HomeMy WebLinkAbout1968-04-02 Regular City Commission Meeting Minutes l,t
MINUTES OF COI✓:I%IISSION MEETING OF CITY COMMISSION, CITY OF DANIA, FLORIDA,
FIELD ON APRIL 2, 1968 , AS THE CONTINUATION OF REGULAR COMMISSION MEETING
OF APRIL 1, 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 1, 1968.
Present were: Mayor-Commissioner Robert Kelly
Commissioners Richard Marant
Robert Houston
Joseph Thornton (absent)
Boisy N. Waiters
City Attorney Clarke Walden
City Manager Stanley Goldberg
Chief of Police Donald Parton
Building Inspector Hubert Walker (absent)
Mayor Kelly called the meeting to order and stated that this meeting
was for the purpose of continuing the meeting held April 11 1968.
Mayor Kelly requested the City Manager to continue on with his report
which he had started at the April 1, 1968 meeting.
Mr. Goldberg presented a letter from County Commissioner R. B. Barkelew,
outlining a program for the acquisition of a right-of-way through the
cities of Hallandale, Hollywood, and Dania. The letter sets out the
following:
1. The State Road Board to advance up to One Million Dollars
to Broward County for the purchase of right-of-way.
2. Broward County to pledge Secondary Gas Tax Funds to repay
the State Road Board over a three to five year period.
3. Cities to pledge, by appropriate Resolutions, funds to pay
Broward County their proportionate share of the net .ccLst
of the right-of-way. These funds to be paid to Broward County
at the same time as Broward County's payment to State Road
Board is due.
Each city's portion to be equal to the net cost of the right-of-way
acquired within their municipal limits, such cost to include all
costs of appraisals, condemnation suits, damages for the taking,
and any damages to the remainder, but credited with any Federal Urban
Funds allowed toward such costs.
Once this project is programed for the Urban Roads System, all further
negotiations for the purchase of right-of-way would be handled by the
State Road Department.
This project is scheduled for construction in the 1968-69 State Road Dept.
Program, and could be let out to contract early in 1969 if the right-
of-way can be obtained.
City Manager read a Resolution authorizing the pertinent officials of the
City of Dania to enter into an Agreement to reimburse Broward County over
a three year period for the net cost of right-of-way to be obtained for
the widening of U. S. #1, through the City of Dania.
Commissioner Houston asked Mr. Walden if he felt that the letter from the
county corresponded with the Resolution that the City Manager read, insofar
as terms were concerned. Mayor Kelly referred Commissioner Houston to
item number 113" of the letter from the county and explained that this meant
that the State is actually loaning the County money and the County is then
loaning the City money. The Federal government will pay 40% of the
right-of-way if it is approved under the Urban Road Program. City Manager
stated that according to the estimated figures of County Commissioner Barkelew
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the City of DaniaTs portion would be $130,000, of which the federal
government will pay 40%, leaving an estimated cost to the city of about
$78,000, over a three year period.
Mr. Walden stated that it was illegal for a Commission to bind a future
B� Commission to an Agreement of this type and that a future Commission
would not have to honor this Agreement if it did not wish to. Mr. Walden
further stated that he thought that this Resolution was actually nothing
more than a pledge of good faith.
Commissioner Houston stated that with this knowledge he was in favor of
® passing the Resolution.
Commissioner Marant made a Motion to pass 'the Resolution with the
only change to be that the City reimburse the County over a three to
five year period, rather than a three year period. Commissioner Waiters
seconded the Motion. Roll being called the Commissioners voted as follows:
Houston yes
Marant yes
Waiters yes
Kelly yes
® Mr. Goldberg read a letter that he had received from the Dania Bank
regarding City of Dania Sewer Revenue Bonds-Trusteeship, as follows:
"Gentlemen:
We are enclosing monthly accountings on the following sub-accounts
® of the above Trusteeship: (34A thru 34H)
We call your attention to the fact that while our monthly trust accountings
usually have the cut-off date as of the end of the month, we thought that in
this particular instance it w uld be more helpful to the City if we took the
accountings through the business of Monday, April 1, 1968 in view of the fact
that some important transactions were actually consummated on the books of
the Trusteeship as of April 1, 1968. The two items to which we have reference
are as follows:
Disbursement of $6,027.52 and $6,843.43 from principal cash of
the Special Construction Fund, 34-H.
The item of $6,027.52 can readily be found in the work of
;O April 1, 1968 as shown of the principal cash sheet of the
Sewer Revenue Fund, 34-A. The second item of $6,843.43 was
immediately deposited in the checking account #0-010696 under the
name, "City of Dania Sewer Operations and Maintenance Fund".
To facilitate your records on this matter, we are enclosing a
xerox of the April 1, 1968 deposit ticket.
We also would like to point out that in the work of April 1, 1968, you will
find disbursement of $13,670 from the principal cash of the Special Assess-
ment Fund, 34-F and you will find this identical sum being deposited in
the principal cash of the Sinking Fund, 34-C. The statement of the Special
Tax Revenue Fund, 34-G shows a zero balance as of April 1, 1968 but we
call your attention to the entries of March 4, 1968 whereby the City made a
deposit of various utilities taxes and cigarettes taxes into the Special
Tax Revenue Fund, 34-G and then you will see an immediate disbursement from
this fund in the same amount and on the same date to the City of Dania."
Commissioner Houston asked if the checks for $6,027.52 and $6,843.43 was
for the last extension work that was done or if the City still owed for
that. Mr. Carney, Sewer Superintendent, stated that we had not yet received
a bill for the last work done as it was still not quite completed. Commissioner
Houston stated that the reason he asked was because he knew the Sessa sewer
extension still had to be done and wondered if there would be enough money
left. Discussion regarding this concluded that there would be.
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* Mr. Walden stated that a Resolution had been passed to transfer the
balance of the Construction Fund into the Renewal and Replacement
Fund but it seems that the bank has hot changed its position and does
not want to do this. He further stated that he did not really think
F it would make much difference which account it was left in.
