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HomeMy WebLinkAbout31086 - MINUTES - City Commission �q.. ...—w..'. .ter.... MINUTES OF MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD FEBRUARY 59 1968. The City Commission of the City of Dania, Florida, met in session in the Commission Room at the City Hall. INVOCATION PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL Commissioner Robert Houston Absent Richard Marant Present Joseph Thornton Present Boisy N. Waiters Present Mayor Robert Kelly Present City Attorney Clarke Walden Present City Manager Stanley Goldberg Present Police Chief . Donald Parton Present Bldg. Inspector Hubert Walker Present Acting City Clerk Jean Moore Present A motion was made to excuse Commissioner Houston who is in the hos- pital by Comm. Marant, seconded by Comm. Thornton. Voting as follows: Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Motion was made to approve the minutes of January 2nd and 15th by Comm. Marant, seconded by Comm. Waiters Voting as follows: �• Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. r The Board of Public Instruction represented by Mr. Stephany had re- quested that the City vacate a 20 f t. road right of way lying north of and adjacent to Block 4 of the Amended Plot of Dalton Manor. Mr. Walden said at this time the proper motion was -to refer this matter to the zoning board for its recommendation at their next meet-.� ing, and this motion was made by Comm. Marant; seconded by Comm. Waiters. Voting as follows: / Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Transfer of Liquor License from A. L. Kotch to Robert Wilkenfeld was discussed (second reading) Chief Parton was asked if he approved this application, and he said he did not since the State Beverage Depart- ment had turned down the license. uComm. Marant made. a motion that this application request be denied without prejudice; seconded by Comm. Waiters. The owner questioned the way the application was turned down, but was told that if he could get his license approved by the State he could re-apply to the City, and voted on at a second reading. Voting as follows: _ 1-- Commissioner Marant yes Thornton no Waiters yes Mayor Kelly yes Motion passed . The Cotton Club applied for an extension to a 4 o 'clock license. Last month this Club had a 2 o 'clock license approved . Motion was made by Comm. Marant that this license be approved.; seconded by Comm. Waiters . Voting as follows: Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Bids on Fleet Water Lines extension on Sterling Road were closed, motion made by Comm. Marant ; seconded by Comm. Waiters. Voting as follows: Commissioner Marant yes Thornton ' yes Waiters yes qq Mayor Kelly yes Motion passed. Mr. Walden asked if this bid had been adver- tised in the paper and was told that it was. All Construction Company Bid - $6086.18 - Completion date - 30 calendar days . ® Plantation Construction Co. Bid - $6300.00 - Completion date 60 days. At this time Mr. Walden questioned if Fleet Transport Company had put up the $1 ,000 they had agreed on. He suggested that these bids should be tabled until this money had been paid. Mr. Goldberg stated that these bids were well above the estimate of the Engineers . -® Mr . Walden advised that that these bids be turned over to the Eng- ineer for further study. Motion was made by Comm. Marant that the bids be tabled for further consideration until the next meeting of the Commission, February 19; seconded by Comm. Waiters. Mr. Goldberg questioned if the City should do this job and if the Comission would like to consider this . Both owners of the contract- ing companies in the audiance objected. Mr. Walden suggested a special meeting so that these companies would not be kept waiting two weeks . Comm. Thornton was in favor of turning down all bids and re-advertising the .job. Vot4ing as follows: Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. License to sell pleasure boats was questioned by Mr. Walden as to why the Commission should take action in this instance. Mr. Walker, Building Inspector, explained that a Mr. Caldwell intended to use the Marrone Marina as the place for selling these boats and that this. ar.ea was still zoned as residential. Mr. Walden suggested that this matter should be tabled, and a meeting be set up between the City Manager, Building Inspector, Mr. Marrone and himself. Motion was made by Comm. Thornton; seconded by Comm. Marant that • this matter be tabled until a later meeting. Voting as follows: Commissioner Marant yes Thornton yes .Y Waiters yes Mayor Kelly yes Motion passed . 