Loading...
HomeMy WebLinkAbout31076 - MINUTES - City Commission "Eik'r MINUTES OF MEETING OF CITY COMMISSION, CITY OF DANIA, FLORIDA FIELD ON MAY r, 1968. The City Commission of the City of Dania met in the Commission Room at the Dania City Hall at 8:00 n P.M. . Present were: Mayor-Commissioner Robert Kelly r> Commissioners Richard Marant- '� Robert Houston Nv1, Joseph Thornton ' _A^,C Boisy N. Waiters �zd City Attorney Clarke Walden " + R,- City Manager Stanley Goldberg Chief of Police Donald Parton Building Inspector Hubert Walker axy Mayor Kelly called the meeting to order at 8:00 P. M. . The Invocation was given by Rev. Medina. Mayor Kelly asked that the Clerk call the roll. The Mayor-Commissioner s ` and all members of the City Commission were present with the exception of Commissioner Waiters . On Motion of Commissioner Marant, seconded by Commis- { sioner Houston, the commission moved to temporarily excuse Commissioner i Waiters from the meeting. Commissioners voted as follows: ^C Houston Yes Marant Yes Thornton Yes Kelly Yes Approval of Minutes ® n motion o ommissioner Houston, seconded by Commissioner Thornton, the Minutes of April 15 and 17, 1968, were approved. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Kelly Yes Bills Approved 7e ity Attorney requested approval of the city's bills for the months of March and April, 1968. There was no discussion on payment of the bills Ofor the month of March, however, Commissioner Houston stated he was not ready to vote on the bills for the month of April. On motion of Commissioner Marant, seconded by Commissioner Thornton, the City Commission approved pay- ing the city's bills for the month of March, 1968. The Commissioners voted as follows: * Houston Yes Marant Yes Thornton Yes Kelly Yes .j Licenses City Attorney Walden submitted the application for the transfer of 4 COP License from the Dania Bar and Lounge to Floridian Lounges, Inc. for approval by the City Commission. At this time the City Attorney informed the City Commission that the city's Building Inspector and Fire Inspector had found the following violation on the above premises: Improper extension cord wiring, no fire extinguisher(s), and the operators of the premises cook food for customers, but do not have a restaurant license, and there also appears to be some health violations. After discussion, on motion of Commis- sioner Houston, seconded by Commissioner Marant, the City Commission approved th:a transfer of the 4 COP license from Dania Bar and Lounge to Floridian Lounges, Inc . on the first reading. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Kelly Yes -1- C]i'r OP DANIA COMMISSION MEETING, May 6, 1968 Page -2- At this time, 8:11 P. M., Commissioner Boisy N. Waiters appeared at the meeting. Pecall Petition City Attorney Walden, at this time, discussed the Restraining Order suit entered by Commissioner Waiters concerning the Recall Petition, which Petition involves Commissioners Marant, Kelly and Waiters. Commissioner Waiters had filed a suit in the Circuit Court several months ago and had asked that the proceedings, insofar as he was concerned, be enjoined or restrained . City Attorney Walden stated, that with the consent of all, per- $ ..aps it would be simpler or better to restrain the entire proceedings, not only as to Commissioner Waiters, but also as to Commissioners Marant and Kelly. He said the injunction was entered on February 8, 1968, and that since that date Commissioners Marant and Kelly have requested that the restraining order be resolved or released as to them so that the recall proceedings can proceed. , - The City Attorney stated, that under the City Charter, at one stage of the proceedings, the Petition must be on file at City Hall for thirty (30) days . He stated he believed the Restraining Order had been entered twelve (12) days after the Petition was filed in City Hall and that there would be a period of eighteen (18) days left to go. Mr. Walden stated, that as City I " Attorney, he would not do anything in this connection unless lie was author- ized by the Commission to do so. Mr. Walden suggested that he file a Motion which asks that the recall be allowed to proceed against Commissioners Marant and Kelly without any action being taken on Commissioner Waiter's phase of it. He said he would like to file same and to reserve a hearing date before Judge John Moore on Tuesday, May 14, 1968. f. A motion was made by Commissioner Marant and seconded by Commissioner `z Waiters for the City Attorney to proceed to file the Motion to dissolve the temporary restraining order with regard to Mayor-Commissioner Kelly and Com- missioner Marant and to leave the restraining order stand in regard to Com- missioner Waiters until his case has been heard. Discussion followed as to the necessity of having a City Clerk. City Attorney Walden stated, that if the Commission did not have a City Clerk, it could create more confusion, that the City should, at least, have an Acting City Clerk; that there was a time element involved here and that some action should be taken in this connection. Mayor-Commissioner Kelly asked for a roll call vote on the motion before the Commission and the Commissioners voted as follows: t Houston Pass Marant Yes Thornton Pass Waiters Yes Kelly Yes Motion passed. Zoning Ordinances City ttorney Walden stated, that with respect to the condominium R- Apartment Zoning Classification Ordinance, there should be a hearing at the earliest date, which date would be three (3) weeks from May 6, 1968, so that the Commission could advertise a public hearing for fifteen (15) days . At that time Mr. Walden stated he could present some other Ordinances toward getting any necessary zoning. Therefore, he recommended that the Zoning Board and City Commission arrange to meet together at a regular City Commission meet- ing on May 27, 1968, 8:15 P. M. as a joint meeting, said meeting to be adver- tised in the local news media. On motion of Commissioner Thornton, seconded by Commissioner Houston, the Commission moved that the advertising of the R-Apartment Zoning Classification Ordinance be scheduled for a public hearing on May 27, 1968, 8:15 P . M. as a joint City Commission and Zoning Board meet- ing. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes -2- CITY OF DANIA COMMISSION MEETING, May 6, 1.968 Page -3- Water and Sewers t this time, 8:15 P. M. , the advertised public hearing was heard as to objections for Special Assessment for Construction of Sanitary Sewers, Water Lines and Alley Paving North of Sessas Estates No. 1 and South of Sessa Estates No. 2. City Attorney Walden read the advertised improvements, as follows: Alley improvement located between S. E. 3rd P1. between S.E. 4th St. and S . E. 2nd Ave. to S. E. 3rd Ave. , Dania, Florida, construction of alley improvement to be 12' in width. Estimated cost $2,375.00. Alley improvement between S. E. 4th St. and S. E. 4th Terr. to S. E. 2nd Ave. and S. E. 3rd Ave. , Dania, Florida. Estimated cost $2,625.00. Street improvement or. S.E. 3rd Ave. to• S. E. 3rd Pl. to the alley south of S . E . 