Mr. Goldberg suggested that Mr. Walden arrange for a meeting for the
a:r bank officials to meet with the City Attorney, City Manager and Commissioners
of the Utilities Committee and Finance Committee, along with Harvey Hennan,
., of Barcus , Kindred and Company, so that a proper decision could be reached.
With reference to the $19,108, which the City received under P. L. 660.
Mr. Goldberg stated that it should be put into the Renewal and Replacement
_+ Account until a meeting could be arranged with the aforementioned parties,
Mr. Walden suggested that Mr. Goldberg' talk with members of the Dania Bank
to put it somewhere where it will� gain interest.
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City Manager then stated that a meeting should be arranged with the
` Utilities Committee, Finance Committee, City Attorney and Bonding
Company with regard to settling the outstanding bills in the amount
of approximately $10,000. City Attorney Walden stated that he has tried
to arrange a meeting with Mr. Boyd , attorney for the bonding company
and that once he had to cancel the meeting and that once Mr. Boyd had
to cancel the meeting, so no conclusions have yet been reached. He stated
0 that although they have not refused to
ignore it. PeY this amount, they simply
City Manager brought up the subject of the School Board assessments,
and the fact that a Public Hearing would be held on April 15, 1968
for the vacation of a street right-of-way and would like to have the
matter cleared up as to what they owe, if anything. Commissioner
Houston stated that it was not a matter of assessments alone, but there
is the question of a 24 foot right-of-way along side of Olson Jr. High
and 350 feet long. Mr. Carney stated that the School,Board deeded over
the 24 foot right-of-way from the corner of S. E. 2nd Avenue back
approximately 400 feet which goes hack to the sidewalk and includes the
asphalted parking area, and that said Deed has been recorded. After
some discussion regarding this matter, Mr. Goldberg read a letter from
Engineer John Farina which stated the following:
"Dear Mr. Goldberg: Re: Olsen Jr. High-Sewer Assessment
This is written as the Writer's interpretation of a meeting between
0 Mr. George Taylor, of the Broward County Board of Public Instruction,
ttr. Lester Culverson, City Manager of Dania (at the time of the meeting)
and the Writer, relative to subject job:
It was verbally agreed:
0 1. The School Board would dedicate to the City of Dania a strip of
land between the fractional line (centerline of S. E. llth Terrace)
and the existing sidewalk on the north side of the school property
(about 24 feet wide) for a distance of 350 feet, measured from the
east line of S. E. 2nd Avenue, eastward.
0 2. In return for the above (Item 1) the Board would never be
assessed for any sewer lines beyond the 350 foot long right-of-way,
(on S. E. llth Terrace).
3. The City of Dania would construct approximately 375 feet of
8-inch gravity sewer line on S. E. llth Terrace (as measured from
0 the centerline of 2nd Ave. ) terminating in a manhole with an 8-inch
service stub to school property from the terminal manhole.
4. The School Board would pay the assessment for the sewer lines on
S. E. 2nd Avenue and S. E. llth Terrace (for a distance within the
350 foot dedication) as computed in accordance with similar properties
0 within the City.
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The above items were considered and complied with by this office in the
preparation of the Assessment Roll. We do not know why the sewer was
extended to the end of the paving on S. E. llth Terrace. At the time
die Change Order was approved for the sewer extension, the Writer
called this point to the attention of the then City Manager. No
P Y g
action was ever taken to my knowledge to stop the installation of the
extra line. "
Hr. Goldberg stated that this extra line was authorized by Change Order
a.a
;z dated May 26, 1965.
?` Commissioner Houston stated that he checked out the assessments and that
"•'` he is satisfied that they are all paid, but feel that the line, described
'Y in Change Order of May 26, 1965 was extended much further than necessary.
The line was extended 600 feet and it should have been 350 feet. City
a4 Engineer stated that it wasn't even in the city right-of-way. It was
concluded that although the Change Order of May 26, 1965, signed by
Frank Salvino, as Mayor, and Philpott, Ross & Saarinen, as Engineers,
was for 660 feet, the School Board's Agreement was for a sewer extension
of 350 feet, which assessment charge has been paid in full.
Mr. Goldberg brought up the fact that there were several revisions to
the Assessment Roll that were not formally approved by Commission action.
A These revisions were submitted by Engineer John Farina and were discussed
by the previous Utilities Committee. In a letter from our auditors,
Lindfors, Waite and Company, they have requested that the revisions be
approved by the Commission. Mr. Goldberg stated that he brought this
matter up at a Commission meeting of February 51 1968, and it was tabled
.A at that time and has not been brought up since. Commissioner Houston
stated that the recommendation came from the Utilities Committee of last
year and not the present Utilities Committee, therefore, he would like
an opportunity to check each of the revisions before any action is taken.
Commissioner Houston requested that William Carney be permitted to go with
him to check each individual revision.
Mr. Goldberg stated that there will be a National League of Cities Conference
to be held in Washington, April 7 - 9, if anyone was interested in attend-
ing and that there will be a City Manager's Conference in Cocoa Beach,
Florida from April 28 through May 1st.
Commissioner Marant brought up a matter given to him by the Building
Inspector regarding a gentleman who applied for a permit to build a
warehouse at Lot 13, Block 3, Town of Modello and he wants a decision.
This matter was tabled at a previous meeting because the plans did not
show toilet facilities. Commissioner Waiters stated that he would like
to make a Motion to deny this, but Mr. Walden stated that under present
;fining, the man could sue the city if he were denied. Commissioner Marant
made a Motion to table the request, Commissioner Houston seconded the
Motion. Roll being called, the vote went as follows:
Houston yes
Marant yes
Waiters yes
Kelly yes
Commissioner Marant stated that Mr. Walker asked that another item be
brought up regarding swales. Mr. Walden stated that he planned to
circulate a copy of a proposed Ordinance to the Commission sometime
during the week. Commissioner Houston stated that the fact that we have
40 foot streets in the city on both the east side and the west, and that
should be considered. Mayor Kelly requested that Mr. Walden furnish
a copy of the Ordinance to the City Engineer when it is ready.
