Loading...
HomeMy WebLinkAbout31077 - MINUTES - City Commission .r t.: 77T17UTF1_ OF MEETING OF CITY COMMISSION, CITY OF DANIA, FLORIDA, FIELD ON APRIL 17, 1968, AS THE CONTINUATION OF REGULAR MEETING OF APRIL 15, 1968. The City Commission of the City of Dania met in the Commission Room at the Dania City Hall to continue a Regular Commission meeting of April 15, 1968. J6 ® Present were: Mayor-Commissioner Robert Kelly Commissioners Richard Marant Robert Houston 9:=m Joseph Thornton { Boisy N. Waiters (absent) City Attorney Clarke Walden ` ® City Manager Stanley Goldberg Chief of Police Donald Parton Building Inspector Hubert Walker P`r '• '' Mayor Kelly called the meeting to order and stated that this meeting 3® was for the purpose of continuing the meeting held on April 15, 1968. Y Mayor Kelly read a Proclamation, proclaiming May 11 1968 "Law Day U.S.A." The Mayor stated that this would be a good time to take the time out and recognize our Police Department and the men of the Police Department that uphold this law. Commissioner Houston asked about test well on the water situation. City Manager Goldberg stated that he had turned over to our City Engineer a result of a test that was taken out at the school board property, at the Stirling High School site. City Engineer, John Farina, indicated that it was a satisfactory site. City Manager also stated that if the results of the test are satisfactory that the City Engineer has been instructed to give the City an idea of the cost that would be involved. Commissioner Houston asked if the School Board has agreed to allow us to use the site. Commissioner Marant stated that we didn't have to worry at the present time because we were hooking up to Hollywood anyway, and that, basically, ® we still had to find out how much money we have to spend to do this. Commissioner Houston stated that we would have to get the money as it is a must to the City, and thought some negotiations should be made regard- ing it. City Manager Goldberg told Commissioner Houston that negotiations were being conducted and we were waiting for a formal action of the School Board regarding it. He stated that the people he had spoken to at the School Board saw no reason why we would not be able to put this well out there. We would have to give them information as to the amount of area that we would want and that again falls into the hands of the engineer as to how much we would need, as they want to know specifically how much we want. Engineer John Farina stated that we wanted as much area as we can -get in a long strip. Mr. Farina stated that he had „i spoken to George Taylor of the School Board w.;o informed him that they were in the process of bringing a survey up to date showing the new buildings out there and showing their proposed buildings over the next few years, and when that planning was prepared and put down on paper ' we could go over it and he would show Mr. Farina what area would be available. Commissioner Houston suggested that we make a request of ten feet wide the entire length running north and south of that property there, because we are going to need other wells in the future. Engineer Farina stated that if this was going to be the permanent well field location then we ought to get as much ground as we could get to put four or five or even ten wells on it. Commissioner Houston brought up the -sttar of the Perpetual Care Fund. He said the last time he brought it up he was told that there was $50,000 invested in a time deposit and the Perpetual Care money was in that. He stated that this was not the way it should be done, be- cause the General Fund would get the benefit of the interest on it. He stated that the balance of Perpetual Care Fund should be invested '. in bonds, and all benefits should be derived by the Perpetual Care Funds, same as the rules call for. Y' s . Mayor. Kelly stated that the way he understood it, and after seeing some of the bonds that were bought that were drawing 2 and 2'% interest, it seems that this is a bookkeeping procedure and that although it hasntt been done before, that the bookkeeper is setting this up and we are drawing better than 5% on this $50,000 and a portion of this Perpetual ® Care Fund will be put into an account and will receive the 5% portion of the Perpetual Care fund. The Mayor stated that he felt that this was a more practical way of doing it. Commissioner Houston stated that he thought when the cemetery was incorporated under certain conditions with the state and I don't think ® that it covers it. Attorney Walden stated that the Perpetual Care Fund is not a part of the General. Fund and it should be segregated. Walden stated that he thought the Perpetual Care Fund was limited to savings accounts or being insured by government bonds. City Manager Goldberg stated that they were segregated as to accounts, but the Perpetual Care Fund has always been and still is kept as a separate fund on our books,& all the monies shown under the Perpetual Care Fund. The monies are deposited as they come in, into the General Fund at the Bank and are reinvested from the bank into either bonds ® or treasury notes. Commissioner Houston stated that in the Articles of Incorporation under Cemetery Bonds you will find that there are certain ways that this money can be invested, and it's not in savings accounts or in time deposits. He stated he would like a report as to what has been ® done about this at the next meeting. City Manager stated that he could give Commissioner Houston a report at this meeting. Mr. Goldberg explained that he has discussed this matter with the State Auditors and they said investing this money into Treasury Notes is within the provisions of the Perpetual Care ® Fund as long as we keep the account separate. City Attorney Walden stated that if you have surplus General Funds you would never invest them in anything but