2 - , o Permission to erect a temporary sign at 111 S. E. First Street was requested by Bellows Development Corporation. Motion was made by 0 Comm. Thornton that permission be granted for erection of this sign, .'; but it must be removed before a certificate of occupancy is issued; seconded by Comm. Marant, st Voting as follows: F;y, ka a Commissioner Marant yes q Thornton yes y Waiters yes Mayor Kelly yes Motion passed. ; `? ® The Zoning Board recommendations included plans for a Commercial ?L' Building for E. G. Barnhill on the East Side of Federal Highway. Also plans for construction of a plant for building custom built yachts on the R. E. Derecktor property with the stipulation that ; 'F the North 50 feet of the property be required to be dedicated. i '> Motion was made to approve this construction subject to this right- away deed by Comm. Marant; seconded by Waiters. Voting as follows: Commissioner Marant yes rf Thornton yes " Waiters yes -y ' Mayor Kelly yes Motion passed. g!h �I A question was asked as to the location of this plant and Mayor Kelly explainedthat it was next to Port Laudania in the new in- dustrial area. Mr. Grammer from the audience asked if plans had been submitted on this boat building plant and was told they had been. Mr. J. O. Morton, with an associate, again appeared before the Comw mission concerning the sidewalk at the Travel Lodge Motel. He ® asked that he be allowed to postpone construction of the sidewalk at this time due to proposed widening of the road at this point and possible construction of a restaurant. His company would put up a bond in the amount of $1 ,000 to insure their willingness to install a sidewalk at the proper time. Mr. Walden 'warned that failure to conform with the sidewalk ordinance and making a com- ® promise would result in similar cases in the future and recom- mended a time limit be set. He suggested next September 1 as a date and all agreed. Comm. Thornton made a motion that a performance bond be put up by the Travel Lodge Company and the sidewalk ordinance not go into effect until September 1; seconded by Comm Waiters. Voting as follows : Commissioner Marant no Thornton yes Waiters yes Mayor Kelly yes A Motion passed. Commissioner Thornton was asked by Mayor Kelly that as finance Com- mittee chairman, did he have any recommendations concerning the Lindfors & Waite audit bill. His recommendation was that they live up to their agreement. Comm. Marant suggested that Mr. Freeman come back to the City and go over this matter with Comm. Thornton who was not at the special meeting of January 19. Commissioner Marant made a motion that -the bill be held in abeyance until next meeting and Mr. Freeman has a chance to meet with Comm. Thornton; seconded by Comm. Waiters. i lCP - 3 - y � 4 xio Commissioner Marant made a motion that bills from the month of December 1967 be approved in the amount of $67,076.98; motion seconded by Commissioner Waiters . 0 Voting as follows: Commissioner Marant yes Thornton yes Waiters yes 0 Mayor Kelly yes Motion passed. Questions from the audience: 0 1. Bartholemew, who lives on Dixie Highway in the City complained that campers and trailers parked right in front of his home. Even when they are ordered out, they continue to do so. Mr. Walden stated that the property across the street t?elonged to a Mr. Ross who does not live there nor in this City, but Mr. Walden knew where to contact him and offered to write to him in behalf of the City. 0 He felt that the owner would stop this parking that Mr. Barthelemew is complaining about if he were contacted and told about it. 2. A Mr. David Weiss from the audience asked a question about the $500. 00 license fee for a Pawn Broker. He wanted to know if this high cost of a license, which is higher than any other city license, was a prohibitive fee. Mr. Weiss is desirous of opening a shop to carry such a business and claimed to have a good reputation and good references. It was explained that this city felt that such a bus- iness would require close attention from the police department. Mr. Walden suggested that if he wanted to start such a business ® he would have to pay the fee required, and if after several years the experience of the City has been satisfactory, the Commissioners might then lower this cost. Mr. Weiss did not want to feel that the City was against him. Mayor Kelly felt this high fee would tend to keep out undesirable business men, and stated that any legitimate, well-run business is welcome in the City of Dania. 0 Mr. Goldberg referred to a letter of January 6, 1968 from Lindfors & Waite on revisions of the sewer assessment roll which have not yet been approved by the Commission, but have been approved by the Superintendent of Sewers. In some cases there is a decrease, and in some others an increase. The list includes all adjustments to date. Motion was made by Comm. Thornton to table these adjustments. until the next meeting; seconded by Comm. Marant Voting as follows: .ti Commissioner Marant yes • Thornton yes Waiters yes Mayor Kelly Motion passed. • Mr. Goldberg brought up the paving of a number of City streets. After some discussion the following streets were to be advertised for a Public Hearing March 4 on paving, and option of sidewalks, on an assessment basis and a resolution adopted. SW loth Street from Dixie Highway to 2nd Avenue. ® SW llth Street from Dixie Highway to U. H. 1. NW 4th Avenue from loth Street to the Teledyne property. SW 12th Street from 2nd Avenue to 3rd Avenue. SW 13th Street from Federal Highway to 3rd Avenue. Motion made by Comm. Waiters ; seconded by Comm. Marant. -4- z; Vesting as follows : Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Mr. Goldberg spoke of the report from Philpott, Ross & Saarinen, Inc. in regards to their survey, and Mr. Walden had presented some of the information to the Bonding Company. Mr. Goldberg said he planned to get with Mr. Walden in the next few days to finalize the