Mayor Kelly stated that something should be done about getting a Condominium
Ordinance prepared. After some discussion it was decided that the City
Manager and City Attorney would get together on drawing up a satisfactory
Ordinance.
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® Commissioner Houston mentioned that three parking meters need to be
replaced at the beach, and that light bulbs in the bathrooms at the
beach needed to be replaced by larger ones.
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k Commissioner Houston asked if the money for the fishing pier fund had
been invested ng the City Manager told him that this was part of the
O general fund c ghat they were deposited to be invested.
Commissioner Marant stated that he would like to entertain a Motion to
allow the Police Chief to trade in the present motorcyle and purchase
a new one. He stated that the motorcyle is now in a very dangerous con-
dition. It was decided that prices would be sought and they would inquire
O into a county cooperative purchase system. Commissioner Marant withdrew
his Motion.
Commissioner Waiters requested the City Manager to look into the possibility
Of obtaining a Reciprocal Agreement on General Contractors licenses
between the Cities of Dania, Hollywood and the County.
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Commissioner Waiters also requested that something be done to get
some shacks torn down this summer. Mayor Kelly stated that the Building
Inspector has reported that two buildings were already in the process
of being torn down, one being the old Frost building and one building
owned by the School Board.
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Mr. Donald Armand Wells of 235 S. E. 6th Street, Dania, Florida, was
recognized, stating that he was giving Public Notice that it was his
intent to file a Temporary Injuction against the City of Dania on the
proposed water line in the area west of Stirling Road to Fleet Transport.
City Attorney Walden stated that if this was his intent that he must
® also name the contractor who has been awarded this
job in the suit.
Mr. William Carney, Superintendent of Sewers stated the amount budgeted
for "Repairs to Equipment" in the Sewer Department Budget has been
depleted and requests that $1,000 be transferred out of the General Fund
and put in the Sewer Department under "Repairs to Equipment" so that
® Peninsular Armiture can be
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e , one
in the amount of $498 and one inf the tamount pof w$436.thMr. rCarneydstated
that he has submitted these amounts to be reimbursed by the Bonding Company.
City Manager suggested that this money be transferred from the Construction
Fund, City Attorney agreedand stated that the City Engineer will have to
certify the request.
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Commissioner Waiters made a Motion to pass a Resolution to transfer $1,00o.00
from the Construction Fund for the authorizing of payment for Pump No. 1
and Pump No. 2. Commissioner Marant seconded the Motion. Roll being called,
the vote went as follows:
Houston yes
Marant yes
Waiters yes
Kelly yes
There being no further business to discuss Mayor Kelly adjourned the
meeting. ,
yor-Commission
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0 The City Commission of the City of Dania, Florida., m the Commission room at the City Hall.
s INVOCATION
PLEDGE OF ALLEGIANCE To THE FLAG
0 Mayor Kelly called the meeting to order and the Acting Clerk called
the roll as follows:
PRESENT: Commissioners Robert Houston, Richard l;arant,
Boisy N. Waiters, Mayor-Commissioner Robert Kelly,
Golder Stanley
ergj Police Attorney aChief Donald rke Ualden, CPartoit n Bldg,
Inspector Hubert'llalker.
ABSENT: Commissioner Joseph Thornton.
Commissioner Houston stated that Commissioner Thornton was having
® to vrork over 14 hours a day because his foreman was on Jury duty
and asked that he be excused from attending the meeting.
Commissioner ilarant made a motion that Commissioner Thornton be
excused; the motion was seconded by Commiss on roll call vote as follows: loner Walters and passed
® AYES: Commissioners Houston, Ilarant, 4laiters and
Nayor-Commissioner Kelly.
HAYES: None.
City Attorney Malden stated Itst�'pp 1 on the agenda of the approval of
® Minutes of Neetings held FIafoh 18, 1968 and April 1 and 2nd, 1968,
Commissioner tlarant made h motion that the illnutbs for Meetings of
March 18, 19780 and April 1 and 2, 1968 be ap}roved; the motion was
seconded by Commissioner llaiterb and passed on roll call vote as
follows:
AYES: Commissioners Houston, liarant, Waitere and
Ilaydr-Commissioner Kelly.
I,IAYES: Nome.
City Attorney Ilg en stated Ztet 2 on the agenda was Ap
Bills for the and hs dt FebrUary and Ilaroh, 19684 proval of
Commissioner Houston stated he could not approve the bills for March,
1968, since he had a couple of questions on some of them; that he had
heopped ouldbprefer the Btokseepthe bills fort butllar hnheld overluntilo one coud elPsuhim so
ch time
as he could go over them.
Commer
ton
Paid; sthenmotionswas seconded motion
by Commissioner February
19a8 bills be
roll call vote as follows: Passed on
AYES: Commissioners Waiters, narant, Houston, and
Mayor=Commissioner Kelly.
I'IAYES: None.
City Attorney 11alden stated that Item 3 was a Public Hearing to be
to held at 8: 30 P-II* so since it was not 8:30 as yet, they would go on
Item 4
City of Dania cadoptaa Local Housing Authori Request Of IlammOuth ty Resolution@ty to that the
Commissioner Ilarant advised that representatives from Ilammouth Realty
had requested time on the agenda; that some of them had gotten together
for lunch and discussed this; that basically the purpose of the meeting
was to give a hand to commissioner halters who has been working very
hard on trying to improve the housing on the west side.
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plrin ae,` a'! ..c havin- lunch L;!
sa._d he .could appreciate both of the Comm1&:,1_..:er.s
apolo,,,y. IIe then stated that at this time he mould also like to
apolrra ze to the two men who they talked to in respect to a newspapo:
article published in the Fort Lauderdale paper which said that
Commissioner Waiters had said they were trying to exploit the City;
that he hoped Boisy Waiters was misquoted but in any event the men
were present at the request of the City to try and give the City some
help, and he thought the Commissioners should hear anyone who might
be able to give them any assistonce, and ideas which might be useful:
IIr. David Howell of Ilammouth Realty and Iir. Paul Stutsman, an authors
tory on Planning appeared before the Commission.