short term because you may want the money, but the cemetery we would have no immediate need for and we could possibly look into a long term bond, and the longer the term the more yield. City Manager Goldberg agreed with the City Attorney, and stated that this has been discussed before regarding reinvesting other bonds that are in this account in long term issues that will draw a greater ® interest rate than some of the present ones are drawing, such as 2 1/4% and see if we could get them all up to the recent investments which have all been 5 1/4% or better and if we can get better on a long term loan then this is what we are going to do. Commissioner Houston brought up the Water Fund regarding paying the Water ® Department the money that is due from this year's Budget and that he was told that it would be negotiated at the end of the year. He stated that in checking back last year, he couldn't find where the General Fund paid the Water Fund any money. Commissioner Houston would like to see these funds transferred. Commissioner Houston suggested that the City Manager find out why the sales haven't increased. Commissioner Houston inquired about the new increase on state tax on our leases . It was determined that the City Attorney and City Manager would look into what procedure had to be taken and would take care of it. • _ 2 `:O kry�" i 1 Commissioner Houston brought up the fact that the Tic Tac Toe and Show Club does not have a liquor license. City Manager Goldberg stated that some time back the City Commission voted against issuing them a license, and the $750.00 for the license ® was paid to either the county or the state. City Attorney stated that it went to the State. It was determined that even if the city does not issue a license, they can still continue to operate. City Attorney Walden recommended that the city approve their license because if we don't we just lose the $750.00. Mayor Kelly stated that the main reason it was disapproved was to put the burden on the State. It was stated ® in the past that when the City issued a license, they would take the license and go to the State and say, 110. K. , we have a city license, now give us a State license" . City Attorney Walden stated that he thought the money could be re-couped from the State, Commissioner Houston made a Motion that the City Attorney and City Manager do what is necessary to re-coup the $1500.00 from the State. Commissioner Thornton seconded ® the Motion. Conversation passed as to the new Ordinance regarding two extra hours for these clubs to be open, and other clubs in the city to remain open. All clubs have the privilege to stay open unless they are charged with offenses such as B Girl operations or an obscene show, or some other ® similar type charge, then we have the right to revoke the extra hours license. Mayor Kelly stated that the motion regarding the $1500.00 to be re-couped from the State has been made and seconded. Commissioners voted as follows: ® Houston yes Marant yes Thornton yes Kelly yes Commissioner Houston stated that the ball field across the track was in .0 terrible condition and that there were piles of clay around the infield. Commissioner Marant explained that he was advised that the condition did exist the day before and that he went over to see Mr. Dickerson and was advised that Mr. Zenobia was going to take his grader over there and grade the clay out, but that Mr. Zenobia's grader had broken down. Commissioner Marant was also advised that if Mr. Zenobia's machine ® could not do the job, Mr. Petrozella would call Hardrives to get a grader over there. Commissioner Marant stated that there were other complaints about the Westside Park not being properly supervised. Some- one from the audience stood up and said that the City will never get anyone with a degree that will be permanent, because after they get the • experience, they will move on to another job to make more money than the City pays . He stated that the City shouldn't be so intent on get- ting a man with a degree, but to look for someone with good experience in this field. Commissioner Marant stated that a resident has the right to suggest anyone for the job and would appreciate any assistance in this line, as he is Chairman of Recreation, but invites any help from people who are more aware of who would be qualified in this particular • instance. Commissioner Marant will be very happy to interview anyone that was suggested. Commissioner Marant stated that the Chief of Police would like to sell the motorcycle and put it out for bid. The Police Chief stated that the motorcycle is falling apart now and he would like to know how to ® go about getting rid of it. He stated that it was worth about $350.00. commissioner Houston made a Motion that the motorcycle be sold and that a legal ad be run for a couple of days, and if we can't sell it, then call some dealers. 3 - SEEM Commissioners voted as follows: Houston yes Marant yes Thornton yes Kelly yes Commissioner Marant presented a letter he received from a member of the Board of Directors of the Broward League of Municipalities stating that it has been unanimously recommended that we ask the State Legislature in our district to introduce a bill that will give local municipalities the authority to control liquor license violations as the state does . This would give municipalities the same ppwers as the state to revoke their license if they are not conducting their business properly. Commissioner Marant stated that he was asked by the state auditors to ask the Commission under what Ordinance did the City have the right to exempt free water to the local churches. Commissioner Houston stated that at one time people could not afford to pay $65.00 for a meter so they were charged a minimum charge, but today I think they could afford to buy meters and are probably using more than the minimum amount