4th St., Dania, Florida. Estimated cost $2,058.00. Drainage improvements: culvert drainage on S.E. 3rd Ave. to S. E. 3rd Pl. and the alley southeast of S. E. 4th St. , Dania, Florida, and Sanitary sewer improvement located in the alley between S. E. 4th St. and S. E. 4th Terr, from S . E. 2nd Ave. to S . E. 3rd Ave., Dania, Florida. Estimated cost $14,595.00. Access water line improvement at S. E. 3rd Ave. to S. E. 3rd Terr. to S . E . 4th Terr. , Dania, Florida. Estimated cost $9,525.00. Here, Commissioner Houston asked the City Attorney, if the City had one alley there with the sewer in and the City Attorney said he had read two (2) alley descriptions . A sewer will go in the alley between S. E. 4th ® St. and S. E . 4th Terr. one the south side and the water line improvement is at S.E. 3rd Ave. to S. E. 3rd Terr. and to S. E. 4th Terr., Dania, Florida. City Attorney Walden stated the aforementioned improvements were to be assessed against the adjacent properties, which are benefitted and these properties are to be assessed in proportion to the to the benefit derived from the improvements . He stated at this time that he believed there were some objections and for the Mayor-Commissioner to call for these objections at this time. Mayor Kelley asked for any objections to the improvements to be con- structed in the alley to the north, which lies between N.E. 3rd P1, and s N. E. 4th Street. He explained this was the alley to the north of Sessa Estates. There were no objections . Mayor Kelly asked for any objections to the improvements to be con- structed in the alley to the south, which lies between N.E. 4th St. and N. E. 4th Terr. . At this time, Attorney Frank Adler appeared before the Commission on behalf of his client, Mrs. 1. C. Williams, and stated they objected to the installation of any improvements whereby special assessments will be levied against Mrs . Williams' property. Mr. Adler said the reason for the objection was this land is, and has been used, for many years, for agricultural purposes and, therefore, these improvements would be of no benefit whatsoever, either directly or indirectly, to Mrs. Williams. He said they believed the proposed improvements were being made for the benefit of a developer-contractor. He further stated, that if this is the case, then the costs for the improvements would be enjoyed by those who buy from the developer and should be paid for entirely by those who receive the bene- fits therefrom. His objection on behalf of his client also included the installation of sanitary sewers . Mayor Kelly then asked if there were any further objections. City Manager Goldberg then submitted to the Commission some estimated costs, as presented to him by John Farina, Engineer, as to the per footage costs. He stated the alley paving would be approximately $2.00 per foot, that the sanitary sewers would be $11.00 per foot, and the water line would be $4.50 per foot. Mayor Kelly asked if the water line was to be assessed. Commissioner Houston said, that on this particular block, it is to be paid for by the owner. -3- CITY OF DANIA COMMISSION MEETING, May 6, 1968 Page -4- INA Water and Sewers (Cont'd) City ttorney Wa en said now that he wanted to make certain that the special assessment would cover the alley on the north side of the subdivision and on the south side and then the paving of this street which runs north and south on the east side and the sewers. . . At this point, Mr. Walden asked if he understood that the subdivider was going to pay for the water line? ® Commissioner Houston stated that the water line was supposed to be paid for in the alley lying between N.E. 4th Terr, by the Sessa subdivider. Mr. Walden said, as he understood it, that the subdivider was going to pay for the side- walks, plus the water lines he was going to put in. Mr. Houston said that was right, plus he would have a portion of the paving on N.E, 4th Ave. . Mr. Walden said the subdivider would have to put up a bond, if he had not already done so. He said we then should not advertise for the water line to be under the special assessment. He said then he understood the water line would not be assessed for any part against Mrs , Williams. Mayor Kelly asked about the 6" water line that had to be brought in there. Commissioner Houston said he was to pay his proportionate share of that alongside of his property and the City to pick up the cost on the other that he believed ran back to 3rd Terr. He said we were going back to 3rd Terr. to pick it up and then we were going over to 4th Terr. in order to connect up with another line that runs east and west. Mayor Kelly asked to whom this would be charged to and Commissioner Houston said this would be charged to the city. Mr. Walden asked if any part of the 6" water line was going to be picked up by special assessment. Commissioner Houston said yes. Mr. Walden asked if Mrs. Williams was going to pay for any part of it and Commissioner Houston said no, that ® there wasn't anything to be charged to the I. C. Williams' property on that because they hadn't made any application for it. He said we could stop right there at Sessa's, but that it was just good engineering to go through to 4th while the line is running from 5th Ave, over to 2nd Ave. and connect up to there. 0 Commissioner Waiters then asked Mr. Adler if his objection was that he did not want to have any assessments on Mrs. Williams' property for the sewer line? 1-:: . .Adler responded the sewer, and he understood, the alley between 4th and 4th Terrace. He said he felt there should not be any assess- ments at this time as he felt the whole cost should be borne by the subdivider. i Commissioner Houston said he remembered back a number of years ago where there happened to be a trade made between Mrs. Sessa and Mr. Williams in order to get some of the property straightened out. In that trade, Mrs. Sessa also has four (4) lots to the north on the north side of this alley. In fact, the City bought one (1) lot from her for the lift station there and they had three (3) more, which is at least 200' on the other side of the alley that the Sessas will have to pay for, which only leaves about some 400' for the Williams' Estate to take care of and, of course, that would be on sewer and paving, both. Mr. Adler asked that a map be produced that would show the exact locations of these improvements and the actual lots to be in this project, but the map then shown he said in the plans one strip • of the new subdivision, Sessa Estates, whatever section that was just approved a couple of weeks ago. So, he said we really don't know where it is going just at this point or how many lots of their property are involved and what the cost would be. Mayor Kelly said there were four (4) lots on the west side of the alley, that the City owns one and that there were three others going to the east, Mayor Kelly asked if the $11.00 per foot mentioned by • Mr. Goldberg was one half of the assessment and he was advised yes. Mr. Adler said he had found nothing to indicate just how much Mrs. Williams was going to be assessed. Commissioner Houston said he thought they all knew k';hat Sessa had to be assessed. She would be assessed 400 and some feet. Mayor Kelly said he realized that, but that she owned approximately one-third of the property that will be assessed on the 4th St.