Hr. Stutsman explained the purpose of the public housing program and
what they could do in the City of Dania, which they have done in
other cities. He said the program is called Turn Itey; that it is
by private contractors, who build public housing to be operated
by the community; that under this program a local housing authority
under the State Enabling Act enters into an agreement with the
developer, who builds these units, and after the units are built,
these units are then operated and managed by a Dania Housing
Authority who determine the eligibility of people to get the low
cost housing. He said these peopltr pay 23% of their income for the
housir and after a certain point they are not eligibleibr it.
IIe stated that ?.t was not competilive to any other program or plan
for inproved housing but it was competitive to slumb since in slums.
the very lowest of rents was substandard housing. He advised that
the Ilammouth Realty Company has retained his firm under the Turn Itey
program.
IIe explained the Turn Itey Program as follovrs: In a City such as
Dania, the first thing to do would be to create a housing authority.
under the Enabling Act on the books in Florida. Then the City must
have a workable program ready, then it must be organized and approved
by the Federal Government. At that time a study must be made of
the City to determine its needs and at that time if this housing
authority finds that 150 units are needed they prepare an application
and come back to the City Commission for approval to submit a request
to the federal govex-pent for authority and money to build these
units. All of this/dine without any cost to the City. Ordinarily
the City would have to prepare the application but in this instance
the Iiammouth Realty had retained his firm to do this for them.
-rA this instance no monies are involved to the City. When these
units are acquired there is no repayment by the City. The debts on
the bond issue are paid by the federal government, who in turn
collect at the lour cost of rentals of %)31 or 732o a month.
Commissioner Iiarant said that Boisy Waiters has been heading up a
project for the west side housing and had in mind something that
the whole City could be proud of; that Commissioner Waiters might
h, oe gotten the impression that this project would be in competition
with thQ plans now in progress but he was of the opinion that there
was 1:'.enty of l.-.ad for two housing projects, and he didn-_t know
about cos'a of land or land values and so forth, nor did he knevr
*.)'gat the desires of the City Commission would be, but he thought
the t-.- programs could be complimentary to each other and not be
compatiLIve. He said he didn't know too much about this type of
thinZ bat he knew Commissioner Waiters had done a lot of work on
'L'-. .s. Commissioner Iiarant then suggested that the Ilayor appoint a
Co:lnmt.t:tee to get together with the Planner and and work out some-
th9.ng for a recommendation to the Commission at a later date; that
this could resolve the problem and they could get started on what-
ever steps which might be necessary for this program.
O Commissioner Waiters said the only thing he was conceded about was
the term "rental"; that he had in mind for the people to buy their
places, but he was desirous of finding out about any housing program.
Commissioner Houston saaid he would like to inject something in
regard to this whole thing. He discussed the idea of getting
together with the planner and a Committee and going over the zoning
'�- and planning of the entire City regarding storm sewers, sewers,
low cost housing, apartments, and whatever other needs which may be
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eiitixu ::oject. This wc.s aC-1..veab;c
Commissioners, however, IIayor Kelly pointed our
housing didn't really involve the City as far a s money was concerned,
I•iayor Kelly appointed Commissioner I•laiters, Ilarant, and Houston to
act as a Committee on this housing project to explore it and report
back to the Commission at a future date.
Commissioner Houston said he would still like to see a Master Plan
worked out; that he had been to Hallandale and knew they were working
on just such a plan. IIr. Stutsman said his firm had been invited by
the City of Hallandale to do this; that the federal government was
paying 2/3 of the cost and Hallandale was paying 1/3; that in this
housing project the firm had been retained by the Ilammouth Realty
Company to work on the Turn ILey housing project, therefore, the devel-
oper would be paying the costs and not the City. Commissioner Houston
® said he didn't care about the developer, that waht he had in mind was
to update the zoning, which was drastically needed.
Mayor Kelly asked Commissionertlaiters to head the Committee as named
and try to work out something feasible to present to the Commission:
City Attorney Malden stated Item 3 on the agenda was Public Hearing
® for the purpose of considering the request of the Broward County
Board of Public Instruction to vacate and abandon a certain right-of-
way adjacent to the Dania Elementary School
-An attorneyrepresented the School Board. He said that he believed
the notice was published in the newspaper in accordance with the
0 Charterof the City of Dania and the proper time had elapsed.
I•Iayor Kelly asked if there were any objections to the request of the
School Board for the City to vacate S.E. 3rd Street lying in the
School Board property. He said his only question he had was when
they got into this matter they had discovered that the School Board
® had not given the City a right-of-way for the full length of Olsen
Junior High School property.
IIr. Carney asked if the right-of-way wasn't on the plot map presented
to the City Commission. I•Iayor Kelly said if he was referring to the
one presented at the last meeting, the answer was no.
i Commissioner Houston said he had a report, which he had not brought
with him, but which he could relate from memory, vrhioh had been turned
over to him; that according to the so-called agreement, the School
Board was supposed to dedicate a 25 foot right-of-way to the City
to run approximatoly 350 feet. He said he had not been able to get
• a hold of the original plans of Olsen Junior School, but if his
memory served him right, the dedication was based on those plans,
and the thought ofthe Commission is that the School was dedicating
501'5 of the right-of-way which would be 25 feet from the center line=
that the whole point of this is why should the Commission have to ask
for a dedicated right-of-way for the entire length of School Board
property when it was obvious that they would have to put a street in
d there, but none of the City's records showed any deeds for the right-
of-way. iir. Taylor said he didn't know anything about this.
Dr. Atkinson said the School Board had bought 20 acres and the
dedication was put in for sewer purposes at the request of the City;
that a copy of the deed was apparently somewhere in the City records
but he would see that another copy of the deed was furnished to the
City. On a question from I•Iayor Kelly regarding the dedication,
Dr. Atkinson said the dedication was in accordance with the request
of the City of Dania so he was sure it was what the City wanted.