of water; for many years it was conditional. Commissioner Marant stated that we should set some policy on this because we can't make concessions for some and not others . City Attorney Walden stated that we have no official Ordinance exempting churches or religious groups, but thinks that a policy should be set. Commissioner Thornton asked the City Manager if he knew how many un- metered accounts we had now. The City Manager stated that last year there were 60 unmetered accounts, but it is down to about 30 now. Commissioner Thornton made a motion to get meters installed where there aren't any, and that none will be exempt from charges, including churches. Commissioner Marant seconded the Motion. Commissioners voted as follows: Houston yes Marant yes Thornton yes Kelly yes Commissioner Marant stated that Mr. Carney has requested the permission of the City Manager and City Commission for new "as-builts" by Philpott, Ross & Saarinen, due to the fact that the set in City Hall is just about unreadable and unuseable. Mr. Carney stated that according to Mr. Saarinen, it would be a good idea to have a sepia made also, and then we could make as many prints as we wanted in the future. Mr. Carney stated that it would cost about $251.00. After some discussion, it was decided that Mr. Carney could go ahead and purchase a sepia and copies of said "as-builts" . Commissioner Marant stated that he received a call from Dr. Atkinson, who informed him that due to various reasons and causes, which were exemplified at a Commission meeting, that the new proposed Dania school be phased out completely from the School Board Plans. Mayor Kelly stated the possibility of amending the Motion to make it into two separate Motions, one to relieve the right-of-way and the other one to request the extension of the right-of-way on llth Street by Olsen School, with the stipulation that if this property is not used for a school that this street revert back to the city. Commissioner Houston also stated that he would like to amend the Motion also, rather than lose the school. Commissioner Houston made a Motion to relieve the right-of-way the School Board has requested, with the stipulation that if this property is not used for a school that this right-of-way revert back to the 4 - Uz W City. Conunissioner Marant seconded the Motion. Commissioners voted as follows: Houston yes Marant yes ® Thornton yes Kelly yes City Attorney stated that he was contacted again by James Kerr, Attorney for the Derektor Company, and that Mr. Kerr made this last proposition to give 25 feet to the City, Mr. Kerr feels that 50 feet is a lot to ® give, City Attorney said it might be well to consider getting a deed for the North 25 feet and then getting d firm agreement that the next 25 feet will be a set back. Commissioner Houston stated that we ask everybody else for 50 feet and does not see why we should change it here. No further action was taken. ® City Attorney Walden stated that since the meetings were being adjourned at eleven o'clock he has not had the time to read the Ordinances which he is preparing and is beginning to get very back logged. He has re- quested, since the volume of business has increased so much, if we couldn't either start the meetings earlier or have more of them. Com- missioner Houston stated that he would like to see a meeting every Monday 0 night until things get caught up. Mayor Kelly also felt that more meet- ings would be better than starting them earlier. Commissioners Houston made a Motion that we have a Regular Meeting for the next two months, every week, on Monday night at 8:00 o'clock, and that the weekly meetings start the first Monday in May. Commissioner Thornton seconded the Motion. The Commission voted as follows: Houston yes Marant yes Thornton yes Kelly yes City Attorney Walden asked to set up a joint meeting with the Planning and Zoning Board and the Commission to discuss this Apartment Ordinance. Mayor Kelly said that was a good idea and to do it as soon as possible. City Attorney Walden asked that we appoint an Acting City Clerk as soon as possible because if the Recall prodeeding commence again the Charter sets out that part of the proceedings are handled by the City Clerk, so it is important to name someone as Acting City Clerk and that we ought to be prepared to do that at the next Commission meeting. Commissioner Houston asked what was being done about getting a City Clerk. Mayor Kelly stated that applications have been taken, and they are in the possession of the City Manager. Commissioner Houston stated that he would like to see the applications when they come in. City Attorney Walden stated the next item on the Agenda was, Sessa Estates. Mr. Walden said that he thought that it would be proper to approve the subdivision on Sessa Estates No. 2 and then consider separately the m matter of the Public hearing, scheduled May 6th, on the hearing for objections on the assessment and on the advertising for the opening of bids , But Monday night it was decided to defer that and now we have tho problem of a publication deadline to meet. Mr. Walden stated that it was his understanding with Mr. Signore, who is the subdivider over there, that Mr. Signore will install the water line and the sidewalks ® at his own expense and will put up a Bond; and that the cost of the alley south of this new subdivision, plus the cost of the alley to the north of the old Sessa Estates No. 1, plus the cost of sewer line that will run along an alley to the south side, plus the cost of paving a street that runs north and south on the east side of 3rd Avenue, will all be done by special assessment. Plans were presented and the Com- missioners discussed and viewed same very carefully. 