-4th Terr. alley. Com- missioner Houston said she owns some 400' out of a 1,000 and some feet. iir. Adler asked if the Commission knew which properties were to be assessed and what people were to be assessed before any special assessment program :as completed. Commissioner Houston said there were only two (2) owners here besides the City. He also advised, that until the bids were opened on the project for sanitary sewers and water, the price per foot and actual assessments against the property owners is unknown, After much further dis- cussti.on concerning assessment to be charged to the property owners, the City Attorney informed Mr. Adler and the Commissjon that the City legally had thr right to go ahead and put in the sewers and water line, if they wished '7 CITY OF DA14IA COMMISSION MEETING, May 6, 1.968 Page -S- Water and Sewers (Cont'd) to do so anc to ma e t e necessary charges to those involved. Mayor Kelly <' said they assess people on the assessment $6 .10 a foot and that it was going to cost approximately $11.00 a foot. How can we justify that? City Attorney Walden said that there were some completely independent of each other and the other basic sewer program they were putting in was only roughly one-third r: of the total cost to be paid for by special assessment, so that is why 'the r. }( $6 .10 a foot is much less than it might be where you come in with these actual sewer projects . He said that he thought in the overall sewer bond cards - you have an account called the Renewal and Replacement Account and the money in that, as far as his understanding, was to be used for extensions and +,. additions, et cetera, so that this particular extension would, initially, g .: robably come out of that account. He said he thought there was about !=fI 516 000.00 in that particular account. Commissioner Houston said they had spent some of it and did not know how much was in the account now. Mr. Walden IE`N: said that as a complete alternative they could treat this just like an other j Y ;a special assessment, where, in effect, you advance the money out of the General Fund and then hope to make it back through assessment. He said he didn't think we had this kind of money in the budget. He said also that they would be advancingGeneral Funds for this particular assessment just like you were advancing funds for water lines and streets, and other things. r Commissioner Houston at this time asked if it was possible for this man to go head with the subdivision and septic tanks. City Attorney Walden {« ® said you could not feasibly get a sewer line to a piece of property. .? ?= Commissioner Marant asked if there was any way they could waive the costs to Mrs. Williams for some period of time. . .? There were no further objections. Water and Sewers - Bids Advertised Commissioner Houston said a was disturbed because only two (2) bids had been submitted on all the sewer and water work to be done where it is advertised as a bid as a "whole," Commissioner Waiters asked, at this time, if it was permissible to put septic tanks in that section when there are sewers in that area. John Farina said he did not think so, and Commissioner Waiters concurred. Commissioner Houston said he didn't think so, either, but that he hated to see the fellow held up. City Attorney Walden said, that if the Commission did not feel they had a sufficient number of bidders on the project, they may re-advertise for bids. After considerable discussion, Commissioner Waiters moved that the submitted bids be returned, unopened, and that the project for S. E. 13th St., S. E. 3rd St, and S. E. 3rd Terr. be re-advertised for bid on a partial basis for paving, sewers, and water line, said bids to be received by May 27, 1968, 8:30 P. M. . Commissioner Marant seconded the motion. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Mayor Kelly requested the City Attorney to make the necessary arrange- ments as soon as possible for re-advertising the bid. City Manager's Report 1ty Manager Goldberg requested the City Attorney to advise how soon the notice on the suit filed against the water line down Stirling Road can be heard. He said the contractor and people were concerned at this point as to whether they should have a notice to proceed or not. City Attorney Walden said he didn't think we had the right to proceed, but there has been no court order stopping you from doing anything. He said the suit was served on the City a week or ten days ago. He said he had the impression the City would like him to get the suit disposed of and if so, he should file an immediate answer in order to get the quickest hearing possible. Commissioner ,Marant stated he had had an opportunity to talk to one of the people involved in this suit this past weekend and they have respectfully requested that they be given the opportunity on more particularly talking about one of the land- lords that are in this area--there is a dispute--who has sometime ago spoken h �J OF DANIA COMMISSION MEETING, May 6, 1.968 Page -6- ® City Manager' s Report (Cont'd) about annexation in one regarET or another, and I told him that it might be a good idea to all get together and sit down and go over this thing and find out what the reasons are and see if we can't satisfy the people that are ob- jecting to this for one reason or another to stop all this nonsense with these lawsuits and see if we can' t work with the people that are concerned ® and come up with some solution so that we don't have this problem over our heads . Commissioner Houston said Commissioner Marant might as well mention the man's name because he was concerned about it. He is definitely involved. Commissioner Marant said he knew he was, that the man had brought up some points he felt should be considered and Commissioner Marant said he thought it would be a good idea for the Utilities Committee or the full Commission to sit down and talk about it to see if the thing couldn't be worked out with him. Commissioner Houston said he would like to see the matter held over until they found out where they stood on their water. He said the Commissioners knew the water problem, he hoped, and he said he would like to see that cleared up before they