Commissioner Houston made a motion that the City of Dania vacate
the area as requested by the School Board providing that they the
City receive a deed from the Broward County School Board for a right-
of way running from 2nd Avenue east the full entire length of their
property, 25 feet from the center line and that a resolution be
drawn up and submitted. Mayor Kelly passed the gavel and seconded the
motion.
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eveaj..:�; :.iat he could Lave to have some background c,:
to present; that he didn't know just what they were abuutc
Commi.^sioner Houston said Dr. Atkinson knew; that the City was askinC
for 25 feet dedication on the north side of the school; that it would
not create any hardship; that this would be used to put a street in
sometime] that there was a road running in there now and the City
would get it by right of domain and it was probably in the deed any-
way. The Attorney said he had no interest in the real estate involved
so he could neither concur nor disagree.
k.§k looL
MayorKelly advised him that what they were asking for was a 25 foot
right-of-way running the full length of the school Board propertyl
that it eras not relative to the agreement tith I•ire Taylor regarding
the sewer lines.City lianager Goldberg asked if if in reference to the vacating ofthe streets in the motion on the floor, would the ownership of thewater and sewer lines be spelled out in the Resolution; that if not
they would have to get an easement for the water and sewer lines.
Attorney Walden stated that he would draw .up a Resolution and submitit to the Commission, and in the meantime, he would try to furnishthe School Board with whatever data he had.
• 5`"" There being no further discussion the motion made and seconded passed
on roll call vote as follows:
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h' AYES: Commissioners Marant, Houston, Waiters, and ?
Mayor-Commissioner Kelly.
® NILYES: None,
-ri Commissioner flarant said he didnTt particularly agree with the way a
' the motion read but he would go along with it.
® City Attorney Malden stated Item 5 on agenda was recommendations of
Planning and Zoning Board; but he believed all the matters were
tabled for further study, but they would go over the itemst
on the request of Prank hiller to rezone property on SeW llth Street,
the motion shows that the request was tabled until Commissioner
N aiters could go over it. In Item 3 of Zoning Board agenda a request
0 for rezoning was tabled on the applicant's request. In Item 4, the
application for the seawall construction was tabled.
In Item 6 Charlie Blandig of 213 N.II. 4th Avenue made an application
to rezone an entire block, A motion carried that no warehousing wouiC
be built and the Lots 1 thru 25 would be rezoned
Commissioner 'Taiters said the plans for the Swartz application were
approved, and the City would receive a letter from the attorney
representing Iir. Swartz. City Attorney Walden said he had called
the fact that this property was zoned for warehouse construction
to the City Commission's attention, and he believed that the attorney
Mould file a suit against the City; that he thought the man had done
everything the ordinance requires and although the Zoning Board did
• not lean toward warehouses, it was his opinion that they had to give
the man a permit.
Commissioner Houston made a motion that the recommendation of the
Zoning Board and the City Attorney be accepted and a permit be
A issued for the warehouse construction; the motion was seconded by
Commissioner Iiarant and pased on roll call vote as follows:
AYES: Commissioners iiarant, Houston and
Hayor-Commissioner Kelly.
® NAYES: Commissioner llaiters.
City Attorney17alden stated Item 6 on the agenda was a Report from
the Utilities Committee.
Commissioner Houston stated that at the last meeting a list of
�- assessments had been turned over to him and after checking out these
assessments, he had two changes on the list, one being a olerioal
error, on the Hillyer property, where it said the revised assessment
was 11011 , it should be Revised Assessment is 005.00, and another
error was the entry for Otis E. Smith property where the original
assessment was ';p549.00 and apparently the owner had asked for a
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,
revised esseecm Qnt whtctr-had been Fiven_but occording to the footage
involved the assessment should be ,,,391.50 and not !A91.50 as is on
the books. He said it was his recolltunendation that 9391.50 be put
on the books since it was obvious that no where in the City was an
assessment that low, and even the short side of the property came
out to '. 391.50.
In a discussion that followed the location was determined and the
footage was also determined. +
Commissioner Houston made a motion that the two corrections be made
on the assessment rolls and that the Assessments for 1966 be approve•
the motion was seconded by Commissioner Waiters.
s«,s
+f Commissioner Houston then said the only other thing he would Ike to
bring up on this was that Tom Hillyerts place has no way of getting
in to service the sewer lines, but sire Ealy had. agreed to let Iire
Hillyer run across and out into the line; that he understood that
the minimum assessment charge is the same as the width of the lot
which is 50 feet and although IIre Hillyer would not have to run that:
far he eras willing to pay the 5>305.00, however, there should be some
agreement or something so that he can get started. He thought IIr.
Healy should give IIre Carney the go ahead on this.
There being no further discussion the motion made and seconded to
make corrections on the 1968 Assessment Rolls and approve same pass(-(]
on roll call vote as follows:
AYES: Commissioners Houston, Waiters, Ilarant and
Iiayor-Commissioner Kelly.
r
MAYES: None.
Commissioner Houston said he would liketo bring up one matter regard-
ing the Assessment Rolls. He said that when he was checking the
various items the only record the City has is for the Assessment
A Roll is an index and this is under names and not property; that there
is a service which comes in quite often to check the assessments
on properties for attorneys when there is going to be a property
transfer; that these tax books should reflect the assessments which
are outstanding against these properties and should be under the
property and not the name. He said he had talked to the State Audit
9 and was told that this Service had reported back to them that they
are not responsible for Dania' s assessments.
Iiayor Kelly said he agreed that some of the procedures around were
not the best and he also believed that the assessment roll should be
in a proper manner.
City Attorney Walden said the law does not require that a municipals:
• record in the public records in the Courthouse since when it is
properly dertified in City Hall it becomes a valid lien; that the
abstract companies have employed men to check tax matters and liens
and after checking the records he either reports no liens or what-
ever liens which may be outstanding and these liens are then put
on the abstract or the notation "No liens" if none are found. He
'i said he was surprised that Dania had not recorded outstanding liens:
He advised that first of all, these liens should be looked up and
recorded, then, the second thing would be to straighten out the
assessment rolls and tax records so that the abstract companies could
check the records by legal description and not by the property owner'
names. He said above all, and not meaning anything politically
• speaking, the first thing to do was to get a City Clerk or a Acting
City Clerk to get this underway.