presentation of claims to the Bonding Company. Mr. Kelly asked about the pumps as he was getting calls complaining about the vibration and noise. Mr. Goldberg said he understood that the parts to repair the pumps had been received and would be installed. Another part had been replaced in one of the pumps which was not the right part needed costing in the amount of $398.00, however, the City would pay the bill and present this cost to the Bonding Company. There are two pumps involved and the City Manager felt they would cost around $8,000.00 or more. Mayor Kelly felt the City should pay the cost of repair the Pennisular Supply for $398.00 subject to repairing the one pump and recovery from the Bonding Company. This was made in the form of a motion by Comm. Marant; seconded by Comm. Waiters. Voting as follows: Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Mr. Goldberg said permission had been granted to proceed on the test well near 1-95 from the out-of-town owner. The State Road Department has planned a public hearing concerning U. S . 1 improvement from Hallandale to Dixie Highway in Dania on February 20th at 2:00 p.m. in Hollywood City Commission Room. Mr. Goldberg stated he planned to attend. In connection with the proposal to extend the sewers at Ocean View Gulf Additions , Mr. Goldberg read a letter concerning the interest on the lot.5 , owned by a Mrs. Cassone. She had asked that the in- terest not to begin accruing until the end of the year, December 31. Mr. Walden said she had indicated that she intended to pay all all the lots off in full by this time. Motion was made to waiver this interest until December 31 and authorize the contract by Comm. Waiters; seconded by Comm. MaTant. .(Lots 6-7-8-9-10-11-12 and 13 , Block 3a and Lots 6-7-8 and 9, Block 4 , Ocean View Gulf Addition. ) Voting as follows : Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. There is a request for the City to vacate a portion of the property on Tigertail Road near 1-95 both East and West. This property is outside the City Limits and the County Planning Committee would like to hear from the City of Dania. - 5 - FEBRUARY 5TH, 1968 f'_ • Motion was made to table this matter by Comm. Waiters ; seconded by Comm. Marant. Comm. Thornton mentioned he would like to see a note sent to the County that the City is taking the matter under consideration, and to do anything until the City considered it. Mr. Goldberg offered to write a letter to this effect. Voting as follows: Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Mr. Walden made reference to a letter to Chief Parton written by Robert Dubow concerning an opinion on the compromise agreement between Judge Black and George Dunston concerning a number of bonds which had been escheated over a period of several months. Mr. Walden read the Florida Statute on such bonds, and the whole of Mr. Dubow'.s letter. Mr. Walden informed the Commission that they- were not pleased with the way Judge Black handled this matter; he could relay this fact to Judge Black. Mr. Walden felt that the City should settle the way Judge Black had agreed to do. Chief Parton stated that he had contacted the Insurance Commis- sioner on this subject and Herman Spann who had put up the bonds. The amount of the settlement was $1,285.00. Comm. Marant expressed a desire that whatever situation had caused the City to be in a compromising position be corrected. Comm. Waiters made a motion that the City accept this $1,285.00 settlement; seconded by Comm. Marant. Mayor Kelly felt that the City Attorney should inform the Judge that the Commissionris not happy with the procedure \ followed here. Voting as follows: Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Mr. Walden said he had talked with Mr. Petrozella concerning the Contract of Callahan Motors dated November 1964 which required Callahan Motors to do the City Fleet repair for $400.00 per month plus parts to be billed. He read that the City may terminate this contract after giving two weeks notice to the Company if the work is not reasonable or satisfactory. If the City wishes to terminate this contract, Callahan Motors should simply be notified as of a certain date. He suggested about the 21st of the month. Comm. Waiters made a motion that this be done by the City Attorney; sece onded by Comm. Marant. The next few minutes were spent in discussing the newly employed City mechanic, who is being paid at the rate of $110.00 per week. Mayor Kelly said that in a short time many pieces of equipment had been repaired. Comm. Marant asked that each department head having vehicles under his control with the cooperation of Mr. Petrozella, begin a preventative maintenance program. Voting as follows: Commissioner Marant yes Thornton no- Waiters yes Mayor Kelly yes Motion passed. 