talked about any owner outside of the city. He said he was sure there were developers that wanted to come in here and start on condominiums immediately and that we were faced with a shortage of water right now. He said that the City had been pumping in the neighborhood of 2,000,000 gallons through this dry period and that we were in an emergency right now. He asked what was the use of taking on another owner? He said they were going to have to talk about dry well before the night was over. He said we had to get another well down pretty quick. Commissioner Marant ® said he had taken this into consideration, but that this man out at Fleet Transport had been more than patiently waiting for the City to make a decision one way or another on the project. Mayor Kelly said he would like to point out that the City had tried to annex a portion of the property and it was threatened with a lawsuit on that. He asked how did Commissioner Marantknow that we won't come into another situation. The Mayor said he would like to have this matter heard just as soon as possible and find out whether they were right or wrong. He said they were going to get water, that they had to have water whether this line goes out there or not, and he said he didn't think it was a problem. He said he wanted to know where the City stood, that people make accusations and file suits on our decisions and we get it all through the newspapers. He said he believed they should get a legal • answer on it as soon as possible. Commissioner Marant said he was concerned because the last time this thing had been before the Commission there was a threat of a lawsuit some year ago when we were talking about annexing that property. However, at that time we never got into the basic issues as to what we were going to do, i; we did annex it. Most certainly these people would be concerned about road improvements, fire and police protection, et A cetera. He said, also, that we should get with these people and find out what they wanted as far as annexation. Mayor Kelly pointed out here that when Fleet Transport wanted to come into the city voluntarily, they came to us and perhaps we should have gone in and tried to take in the area, but there was very little said that there are other property owners that would like to come into the city. Commissioner Marant said that basically he ® thought the City should go along with the suit and have an answer one way or the other, but we should also get together with these people, or Mr. A. Well, or whoever in re. streets and water lines, et cetera. He said he would like to see industry come into that area. Mayor Kelly pointed out that the road involved was a county road. Commissioner Marant said, that if we did go out there and annex it, the primary objection, if there was an ® objection, would be spot annexation, which he would not be in agreement with at all. He said, if we went out there we should draw some definite boundar- ies and square it off the best possible way. Commissioner Houston said we were in an emergency on the water and that we were talking about selling water outside the city and that the thing that was paramount tonight was getting some wells out there to draw water from. He said the drain was : o hard on our wells there that we are getting salt there, that we had to :;low down and get some good wells in. If you are talking about annexation, he said, he wanted to remind the Commision, that last year there were annexa- tion bills in and I asked if there were two pieces you were taking in: one was the plastic factory on Stirling Road and the other was five acres along the water plant and he was told they were coming in. He questioned, are they in? -6- ITY OF DANIA COMMISSION MEETING, May 6, 1968 Page -7- City Manager's Report (Cont'd) Mayor y stated that the w le western annexation was defeated . Commis- sioner Marant stated that the City had tried to go as far as 56th Avenue and go 600 feet all the way out Stirling Road to 56th Avenue. Instead of spot annexing we just dropped that whole section, he said he thought there one, two or three areas proposed to be annexed and he said he thought that ® area was free and the other two area were just dropped. Commissioner Houston stated he has now found out that the two area earlier mentioned had not been annexed. At this time, Commissioner Marant entertained a motion that the City Attorney try to get an answer on the lawsuit and that the within the n xt week or two the City Commission get together with these people in this area and find out exactly what can be done, and that no matter what happens ® to this suit until the water situation is solved one way or the other, that we not decide right now to put the water line in, but to get the suit resolved, and that the City reimburse Mr. Charlie McDaniels for the time the bond runs while the construction of the water line to Fleet Transport Co. is pending. (Mr. Walden, City Attorney, said he believed he could get an early hearing on this matter) . The motion was seconded by Commissioner Waiters and passed. ® The Commissioners voted as follows: Houston Pass Marant Yes Thornton Pass Waiters Yes ® Kelly Yes Motion passed. Commissioner Waiterssaid he would like to know once and for all, if the City ever intends to annex any property to the west. ® City Water Meters Mr. Go erg submitted for commission approval a letter to be sent by Mr. Peters to those people who are receiving city water, but who do not have meters at the present time, recommending these people come into City Hall and make an application for a city water meter by June 15, 1968, and the ® alternative for not complying with the request for water meter installation would be to have the water turned off. Commissioner Houston responded, that as previously stipulated, the letter should be sent out and complied with. Correspondence e City Manager submitted for Commission interest a letter received ® from John A. Farina, Engr., of Broome b Farina, dated April 25, 1968, con- cerning the Dania Riverside Laundry sanitary sewer connection. He further stated that Mr. Farina had arranged a meeting last week with the people from ;riverside Laundry. The results of that and a subsequent meeting were that Mr. Farina is still to check out other laundries in other cities to see just flow the charges should be made for sewer connections as the laundry felt it should not have to pay the charges suggested by the Engineer. Commissioner Houston said the laundry was using their own water and what the Engineer should do was to figure out how many pounds of work they turn out and how much water they use per pound. Mayor Kelly said there had been some discus- sion on metering the water used as far as waste water put into the sewer. Commissioner Houston stated, that the water for the laundry plant came from • their own well, but not the water for the lavatories