City Vanager Goldberg advised Attorney :,Ialden that he had discussed
this matter with him, and in discussing the fact of whether or not
the assessments and liens should be recorded, had been told that
about half of the assessments would be paid off initially and it woul�
leave about half to be recorded; that Iir. Walden had also indicated
that he would be able to prepare a summary recording sheet indicating
assessments to be paid. City Attorney Iialden said he could make up
a summary sheet but it would take some time. Commissioner Houston
said he was of the opinion that the entries should be put in the tax
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books.
City I;anager Goldberg said he would have the records changed to
reflect the proper manner.
Commissioner Houston made a motion that all unpaid cemetery, sewer,
or any other assessments be placed on the tax records by legal
description and not by names; the motion was seconded by Commissioner
iiarant and passed on roll call vote as follows:
AYES: Commissioners Houston, Harant, Waiters, and
Iiayor-Commissioner Kelly.
MAYES: None.
Commissioner Houston said he had checked the tax records and had
found no case in the last few years of any delinquent *ater bills
being placed on the record; that according to the ordinance any
delinquent water bills will be placed against the property, and he
was sure there were some water bills delinquent. He said one more
thing in regard to the utilities was the assessment to Pirate's
ilorld for :,6,OOo.00 to be paid within a year. He said he eras in the
audience whey. there was trouble about sabatoging of sewers and that
eventually there was supposed to be an agreement with Pirate's ilorld.
Iiayor Kelly said this assessment was on the assessment roll.
City Attorney Ilalden said the City Ranager had asked him to search
the records to find out about this and Robinson did appear and
verbally agreed that the assessment would be paid but they should
have an agreement to that affect and the quotation appear on the
roll.
City Manager Goldberg said there was to have been an agreement drawn
and signed by Robinson, and if it hasn't been signed by him, the
money is still due. City Attorney Walden said he thought it was
accepted by declaration in an open meeting and that's binding and
after a year has gone by payment can be demanded.
Commissioner Houston then brought out that Pirate's World is operating
a service room with pin ball machines and games witl.out an occupation-
al license, and he had checked the bowling alley and they have no
occupationalli^•ense. Iie suggested that the Police Chief look into
this and check out the machines and see that a license was issued.
There was a discus;'.on of other places around the City without
occupational licenses. Police Chief Parton said he was under the
:Ulnression that it was the duty of the Fire Inspector but he would
assign a man to check this and report to the Building Inspector.
C11 -- Attorney Walden said it was not on the agenda but he thought
tha - 779re suppose.. to have the final re=ding on the ordinance re-
garaing the Snnitury Sevier Improvement on 3rd Avenue.
City Hanager Goldberg said he thought the final readiz,43 would be after
an a greement was made as to who was going to pv E; the sewer in and
pave ' ]. n •.nue' and although ". -ras agreed that the assessment of the
sevrer line.; and paving of that si:x•eet would be done by special
assessment, they ou'.d have to provide for a bond on the subsidiary
improvements.
There was a discussion of the matter and reference made to the
iiinutes of April let as to the advertising for bids for Ii,�y 6th.
Con7A ssioner Houston said the Sessa Subdivision could be approved
subject to a bond being put up for the improvements.
Iiayor Kelly said another aspect to this was that there was a real
drainage problem in that area and unless something was done about
that they were letting themselves for trouble.
City Attorney Walden suggested that they set a meeting for Wednesday,
(Aprill7th, 1968) and have Walker get th'.y plat plan andhave it
available at that time and get this matter settled.
City Attorney Walden stated he was asked by two of the Commissioners
to prepar,: some type of resolution to enable a committee to set
a policy for the use of the old bank building as a civic center.
He said the Recreational Committee mould consist of the five members
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of the City Commission and a_representative of bhe Chamber of
Commerce. He then presented a Resolution satting out the functions
of the Recreational Committee and the policy for the premises to
be used.
Commissioner Iiouston made a motion that the Resolution be adopted;
motion was seconded by Commissioner l•laiters and passed on roll
call vote as follows:
AYES: Commissioners Harant, Houston, Waiters, and
IIayo•r-Commissioner Kelly.
MAYES: !Tone.
City Attorney Malden said his next matter was regarding a full time
Prosecutor in City Court; that he had reviewed the file earlier and
found that a resolution had been adopted for a temporary prosecutor
but he had always been of the opinion that the Municipal Court of
the City did not need a full time prosecutor; that under the
'resolution adopted for a temporary prosecutor he had designated
Attorney Dubow for the purpose of being Assistant Prosecutor, but
if they wanted a full time Prosecutor they would have to pay for it
-C'l it ITes h .s opinion after analyzing the situation that they did
not need a full time prosecutor since most of the Job. was of a
clerical nature and a Clerk ffcD1 the Police Department could be
doing that at a lot less money. He said that Judge Black was coming
around to his way of thinking on that matter and he was strongly
recommending that as of May 1st this policy would be diseontinuedl
that the Judge could handle the situation and give quick, fast and
informal Justice as he had been doing. He stated that he had
prepared a Resolution to the effect that as of Ilay 1st9 1968, the
Judge would discontinue the night court, and secondly, that as of
flay 1st, 19689 it would be determined as a matter of policy lthat
a prosecutor in Municipal Court is not necessary by letter; that if
the services of a prosecutor were needed, a letter stating briefly
the nature of the case would be submitted to the City Commission and
they in turn would determine if the services of the City Attorney
were needed as Prosecutor and so advise.
Commissioner Houston made a motion that this Resolution be adopted;
the motion was seconded by Commissioner ilaiters and passed on roll
call vote as follows:
AYES: Commissioners Marant, Houston, Waiters and
Iiayor-Commissioner Kelly.