6 - Mr. Walden discussed the suit that Comm. Waiters had brought against the recall group, served on him January 30, 1968. He did not feel that the complaint was in perfect form due to technical errors. Unless otherwise instructed by the Commission, he planned to appear in court on February 6 , merely as an observor. He explained that a temporary restraining order would stop the petition temporarily until the answers can be filed or alcase be made. Comm. Marant made a motion allowing Mr. Walden to appear in court February 6, merely as : nominal party; seconded by Waiters. Voting as follows: Commissioner Marant yes Thornton pass Waiters yes Mayor Kelly yes Motion passed. Mr. Walden stated that he had submitted a bill ftich had to do with a municipal court hearing which was not covered in the flat rate fee he and the City had agreed upon. One of the cases which Robert Dubow had was appealed to a higher court and it was necessary to bill the City for the additional cost for research and travel expenses. A motion was made by Comm. Thornton to authorize payment of this bill of $350.00; seconded by Comm. Waiters. Voting as follows: Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Commissioner Marant read a letter he had received from Joe Roche, director at Frost Park, concerning a near riot at the basketball court. Comm. Marant claimed he had investigated this incident by questioning a witness and checking police reports. Comm. Marant felt the incident had been greatly exaggerated. Underneath the daily report written in the record book at Frost Park, Mr. Roche had written, "I quit." Comm. Marant recommended that the City accept Mr. Roche's resignation. After a lengthy argument pro and con, Mr. Roche, Mayor Kelly said with regret, that in fact, the City would accept the resignation. Mrs. Kennedy from the audience spoke in behalf of Mr. Roche and the good job he had done. Commissioner Marant spoke of a letter he had received from the National Science Foundation and also Mr. Julian Halliburton who is also involved with this organization since he is holding a check for $5,000.00 as insurance of this organization's com- mittment. Since no action has been taken on this matter, Mr.Hall- iburton would like an answer so he will know if he should return this check he is holding. Comm. Marant asked that a de6ision be made one way or another. Mayor Kelly felt that the amount of rent this Foundation would pay would be less than the cost of the dock- age of their two boats. Comm. Marant offered to instruct Mr. Halliburton to return the $5 ,000.00, but still leave the way open for further negotions. All were in agreement. `s Commissioner Marant questioned the agreement the City had with Zarry Thornhill concerning his sewer hoal -up. Mr. Thornhill was supposed to give an easement to the city if the City would hoolo- up his sewers for him, and also exempt one of his lots. Comm. Marant had been unable to contact Mr. Brice of Mr. Adams (former Commissioners) who might know of this agreement. Comm. Marant said his information was that this was tentative accepted by the Utilities Committee. i 7 - Mr. Adams had asked Comm. Marant to bring up this matter. Comm. Thornton suggested a meeting the following Wednesday night at 8: 00 p.m. with the Utility Committee and Mr. Adams and Brice. Commissioner Marant brought up a delinquent water bill that Mr. John Leto had on a rental property. The City Clerk pointed out that the required deposit was not large enough to protect the landlord and Mr. Leto was a victim of such a situation. Mr. Walden offered to review the Ordinance on sewer charges for a possbible change and consideration of increased deposits. Mayor Kelly instructed the City Manager to adjust this unpaid bill. Comm. Waiters asked that the City Attorney write a letter to Smith & Gillespie Engineering Firm to study our drainage system using Federal Funds. Commissioner Waiters expressed a desire to meet with the Finance Committee in order to go over the employee pay scale in consid- eration of raises in pay. Mayor Kelly asked the City Manager if he had a basic plan worked out. He answered that he had. A meeting was set of the whole Commission for the following Thurs- day night at 8:00 p.m. Commissioner Waiters asked that there be a check on Trailer Parks by the Building Inspector and have a report by the next meeting. He would like to know if they bhow the right number of spaces on the license. In answer to a question by Mayor Kelly the City Clerk stated that these parks were billed according to trailer spaces on sewerage charges. Mr. Walker was asked to give a re- port on these parks. Commissioner Waiters made a motion that the Acting part be re- moved from the City Clerk and Director of Public Works ; seconded by Comm. Marant. Comm. Thornton asked what the duties of the Director of Public Works were. Mr. Thornton objected to filling the posoition with Mr. Petrozella. He. felt that Mr. Petrozella was not qualified to be over the Sewer and Water Plants. Voting as follows. Commissioner Marant, yes Thornton no Waiters yes Mayor Kelly yes Motion passed. Mayor Kelly asked that a Resolution be passed placing the Dania Bank Building under the Recreation Department and naming a steer- ing committee over the Activities. Comm. Marant made this in the form of a motion; seconded by Comm. Waiters. +: Voting as follows : 6 Commissioner Marant yes Thornton yes Waiters yes Mayor Kelly yes Motion passed. Commissioner instructed the City Clerk to send flowers to Comm. Houston in the hospital with a get well card from the Commission and City Employees. Mayor Kelly mentioned that Mr. Halliburton had resigned from the Pension Committee and asked that the Commissioners think of some- one to fill this vacancy by the next meeting. 8 _