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HomeMy WebLinkAbout31110 - MINUTES - City Commission MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD SEPTEMBER 5, 1967. The CityCommission of the City of Dania, Florida, met in Regular Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER RICHARD MARANT COMMISSIONERS JAMES G. ADAMS GUS S. BRICE ROBERT KELLY BOISY WAITERS CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG (ABSENT) CHIEF OF POLICE ANTHONY CARACCI (ABSENT) BUILDING INSPECTOR HUBERT•WALKER CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Marant, after which invocation and plddge of Allegiance were held. MINUTES OF MEETINGS held July 5, 17, 24 and August 7, 1967, to be approved. A motion was made by Commissioner Brice that the minutes be ap- proved as read. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes RESOLUTION: Providing for the calling and holding of a Primary and General Election in the City of Dania. (City Attorney Walden will have a supply of Charter Revisions concerning elections) City Attorney Walden advised that there were changes made by the legislature in regards to Commission and Elections. He then read the Resolution entitled: A RESOLUTION providing for the calling and holding of a Primary Election in the City of Dania, Florida, upon Tuesday, the loth Day of October, A.D. 1967, for the purpose of nominating City Commissioners to be voted upon at the General Election to be held on Tuesday, November 7, 1967; and repealing all resolutions or parts of resolutions in conflict herewith; and pro- viding that this resolution shall become effective as of the date of its passage and adoption. ® A motion was made by Commissioner Brice that this resolution be passed. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes RENEWAL OF ALCOHOLIC BEVERAGE LICENSES for 1967-1968 to be approved. (List of all applications to be supplied to Commissioners before meeting.) A list of the applications for renewal is attached to and made a part of these minutes. -1- Commissioner Brice asked if they should pass this on first reading, can names be deleted on the second reading. City Attorney Walden replied "Yes sir." A motion was made by Commissioner Brice to pass these on first read- ing, with the understanding that there will be a second reading on them. City Attorney Walden suggested that they just table them for now, if they haven't seen the list. Commissioner Brice: I think that is better, because we didntt get the list until we sat down here. Commissioner Waiters: Commissioner Brice do you have the ones in mind that you might want to delete from the list, then go ahead and accept the rest so that she (Mrs. Thornhill) can go ahead and pro- cess the rest of them? City Attorney Walden stated that during the course of the year, and for the past two or three years, the Chief of Police has asked his ® suggestions as to what he might do to police certain night clubs where he has difficulties with certain of the ordinances on the books. "I have given my frank opinion that one of the few things that the city can control with respect to beverage licenses, is the hours of closing. That is about the only thing that you have an exclusive right of control over. The Beverage Department controls everything r else." Mr. Walden explained in detail the establishment of the so- called "Night Club" ordinance in the City of Dania. Then he suggested that if the Commission wants to get involved in it, they can just say that everybody must close at 2:00 and do that legally, because they can control hours of closing. Then if they wish, at some later date, try to draft an ordinance saying that a bone-fide restaurant can stay open an extra two hours if he has truly a restaurant operation. With that ordinance, it would legally, simply and very quickly eliminate certain night clubs that have been objectionable over a number of years, because they are not primarily restaurants. He further sug- gested that if they wish to do so, they should adopt such an ordinance at the beginning of a license year. So if they wished him to go ahead i he could have the ordinance ready by the next regular meeting. Commissioner Brice: Well I persona4y wo" like to see the Police Department given all the help we can in some of these situations. Mayor Marant: I realize the problem existing, as Mr. Walden pointed ® out. I think at the present time the city has 25 state beverage de- partment violations against the Aloha Club, and of course we have no control over the State Beverage Department or any of the people who work for the State Beverage Department. And I have recently heard that the man who managed the Aloha Club has been indicted by the Grand Jury. These are the type of people we are dealing with in these clubs. And I dontt know whether or not we are going to get any satisfaction out of the State Beverage Department. As in the past years we know that they have not come to our aid. And when they have, it is just a matter of going to a higher court and putting up appropriate bond of one nature or another, and re-opening again, as was done with the Banyan Club situation about four or five weeks ago. Mr. Walden, is there any bias allowed with this ordinance. I mean can you stipulatd certain clubs that will have 2:00 or 4:00 closing, or do they all have to be the same? City Attorney Walden: No, there has got to be a reasonable system to it. If you care to draft the ordinance, it could provide that only e _ restaurants could stay open until 4:00. But I would like to see a gap of at least a week or so between the repeal of your present ordi- nance and any enactment of a new one, because I am sure you may get suit over this in circuit court. But I think