HAYES: IJon
City Attorney Malden stated he had prepared a Resolu`.;Son settinga
10;1 pa-;e.: ,y on water bills thet have not beer,paid -.'!thin 60 days
after thA date the meter has ba -n read; that this 10% penalty would
be impressed on the amount c_'marged on a particular. meter reading,
He said he understood that under an ordinance passed in JW y, 19649
a 60 day grace Period was allowed; that a further penalty of lo%
shall be imposed for each additional period of 60 days that the
water bill is delinquent. He then stated this would be in form of
ordinance instead.
Commissioner Waiters made a motion that the Ordinance setting forth
10/ penalty on delinquent water bills after a 60-day grace period
be passed on three readings on this night; the motion was seconded
by Commissioner IIarant and passed on roll call vote as follows:
AYES: Commissioners Houston, Marant, i•laiters, and
ilayor-Commissioner Kelly,
MAYES: hone.
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City Attorney I'jalden stated that the Commission had accepted the
low bid of All Construction Company to extend the water line for
Fleet Transport Corporation but before the contract was signed he
had been contacted by Attorney Clay Shaw, an Attorney in Fort
Lauderdale who tool: the position that the City had no authority to
extend the crater line for Fleet Transport Corporation and secondly,
that the contract was designed to use public funds for private use.
IIe said he did not know when Attorney Shaw planned to file his law-
suit but he had asked for a letter that this contract has been signed,
however, he (Attorney Walden) preferred that the Commission adopt
a resolution telling him to go ahead with the contract so that if
the contract is signed at this time and Iir. Shaw immediately files
his lawsuits he would cooperate with him so as to get an early
hearing date. He said that he and Hr. Shaw are in agreement that
even though a lawxuit is pending that the City Charter does provide
that the City can furnish water to areas outside the City and the
City can run water lines into the County* He said he recognized the
argument but independently of this, he recommended that the Resolution
be passed.
He presented a Resolution setting out in Section 1, that the contract
would be between the City of Dania and Al'1 Construction Company,
and Section 2. that the City Iianager be authorized to enter into a
formal contract with All Construction Company to extend the water
line as set out in bid.
Commissioner iiarant made a motion that the Resolution be adopted to
sign the contact with Ails Construction Company; the motion was
seconded by Commissioner Waiters and passed on roll call vote as
follows:
AYES: Commissioners Waiters, Iiarant and
Ilayor-Commissioner Belly.
MYES: Commissioner Houston,
City Attorney Walden said that he wanted to make some report on the
action on behalf of the City regarding the recall matter. He said
in thebeginning Boisy ?Iaiters had filed a suit against the City and
named 'Ir. Houston, at which time, with the consent of Mr. Houstonts
representative, Iir. Saiterls representative and the consentof the
City, he had written a letter saying he would do nothing in the suit
unless the Commission authorized him to take some action. He said
he had made some recommendations to the then City Cleric, who saw
fit to take legal advice from some other attorney and now the matter
was in a confused state. He said Commissioner Naiters and his
attorney had filed an amended complaint to cover the technicalities
bu.a: he didn' t think Iir. !Iaiters was pushing thesuit so the only thing
lie could do at this time was to ask the court to allow the injunction
to stand as to Boisy Waiters. He said Boisy Waiters had a good
ip complaint and had aslcccl. hIn as, Vi- :City Attorney to proceed; that
by the time the injunction was granted the 30 days was gone by.
He said he had not appeared as the attorney for any individual
Commissic.ier but as the City Ai-:-�orney on behalf of the City. He
then ask-1 if lie should institute some action as a motion and order
to resolve the retu rn of Commissioner Ilarant and Iiayor Belly+
He stated that he would not file anything until he was authorized
by the two Commissioners; that he had not asked Commissioner Houston
and. Commissioner Waiters anything; that he goes through their
respective attorneys.
Commissioner :Iaiters made motion that the City Attorney be authorized
to proceed with the motion and order regarding the recall petition;
the motion was seconded by Commissioner iiarant and passed on roll
call vote as follows:
AYES: Commissioners Ilarant, Waiters (See comment) and
iiayor-Commissioner Kelly.
Commissioner Houston passed his vote saying that since
he had an interest in it he would pass.
HAYES: (Tone.
Commissioner Uaiters said since he had an interest in this matter
he would vote yes.
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City Attorney Ualden stated that in regard to the apartment type
zoning ordinance, the only ordinance now permitting this is R-3
zoning and every time anyone tries for R-3 zoning it was met with
?i objections because R-3 was such a broad type zoning. He said he
had drafted an ordinance which he recommended that the Commissioners
go over said after that that they have a joint meeting with the
Zoning Board to review it; that after both of them had gone over it
they should call a special meeting to adopt an ordinance setting
3 >
out this apartment type zoning. He said Hallandale and Hollywood
have adopted a comprehensive type of zoning which was good but all
4y he wanted to do now was to pass out the drafted copy for their review.
He stated he had no more matters to bring ups
s City Manager Goldberg stated his first matter had to do with the
construction of sewers in subdivisions.' He advised that in the
subdivision regulations bonds were required for facilities but at
the time this ordinance was passed it did not• include sewers. He
requested a motion to have the City Attorney amend the ordinance
to add sewers to the list of required facilities in the subdivision
re'-ulatl.ons. He was advised that it did not require an ordinance to
?,r add this facilityo �
3 City Manager Goldberg read a letter of appreciation from I4r.
c
Reese and firs. Gay regarding the school bus change.
s City Hanager Goldberg stated that there was a lack of an up to date
Code Book in the City setting out the codes for the State and local
codes; that it was necessary that the City laws be codified so that
+, proper legal requirements and procedures for the City could be
followed. He requested authority on motion to have the laws of the
City completely codified.
Commissioner Houston said this was premature; that this matter should
be discussed before it was turned over to a company for codification.
Commissioner Waiters said this had been discussed last year between
the City 11anager and City Clerk and the City Attorney; that he would
be first to admit that the City Codes should be codifiedl that
?`2500.00 was budgeted last year to do this. Commissioner Houston
said that wouldn't do it.