and drinking water. City Manager Goldberg submitted for filing a letter dated April 24, 1968, from William A. Peterson, Hollywood City Engineer, in re. an agreement for the wholesale purchase of Hollywood water by the City of Dania. Mr. Gold- b,rg said, that most of the arrangements for the purchase of this water had ® b_en arranged for. There was some slight change in the contract arrangements ant the City of Hollywood was supposed to be able to authorize to proceed on the matter on Wednesday, May 8, 1968. The City Manager stated authoriza- bad been given to the City of Hollywood to proceed with the water connections and the City of Dania is to pay up to $3,500.00 for the connections. I ,: said, that along with that same item, with regard to the School Board, w, had asked the School Board whether we could use the property out at the -iirling School . They have indicated that they have deferred action on this iaitil they can study the matter more thoroughly. I'urther, in this regard, the Engineer has submitted an estimated cost -7- } CITY OP DANIA COMMISSION MEETING May 6, 1968 Page -8- for connecting up to that location and getting our raw water from there ® of $363,000.00. He stated the matter was actually in limbo at the present time. This is out at the Stirling High School site, He said that last week he directed and authorized the City Engineer have a test well sunk down in s that area even though he had serious questions, he did recommend that, at least, put a dry well down there and see if we couldn't some usage out of, possibly, a dual well. . .two smaller wells out in that area. That has been ordered and the work will proceed just as soon as the well crew can get out there. Mr. Goldberg, City Manager, said he did not know how they were going to resolve the matter with Florida East Coast Railways. He said he had a letter dated April 24th. It said, kindly refer to our letters of January ® 26th and March 15th concerning the City's indebtedness to the railroad in the amount of $6,800.00 to cover installation of the automatic crossing protective devices and flageway at N.W. loth Street. We would appreciate some advice from you as to the status and handling of the City for the pay- ment of this Lill. This is a matter where there is some question on the part of those Commissioners who had been here at the time as to how this ® was to be charged. I have distributed to you all the agreement and supple- mental agreement, and I think what is going to be necessary here would be a meeting with the appropriate committee and the City Attorney to resolve the amounts due. Commissioner Houston said he would like to make a recom- mendation on that the letter be filed and we make it up when we probably get into the budget. We haven't got any money to pay it. He said he ® wouldn't worry one bit about paying the Florida East Coast. They have owed us taxes for a number of years before they paid them and they have held us back on so many things that I don't have any soft spot, and when the time comes, we will have the proper figures and the money that we owe them, but I dislike very much seeing this letter coming back up before us a every other meeting. Now, let's file it and when we get to it to reach 0 in the file and get it. Don't worry about owing the Florida East Coast. You don't owe them $6,000.00, I'll guarantee you on that. If you owed them $20,000.00, I wouldn't worry about that. Commissioner Thornton said that was to be a third split three ways. Mayor Kelly stated he thought the City Manager or the City Attorney should answer the letter. Commissioner Houston said he had seen the time when the City had written Florida East ® Coast for five years and didn't get an answer. Mayor Kelly said, that of courtesy that we ought to write them a letter and tell them that it has been filed until budget time. Commissioner Houston said, also, to ask them, if you want to, why they closed this crossing down here without any authorization. They drove those railroad rails in the ground down there at 3rd Street. That is a City crossing and that is a dedicated right-of-way. Y So, don't worry about Florida East Coast. He said the only time you get anything from Florida East Coast is when you have something to trade. Mr. Goldberg said he had a bill from Broome & Farina for the engineer- ing work, plans and specifications, for the water line over the C-10 Canal, Project #64-99. He said this was in regard to the Stirling Road water line ® and this is the engineering bill for $558.23, which includes seven (7) sets of plans, the engineering work and the additional work required for the second bidding. He said he thought the bill should be approved. Commis- sioner Houston said he thought the bill should be held up until the project was acted on. Mr. Goldberg said the engineer had done the work and the City would be liable for it anyway. Commissioner Houston said we were going to pay our bills . Commissioner Waiters said the man had done the work and that he made a motion to pay the bill and he said he couldn't see holding up the man's money any longer. The motion was seconded by Commissioner i;arant. The Commissioners voted as follows: Houston No (Did not want to pay the bill until project Marant Yes was started). Thornton Yes Waiters Yes Kelly Yes 1 The motion passed, -8- .K C.tTY OP DANIA COMMISSION MEETING, May 6, 1968 Page -9- City Property —lie) city Manager advised the Commission that the four bids received for the purchase of the Police Department's Harley-Davidson 1959 police motorcycle were too low in the approximate amounts of $400.00 and, therefore, the Chief of Police would prefer to keep the motorcycle in the department. After dis- cussion, members of the City Commission concurring, it was agreed that the ® motorcycle would not be sold at this time and that it would remain the property of the Police Department and City. Personnel - City Clerk City Manager o berg recommended to the Commission that Miss Gloria Houghton be appointed as Acting Deputy Clerk. Commissioner Houston stated lie would like to see Miss Houghton's application, whereupon it was presented to him and Commissioner Thornton for review. City Attorney Walden advised he would recommend the title of Acting City Clerk. Commissioner Marant made a motion to appoint Miss Gloria Houghton as Acting City Clerk. Commissioner Waiters seconded the motion. Commissioner Houston asked at what salary. Mayor Kelly said there was no salary in the motion. Commissioner Houston ® said, let's make a salary. Commissioner Marant asked what the starting salary was . Mr. Goldberg asked, the starting salary for the Clerk? $5400. Commissioner Houston asked when this was set and was informed that it was set previously when all the salaries were set. That is No . I . Step Commissioner Thornton asked? Mr. Goldberg said yes . Commissioner Marant said he would