5 - ``♦YYrT' K . F_ N' t'„- 0 Commissioner Houston made a Motion that the plat of Sessa Estate No. 2 be approved on third and final reading, with a Stipulation that a Bond ' be put up. Commissioner Thornton seconded the Motion. The Commission voted as follows: Houston yes Marant yes Thornton yes Kelly yes �F. Commissioner Houston stated that it has always been a policy in the city, > a that in all contracts let in the City, be included that all excess fill tr be disposed of in the city under the instruction of the City Manager. Commissioner Houston stated that he would like to see this excess used in the City, and that we need plenty of fill at West Side Park and other places. Commissioner Houston stated that it should be inserted in all contracts. City Engineer John Farina stated that it was included ® in all Bid Contracts. Motion was made by Commissioner Houston that a Resolution be passed to include the provision in all Bid Contracts that all excess fill be disposed of in the City of Dania under the direction of the City Manager. • Commissioner Thornton seconded the Motion. The Commission voted as follows: Houston yes Marant yes Thornton yes • Kelly yes Commissioner Houston stated that he would like the City Manager to get a list of all sewer and paving contractors & send a notice of this job to all of them. City Manager Goldberg stated that in regards to the garbage collection policies, there have been several meetings in an attempt to treat all similar properties alike. City Manager stated that he found that over the years some business establishments have been using private collectors. However, some businesses are receiving service from the City. City Manager is requesting that some policy be set either along the line that all those requiring more than four garbage cans a week are not to be serviced by the City or that those establishments that deal with food or liquor not be serviced by the city. Most of these businesses are not served by the city, but there are some that are. City Manager stated that this inequity should be eliminated. Commissioner Houston stated that this was a very controversial matter and would like it. to be tabled until the next regular meeting, so that people can be here that will be affected by any change you might have. Commissioner Houston requested that it be put on the Agenda for the next meeting or the one after and bring it out into the open. City Manager asked what it is that he wanted to present at the next meeting. Commissioner Houston stated he did care what was presented and personally felt there was no reason for it to come up at all. City Manager stated he did not know how to determine who should be picked up and who should not. Commissioner Houston said he did not wish to get into that. Commissioner Marant stated that this matter was brought up because the State Auditors wanted to know why we have an Ordinance on the books. 6 4 e'i hY` Commission Houston stated that the State Auditors should take some of these things for granted after it has been a policy for ten or twenty years in the city. Commissioner Marant stated that they did not want to take it for granted, as they feel it is an injustice to taxpayers, as there were some people who were trying to follow laws and regulations while others were getting away with breaking the law. Commissioner Houston stated that he was for keeping it the way it is, and that we have been getting along fine the way it is. Commissioner Marant stated thbt we are being taken by going along this way, and that according to an Ordinance, you are allowed two cans a week at twice a week. For each additional can, you pay $1.50, as it is written. Commissioner Marant stated if these laws are written, they should be enforced. Commissioner Houston stated that the working arrangement has been satis- factory as far as he knew, and does not see any reason to disturb the present arrangement. Mayor Kelly said that he thought that the reason this problem was brought up is that there are restaurants or places that have a large amount of garbage and the city has picked it up for one, and another person had to get his own commercial carrier. He stated that his personal opinion was that the City should% into: garbage business and that we should treat everybody alike and if a person is entitled to two cans twice a week, that is fine, but, if he has six, eight or ten cans, he did not think that the City should pick it up, He stated that our Public Works A Department has tried to work these things out, but our policy does not spell it out. Commissioner Houston stated that he had to leave. t City Manager stated that people call and say that the City picks up, ® and names, several other businesses and why doesn't the city pick them up. City Manager stated that he does not have an answer for these people. Commissioner Houston stated that this matter was brought up once before < and he asked the City Attorney to talk to these people and tell them that they were imposing on us with too much extra garbage. Mayor Kelly asked what was in line, and what answer can you give, and that he felt this was something we very definitely needed to have a policy on City Manager stated that they no longer had a quorum and suggested that the meeting be adjourned. Mayor Kelly requested that this matter be put on the next Agenda, and at that time have a policy set on the matter. Mayor Kelly stated that the State Auditors handed him a list of things they would like to have, such as the Ordinance on Garbage collection, the Ordinance on Water Charges and exemptions, and on the Water meter installation charges and also the Agreement with the Dania Volunteer Fire Department, City Attorney stated that he will call former City Clerk-Auditor, Mrs . Thornhill and ask her where we might find the index of Ordinances. He felt this would make it easier to find these particular Ordinances . Mayor Kelly stated that since there was no further business to discuss that the meeting be adjourned. y / i� 511e � ayor- o sione 7 -