_ City Attorney V alden said he had a consolidated copy of the current
Cheater and the Code ryas last codified in 1954; that numerous
ordinances have been passed since then and would not be in the
codification; that before anything was written up it would be
fi necessary for them to go over the ordinances and get them straightened
oiit� He sngrested that a Committee be formed to go through the
on, , dances and get them in some order.
C-. :;y iiranager Goldberg said if they were not going to give him the
au-_iority to do 'i.J .1s, then he rould like to see the City Attorney
do somethin about it.
City Attorney Walden said one example of the ordinanca being messed
up was that 1960, without a great deal of thouzht, Dania adopted
the Hollywood Building Code, irr.' •:h is a take-off on the Broward
County 3u;_1ding Code; that this had a number of conflicts) that the
South Floxl.da Building Code, and theother Building Codes should be
gone ove , and and any conflicts taken out.
r City 11anager Goldberg said they didn't know what ordinances had been
passed since then and they did not have the Codes and lags of the
`t Ci --y put together, and the State lairs which might override the City
spelled out. Iie said if the Commission wished to give authority
to the City Attorney to rrrork with the codification authority that
would be all right with him.
There eras a discussion of getting all the ordinances together and
picking out the pertinent ones and compiling a code.
City Attorney )Walden said that he City Charter had been made up in
1949 from various cities and had a lot of typographical errors and
1
misplaced words# that this should also be tal;dn care of.
City Iianager Goldberg said he was going to suggest that the City
Attorney should assist him in preparing these ordinances and compiling
them.
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City Iianager Goldberg said he would like to bring to their attention
some of the errors were a result of sloppy bookkeeping for prior
years; that some examples were in the water rates. I-Ie said he
thought these rates should be discussed and also the financing of
additional sewers.
City Attorney Ilalden said he agreed that it would be appropriate to
handle these matters but even though he would be glad to discuss
the matters he thought it should be turned over to the Utilities
Committee and they should report back to the Commission; that the
Committee mould make a report on Wednesday at the meeting.
City Ilanager Goldberg said in other words the matter was being burned
over to the Utilities Committee for Uednesday. He asked if they
were also going to set a policy for the garbage collection. He
said if the Utilities Commission would like to remain after the meet-
ing on Wednesday they could discuss these regulations at that time.
He said that there was a proposal from Smith and Gillespie regarding
the sewer study of west Dania area; that Iir. Protheroe was present to
answer any questions they might have.
Nr.P:ot'i-roe said the City Commission had requested a proposal to
be presented before them regarding the a study of the sewers for
west of the railroad, east of the City limits, south of the airport
and north of Sheridan Street. He said this was divided into three
phases; that it would provide all of the necessary engineering
information to the City at present and included a list of the
various items required. He said that subsequent phases would include
Phase 2 which would include engineering assistance, and Phase 3
which would the go ahead with the plans and specifications if the
City decided that was what they wanted. He said that each phase was
enhirely separate and that separate authorization has to be given
for any of the phases; that each phase had separate estaimates of
costs, and so forth.
Mayor Kelly asked if it would be against engineering ethics if they
decided to obtain another engineering firm for another phase of the
plan. Ptr. Protheroe said it would be entirely in their hands to do
as thay wished. He said it would save the City money if they would
consolidate the sanitary sgw•age and storm sewers at the sametime;
that the firmts compensation will be their costs plus the overhead
not to exceed j3,800.00, provided the two projects were consolidated.
City IIanager Goldberg said that the previous study submitted included
0 a number of things that had alread been done and there was no reason
to do them over but i-ir. Protheroe had gone over it and deleted the
things which had already been accomplished. He then answered several
questions regarding the study.
Copmissioner !Iaiters made a motion that the Resolution be adopted
to eign the contract between the City of Dania and Smith and
Gillespie for the planning study for Phase I for Sar-!tary Sewage and
Phase I for storm sewers; the motion was seconded by Commissioner
i larant.^.
Commissioner Houston asked if ti:e money was on hand to pay for this.
Mayor Kelly said it would come from the General Fundy but City
11anager Goldberg said this would come from the renewal fund since
it was an extension of the sewer plant. More discussion followed
regarding payment of this study.
Commissioner Houston said it was after 11 P.1l., and made a motion
that the meeting be adjourned.
Commissioner Marant said it was his understanding that this study
would not have to be paid for within a 2 year period.
Iir. PL-3theroe said the stipulation was 9 months after the application
was made but if they felt that the appliaation had a chance, they
would not push for money.
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Iir, Protheroe said that this was a feasibility study; that by this
they were
-rhether or
:.
study drnment Would
bestdete mineavailable fornthGse PUTPoseS- HelPol�ted
the out that
this
stemueLy would
�be Vital
othe STants�ity for financing o
ough
-` the motion to adopt the
There being no further discussion,
Resolution for Phase I of the plsnning study passed on roll call
vote as folloors:
d
AYES: Commissioners Ilarant, lfaiters an
Mayor-Commissioner ICelly•
;ra i YEB: CorT.1issioner Houston%
i would be adjourned until 11ednesdays
;Mayor ICel1Y 6tatediTthe Meeting
si April 17, 19
;t
Respectfully submitted,
41kcoinl SSI Iv'EEi
:f
x
r
s
x
:j
V!!
I'•
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Iir. P-rotheroe said that this was a feasibility study; that by this
0 study it would be determined whether or not they were eligible for
government funds whichsere available for theso purposes. He pointed
out that this study would be vital to the City for financing of
the sevrer system through government grants.
There being no further discussion, the motion to adopt the
0 Resolution for Phase I of the planning study passed on roll call
vote as follows:
AYES: Commissioners Harant, Waiters and
Hayor-Commissioner Kelly.
0 MAYES: Commissioner Houston.
1Iayor Kelly stated the meeting would be adjourned until Wednesday,
April 17, 1968 at Noon,
Respectfully submitted,
•IA -COIIh1 SSI PIER
0
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