include that in his motion, Step I . at whatever range it is at $5,400.00. ® Commissioner Waiters seconded the amended motion. Commissioner Houston said the reason for so many questions was that he under the young lady had been introduced as the City Clerk around here the other day and he just wanted to be sure on it. Commissioner Marant said he had not heard about it, nor had Mr. Goldberg. Mr. Goldberg said that, as a matter of fact, the present salary she was working for was different, but, that if it was your choice ® since you were giving her the responsibility then to set the salary differ- ently from what she is presently making. He said, actually, he believed the salary was $5,414.00. Commissioner Marant asked if this was the salary for the Acting City Clerk and he was advised that it was. Commissioner Thornton said you had a City Clerk and an Acting City Clerk that was set up. Iie was advised no, a Deputy Clerk. Then he was advised Acting_City Clerk ® by Commissioner Marant. Commissioner Houston said the thing that griped him was that when these people are called in for jobs like this, he thought the Commission should be made aware of it and should have a chance to inter- view the same as the other Commissioners. He said he thought they were all entitled to the same privilege. He said some of the applications had been on hand around here for a long time and that he and Commissioner Thornton • did not know they were here. There was no further discussion and the Clerk called the roll on the motion. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes i Waiters Yes Kelly Yes Sewer Assessments City anager Goldberg introduced the matter of additional sewer assess- ments due from Pirate's World. He stated he had spoken to Mr. C. T. Robertson S of the organization in regard to the payment due May 1, 1968. Mr. Robertson has requested that Mr. Goldberg forward some information back through the City Attorney and to send all this information over to Mr. Walden. At this time Mr. Goldberg asked the City Attorney if he had heard from Mr.Robertson. Mr. .,ilden said he had just gotten the information today and that he would get in touch with him otherwise he would suggest this on the assessment list. Commissioner Houston wanted to know why this assessment had not been put on the assessment list. lie said that now you had satisfied yourself that they ' owe it, let's get it on the assessment list. He said they owe $6,200 and some dollars, plus interest, as I recall. City Manager Goldberg said there was an assessment on some of the land that they owned and that was on the assessment roll and is on the assessment roll. This additional assessment was by agreement, like all those additional connections that are made after the assessment roll is prepared. It was by agreement and on the agreement they spell out the specific terms. They are not actually a part of the original_ assessment roll. As far as I understand from Mr.Walden, they can't -9- CITY OF llADII:A COf4MISSION MEETING May 6, 1968 Page -1.0- Lu Scorer Assessment (Cont'd) �Y real y be ma e a part o the original assessment roll. They are all individ- ual. agreements at a later date. Commissioner Houston said, you got that tax clown there for the assessments and it is not even in there, let alone in the y' assessment roll. Mr. Goldberg said that was all he had. ` s i"Iosey Construction Co. V `j Commissioner ouston said to Mr. Goldberg I understand you have a bill from Hosey. Where is that at? Mr. Goldberg, City Manager, said he got a mill here at 8 o'clock, P. M. , however, it hasn't been fully approved. Commis- sioner Houston said to let's find out what the bill was. Present the bill and let us decide what we want to do about it. I bring that up because we were just talking about sewers and how much moneywe had in the fund and everything, and I know there is a bill here against those funds . Mr. Gold- berg responded yes, ._I,at the total bill here -is $6,095.25 and I don't recommend approving it at this time until such time as it has been approved and checked . As I said, I just received this at 8 (51clock. Commissioner Houston asked who checked the bills, you? Mayor Kelly said the Ergr,, Mr. Carney & ldh rg had to check the bill. All right, Commissioner Houston said, I make a motion that the bill be approved when the proper authorities have satisfied z themselves that it is right aniapproved. I move that it be paid at that time . Commissioner Marant said it had to be approved by City Manager, -Mr, Carney & the City Engineer. Commissioner Marant seconded the motion. Mayor Kelly said to make sure there was enough money in the bank to cover it. Commis- sioner Houston said he wanted to get it in there and charge it against that ,r account so that we know what we got. There being no further discussion the Commissioners voted as follows: r E Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes City Property - Dania Cultural Center Mayor Kelly stated he had one piece of business here. He said he had a letter from Mr. Zern who is interested in using the Senior Citizens building on May 17 , 1968, from 7:30 to 11:30 P. M. for a discussion group. Mr. Zern lives in the City of Dania and was holding these groups in the Art Building e at Hollywood until they closed and he is interested in coming into the Dania Cultural Center. Mr. Zern would like to meet once a month and he has asked permission to use this building one time. Mayor Kelly said he had check with Mr. Dickerson and that he had said it would be all right with him and that the building would be available. Commissioner Houston asked what the group was . Mayor Kelly said it was a general group discussion on topics such as metaphysics and yoga, et. cetera for one evening, May 17, 1968, between the hours of 7: 30 P. M. and 11:30 P. M. . Commissioner Thornton moved that Mr. Zern and his group be permitted to use the facilities of the Dania Cultural Center the night of May 17, 1968, 7:30 P. M. to 11:30 P. M. . Motion seconded by Commissioner Marant. The Commissioners voted as follows: Houston Yes Marant Yes Thornton Yes Waiters Yes Kelly Yes Public City Housing Authority Iiayor Kelly stated that at our last meeting, the 15th, we had a gentle- man before us in regard to setting up a city housing authority and at that time I asked Commissioners Waiters, Marant and Houston to act as a committe on this project, to explore it, and report back to the Commission at a future date, and Mr. Howell is here in the audience tonight and I was just wondering if you have anything we can discuss this about. Commissioner Marant said they hadn' t had a chance to get together. Commissioner Waiters had been tied up. ( orunissioner Houston asked who the gentleman was with and Mayor Kelly said lie was the gentleman who was here two weeks ago before the Commission on the 15th. Commissioner Houston asked in