Auditors were interested in this item. He said that, possibly, when Joe Paulson is put on the Finance Committee, they could come up with a few suggestions at that time and report next Monday night and have some kind of answers . Parks Commissioner Marant said the Auditors were still concerned about the Dink Frost concession at Houston Park; that some written policy would have A to be established by the city inasmuch as Mr. Frost was collecting money for some items there. Commissioner Houston said there had been a verbal agreement with Mr. Frost there would be a 25C charge for launching boats, but that no Dania residents were to be charged. Further, it was agreed that Mr. Frost was to take care of the grounds, and the turning on and off of lights at the ball field. Commissioner Marant said the Auditors were concerned that city taxes went to pay for the sea wall on the west side of the cut-off canal and that erosion was taking place. Commissioner Houston advised he had told Mr. Petrozella how to correct the seawall erosion. Commissioner Marant said the point is that there is city property there and that Mr. Frost is collecting money for launchings and dockage fees. The recommendation was there should be some written agreement with Mr. Frost concerning the collection of these monies, or that the concession should be _12_ . ..k. _ . . v MINUTES, CITY OF DANIA SPECIAL COMMISSION MEETING May 13 1968 Page -13- Parks (Cont'd) Puu_- out or id in order to get the Commission off the hook. Commissioner Elouston said the matter should be first discussed with Mr. Frost; that any boats clocked there at the Park should be asked to leave. Commissioner Marant said the City Manager should contact Mr. Frost and make some arrange- ments in this connection and present it as the next Commission meeting. Appreciation commissioner Marant commended the Fire Chief and his department for the excellent job they did at the scene of a recent accident on Griffin ® Road . Licenses m issioner Marant said he believed the Commission had passed a j Resolution a few weeks ago to authorize the city to issue licenses to a couple of clubs here that had not been issued licenses to before and he asked, if the money, in the amount of $750.00 for each club had been returned to the city, which had been held in escrow. Mayor Kelly said the City Attorney would check into the matter. Public Housing ayor e ly brought to the attention of the Commission that next ® Monday night, May 20, 1968, the Public Housing Authority would come up on the agenda and that the Commission should resolve this matter before that time; that Mr. Howell was pursuing this and would require a reply as to whether or not the city was interested in the program. Expenses ® Commissioner Marant said that this coming Thursday night, May 16th, the Broward Leauge of Municipalities would be holding their monthly dinner meeting at the Viking Restaurant and that he would like the full Commission to be at the meeting, at city expense, and to include wives and the Acting City Clerk. Commissioner Houston said he had noted a bill for 8 dinners at $6 .00 each for a previous dinner meeting and that he wanted to know when the city had started paying bills like that, which was for Commissioners and their wives . Commissioner Marant said he did not know when it had started, but that last year when he came on the Commission, Mrs. Thornhill, Mr. Brice and Mr. Adams took him to one of these dinners and that he had picked it up from there. Commissioner Marant said, that rather than not attend these dinner meetings, he would pay for it out of his own pocket, but that he felt it was short-minded in attitude not to go to these meetings . Commissioner Houston said he did not say not to go, but that when the wives go, there was the matter of $6.00 a plate for them. Mayor Kelly was in dis- agreement with Commissioner Houston as to the spending of the city's funds for items of this nature. Commissioner Marant made a motion that funds be made available for the Commissioners and their wives to attend civic • functions . Motion died for lack of a second. hater and Sewers Mayor Ke 1y advised the Commission he was disturbed concerning the delinquent water and sewer accounts . He said he had been in contact with the Water Department Superintendent and that the Superintendent said he ® % ould work diligently to get this caught up, but that he did not have the authority concerning the sewer accounts. Mayor Kelly said there were accounts in arrears in the amounts of $836.00 for sewer bills, another for $76 .00, and a half a dozen or more and that this bills go back for a long Limo. H asked Mr. Carney as to who took care of delinquent sewer accounts . ?L . Carney said he assumed that it would be the same person who handled ® :ielinqu,_nt water bills, because in order to stop their sewage, the water a:ould have to be cut off. Mayor Kelly says that Mr. Bressler assumes he ;snows nothing of the sewers. Commissioner Houston said that Mr. Bressler Kati nothing to do with delinquent accounts, that that was a matter for the sit} office personnel. Mr. Carney said their was an Ordinance in connec- Lion with red-tagging delinquent accounts; and Mayor Kelly said he wanted '"'now why this wasn't take care of. After much further discussion as to -13- MINUTES, CITY OF DANIA SPECIAL COMMISSION MEETING May 13 1968. Page -14 Water and Sewers (Cont'd) c• o a t e response ility of collecting the delinquent accounts, Commissioner Houston said, that the City Manager should decide who is delinquent and issue the order. Mayor. Kelly requested Mr. Carney to look into the matter. He sx said he understood some of the accounts were paying their water bill, but not their sewer bill . Mr. Carney said the only way to make people pay their , . sewer bill was to cut the water off. Mayor Kelly asked Mr. Carney if he Rnew why the people were not paying their sewer bills and Mr. Carney said t that some of the members of the hotel, motel and apartment group who main- 4YI1."Ci :<^ Lain it is an unfair charge ever since the sewer charges went into effect, and that they had appeared before the Commission many times to have the® matter resolved and that it has never been resolved to their satisfaction. Mayor Kelly asked if there were a lot of-hotels and motels that have been paying right along and that, as far as he knew, the Commission had resolved :N NO the matter, whether it pleased some or not. Mayor Kelly reiterated this M; was a problem that needed to be taken care of and the people are to be in- formed by Mr. Carney, either to pay up or the water will be turned off. City Property - Swales '+ At t is time Mayor Kelly recognized Marvin Span of 213 N. 8th St. T and he appeared before the Commission to discuss the condition of st}zeet between S.W. 2nd St. and S.W. 3rd St, going north on 5th Ave. west of the Y -a. • FEC railroad tracks . He said the city had paved the sidewalk but that a t, there was water lying between the sidewalk and roadway and he requested the city to put rock in between the street pavement and the sidewalk on the north side of the street. The matter was referred to Commissioner Waiters s G •k. for study and recommendation. b ® Adjournment !'Fie meeting was adjourned at 10:35 P. M. . Respectfully submitted, • L ayor- ommi stoner • cting City Cler , • • 5/13/68 -14-