regard to what and Mayor Kelly said on -10- I'II OF DANIA COT-VISSION MEETING, May 6, 1968 Page -11- Public City Housing Authority (Cont'd) O public housing. Commissioner--Fa-rant said he would suggest that they get together in the middle of the week or before next Monday night. Mayor Kelly said he had explored this a little more thoroughly with Mr. Howell and had sat down with a representative from Atlanta from the government Pederal Housing Authority and I definitely, personally feel, that it would be a good thing for the City of Dania. I think I would like for us all to ® check into it and get in touch ::ith Mr. Howell, or let him get in touch with us and, if you have any questions or problems, let us resolve this thing and see what we can come up with. Mayor Kelly suggested that Commissioner Waiters get with Mr. Howell and he was sure he would be available. Personnel - Personel Director ® Commissioner Marant saiU the Commission had come a long way concerning this Civil Service Program and, yet, we seem to be in limbo for the past two or three months and certain people are quite concerned about it, I, myself, being one, and I know that the City employees are wondering what has happened to it and where it is at and what is going to be done about it. I think one of the major holdups, if I am correct in assuming this, O is that we need the services of a Personnel Director. I have talked to members of the Civil Service Board, namely, Mr. Wells, Mr. Kessinger and Mr. Eglanis in regard to this Situation, and I have offered my services to r their group as a pro-tem personnel director, if it meets with the approval of the Commission, to act on a parttime basis from now until next November or whenever the Commission or Civil Service Board would desire me to ® relinquish that position. I have a proposal that would include that I would work with these three men and help them establish a program to get this thing underway, at no expense to the City, on my free time, just to see that it gets underway, and, if at any time, a problem arises as to concerning an employee and the Commission would have to take action on it, then I would abstain from all voting on that particular point and represent O the Civil Service Board or the Personnel Dept, of the City, whichever it may be and in the case of a deadlock concerning an employee's position with the City, I mean a two and two vote, because I would abstain from all voting, that the Civil Service Board would break the deadlock. They have been receptive to this proposal and do not wish to have it delayed any longer than possible, and I would like to see us get underway with it and in work- ing order and try to move it along a little bit before October and November rolls along and this becomes a political football, as it has in the past. I don't want to see people coming around asking about a civil service program. I ask the Commission to consider this proposal and I would very much like to serve in this capacity and I would relinquish the position at any time the City Commission asked me to or any time the Civil Service Board asked me to, O and I do know this is an important factor in the Civil Service program to have someone to have the Personnel Director position and I would serve in this position with no renumeration or compensation whatsoever. I offer my services . Commissioner Houston said he did not think it was a proper job for a O Commissioner, personally. I think you have an obligation to the City here and to the employees, both. And, in my opinion,it would be very hard for you. I would like to have these men make another recommendation, an out- sider rather than a City Commissioner. There are plenty of men around the city we can get without a salary. Commissioner Marant said he wished then someone would volunteer their services in this capacity. Commissioner Thornton O said, at the next meeting on Monday, that the Civil Service Board propose a name to us, that they could contact a person they have in mind and see if he would accept it and see if we would approve him. Mayor Kelly said he under- stood that Mr. Bachman of the City of Fort Lauderdale would be willing to come down on an advisory type job. Mr. Wells stated, that for the record his Board would rather not pick the man out, that the Commissioners should O pick the man. Mayor Kelly stated that Mr. Bachman was a professional man and he would take this on a parttime advisory basis, and he said he under- stood this was very common to do something like this when there is a small group. Perhaps we could authorize the City Manager to get in contact with him and find out what he would charge us to accept this and what his fee would be. He has met with us four or five times in the past at no charge -11- F WORME AOL ('ITY OF DANIA COMMISSION MEETING May 6 1968 Page _12- Personnel - Personnel Director (Cont'd) just to help us proceed witF7E-J__s7_c-i_v'iT service. He is personnel director for the City of Fort Lauderdale. Commissioner Marant said he would arrange a meeting with Mr. Bachman. At this time Commissioner Marant said there were a few things that had come to him through the grapevine with respect to the State Auditors: m 1) Ile stated the Auditors had come upon the fact that New England Oyster house commissary has no license to operate as a commissary. The appropriate department should check into this. 2) Another thing they are concerned about is the concession over at Houston Park given to Mr. Dink Frost--the fact that he is out there collect- ing money and it is City property and the City is required to take care of the sea walls and he is charging people to park their boat and whatnot, and they say there should be some definite arrangements made beside a verbal agreement. It should be in writing. Some definite commitment should be made, since he is collecting monies over there for one reason or another. 3) A franchise or permit, whatever you want to call it with the Holly- wood Transit Authority. I don't know exactly what they mean about that, but tti; there needs to be a license for them to have their busses run back and forth S through the City of Dania. Commissioner Houston said this was taken care of by the State. r.t 4) He stated the Auditors were concerned about the uncollected water bills dating back five or ten years, so to speak. I guess there are a few of them left and something should be done about it. Commissioner Houston said that was one of the things he had brought up and that those bills should be put on the assessment list. Assess the property. There is an Ordinance down there. That is probably what they are talking about, if there is an Ordinance in effect, then we ought to abide by it. 5) The official operation of the Westside Memorial Park. There is no Ordinance like we have for Dania Memorial Park and they would like to know under what authority we have the right to'. operate this and why there is not a Perpetual Care Fund in that park, also. Commissioner Houston said he did not know where you got your information, but I explained it before and I said that the only one we could really be responsible for was the Memorial Park that was set up in 1952. All the rules were made and every- thing else and I told them the Ordinance number. They said they couldn't A find anything on it. The Ordinance number is 295. Woodlawn Cemetary, I told them how far it went back. It went back prior to Broward County that was incorporated when we were part of Dade County. :® They are also concerned with the Dania Memorial Park, Mr. Houston, they say we are doing things wrong and that they would like to get with . you on Rule 13, page 9, concerning lots purchase and the interest to be paid and the down payment and things like that. That we have no system with respect to the collection of these monies. Mr. Houston says he thinks the rule says to pay for the lots . We had a lot of people who came in here when it was pretty hard for them to pay out $85.00, plus the other expenses. . .it was pretty hard to turn them down, so we just agreed, there was no Ordinance or anything else that the Clerk would accept the deposits for the lot.- and they had to be paid for in a reasonable time, which was to be about two years at the most, but some of them have not paid up, but in no case could there be any burial until the monies had been paid up. I take issue °® with the Auditors on some of things, such as this Ordinance or special act passcd in 1962 or 1963 and we are supposed to have a yearly license. But we have never been notified on that, helieve me. We adhered to everything that was necessary when that cemetary was incorporated in 1952 and we have had not notice on anything else since then. Mayor Kelly said that if Rule 13 were read =t definitely does spell out how you can buy a lot on time, how much you are supposed to put down and what interest is to be paid, and this is what has not been followed and this is what they are criticizing us for and, to my knowledge, has never been followed. -12- MEW CITY OF DANIA COM14ISSION MEETING, May 6 1968 Page -13- Building Code Cods loner Marant said he had had a conversation with the Fire Chief and he seemed to have a little problem with Mr. Wagener at the Airport. He would like us to follow some firm policy for either him or the building department to enforce these codes, ordinances or licenses. Commissioner Marant said he believed the City of Dania should take a stand as to when City licenses or permits are issued, that the codes of the City be adhered to. Commissioner Houston said he believed these problems could be worked out with the Broward County Board of County Commissioners through the office of the Dania City Manager. The City of Dania is currently operating under the Hollywood Building Code. Fire Chief Lassiter appeared before .the Commission at this time to confirm the City of Dania was operating under the Hollywood Building Code and requested he be informed of the Ordinance cover- ing this code. At this time Commissioner Thornton said he would like to make a motion, that is if the City did not 'have an Ordinance covering the building code, that same should be made and to instruct the City Attorney to draw such Ordinance adopting_.the_ Hollywood Building Code until -it is changed with the proposed condominium Ordinance, if it is to be changed. The City Attorney stated the city had had the Hollywood Building code as it existed six or seven years ago, which is; by and large, the Sout;i 'Florida Building Code. Commissioner Thornton requested his motion be amended to bring the Hollywood Building Code up to date in the City of Dania and to authorize the City Attorney to obtain sufficient number of copies to be reproduced. Commissioner Thornton was informed there were published supple- ments to the Hollywood Building Code. The Commissioners were informed by Building Inspector Walker that code books sell for about $6.00 or $7.00 each. The motion was not seconded. Commissioner Houston asked the Fire Chief if he wished to be released from abiding by the Hollywood Building Code with respect to the Hollywood-Fort Lauderdale International Airport properties. He then suggested that the Fire Chief, Building Inspector and Health Inspector get together and make a memorandum of any violations of the City's building code versus the Broward County Building Code, and that either a member of the City Commission or the City Manager take the matter up with the Broward County Director of Airports or the Broward County Board of County Commissioners . Trash • Commissioner Thornton requested information as to the disposal of trash in rock pits. City Manager Goldberg stated the Broward County officials had informed him that the county had incinerators and they didn't want any competing facility. Commissioner Thornton stated that people were dumping L' trash everyday into a rock pit on Griffin Road at the power plant; that if individuals dumped there, he could see no reason why the City of Dania could not dump there. Commissioner Thornton stated the city had the permission of the owner of the rock pit to dump trash. He stated he would like the City Manager to look into this matter. Svcial Assessments - Pirate's Cove = Cemetaries Commissioner Houston said e had as a or a report on special assess- ment for Pirate's Port, the other one was the insurance money for the Pier, and the $5,000.00 plus money that is in the General Fund for cemetary Perpetual Care Fund. Is there any change on it? City Manager Goldberg said yes that he had talked with the officials at the bank and they are sending me separate receipts for each of those so that the insurance money on the Pier, and the $5,000.00 on the cemetary, would be separate items. Travel —Z`ommissioner Houston brought to the attention of the Commission that in this month's bills, Boisy Waiters, $75.00 for expenses. Now, I inquired into it today and found that you had turned the check back. He said he wanted to know what authority the City Manager has to write a memo to the bookkeeper, that Comanis3ioner Waiters requests $75.00 for expenses regarding his attend- ance to the National League of City Conference held in Washington, D. C on April 7 through 9. This has been one of my big complaints, that these things are done without being brought',before the Commission for approval. I want to ask another question: the city manager this past week went some place and he was gone three or four days and I want to know who authorized that. Commis- sioner Waiters said he was one of the persons who had authorized it. Commis- sioner Houston said he wanted Commission approval for all expenditures. City Commission adjourned at 10:30 P. M.. Respec ully submitted c I". City CI'6r / -13- o - o is�s loner 5/o/b