you can uphold the or- dinance if you dontt try to tie them all together. In other words, -2- r`Y on one day you will repeal what we had and then later and independently we will set up this restaurant classification. Commissioner Brice stated that he is in favor of an ordinance like that. Commissioner Kelly asked if it wouldn't be better then to table this for now. Commissioner Brice withdrew his motion. No action. ORDINANCE: Amending Ordinance No. 438,levying fines for overtime parking at Dania Beach. (Second Reading) City Attorney Walden read the ordinance entitled: AN ORDINANCE amending Section 4 of Ordinance No. 438 of the City of Dania, Flotida, which said section 4 concerns the fine to be paid in the event a traffic ticket is given for non-payment of parking meter rates; and repealing all or- dinances or parts of ordinances in conflict herewith to the extent of such conflict; and providing that this ordinance shall be in forceL•and take effect immediately upon its passage and adoption. A motion was made by Commissioner Adams to adopt the ordinance on second reading. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes WALKER INSURANCE ASSOCIATES, INC. (Bill) Insurance Premiums. All Risks Public Property Policy $3,721.11 Water Storage Tank 45.00 it Depositors Forgery Policy 506.00 Public Employees Blanket Bond 748.00 Volunteer Firemen Accident E Health 590.36 Police Auxiliary Accident 6 Health 518.85 A motion was made by Commissioner Brice to pay Walker Insurance for the insurance premiums. The motion was seconddd by Commis- sioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes '.m Kelly Yes Waiters Yes Marant Yes CITY ATTORNEYS REPORT: (1) City Attorney Walden stated that, with respect to the election, Mrs . Gates has informed the City that they cannot have voting machines on the General Election date. Therefore, they bay end up having paper ballots. He suggested that they try in every way they can to borrow the machines. Mrs . Thornhill, City Clerk, stated that she didn't think there was a county election this year; she thought Mrs. Gates meant that we cannot use the machines next year. She stated that she checked and was informed that we could use the machines this year. -3- LAB' ( 2) City Attorney Walden stated that at the last meeting he wds asked to draft an ordinance preliminary toward getting the Civil Service Plan under way. As he understands, a set of rules has been circu- lated among the City employees . City Attorney Walden then read an ordinance entitled: AN ORDINANCE enacting an overall and comprehensive plan of Civil Service for the benefit and protection of both the municipality and employees; and adopting a set of rules known as the 1967 Civil Service Rules; and providing for ® a transitional period ending as of January 15, 1968, during which period the 1967 Civil Service Rules shall be placed in effect; and repealing all ordinances or parts of ordinances in conflict herewith; and providing that this ordinance shall be in force and take effect immedia- tely upon its final passage and adoption. Mayor Marant: Gentlemen, again I respectfully submit to you for your consideration a proposal for a recommended change of Rule 3, Section 4, Page 7-A. (The setting up of the Civil Service Board.) This change suggests a 5 man board instead of the proposed 3 man board. A motion was made by Commissioner Brice that the change be rejected. The motion was seconded by Commissioner Waiters. Commissioner Brice explained that his reason for making the motion to reject this is that they have spent months and months on this plan trying to put it together. "There is not anything`.in it that says that it cannot be changed from time to time, but if we started pick- ing it apart now we have defeated everything that we set out to do." He continued that the majority of the employees have voted to accept the plan as it is . ® The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes 8 Waiters Yes Marant Yes A motion was made by Commissioner Brice to pass the ordinance on first reading. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® (3) City Attorney Walden stated that last week the Commission authorized him to meet with Mr. Jackson of Fleet Transport, and they sent Mr. Farina to negotiate with Mr. Jackson to extend the water line. He further advised that he, Mr. Jackson and Mr. Farina met last Thursday and Mr. Farina came up with a plan this afternoon and an estimate of the cost of construction. Through a mistake, he figured wrongly. He came up with a figure of $12,500, which surprised Mr. Jackson. So very quickly this afternoon Mr. Farina refigured it and came up with a ffagure of approximately $8,100.00. Mr. Jackson thinks that figure may be in error, so they are going to have some more meetings in the next day or so. Mr. Walden continued, stating that Mr. Jackson asked that, if he OL has to pay for the full cost of the line, he would like to have some control over who else hooks into it. If the city wants to share the cost of it, then the city will have exclusive control. Mr. Walden sug- gested that when they get the figures from Mr. Farina, they should have a special meeting because Mr. Jackson is very anxious to get going. :� -4- YAM The decided to hold a special meeting next Monday at 7:30 P.M. City Attorney Walden presented a letter from Attorney Joseph A. Varon, dated August 31, 1967, regarding his representation of Mrs. Mary Thornhill, City Clerk, City of Dania; and regarding the in- privacy by the alledged'.usd of•.electronic eavesdropping si{ vasion of n� equipment in her office. In this letter Mr. Varon suggests that the Commission ought to, as City Rttorney Walden earlier advised, r= pass a resolution .exonorating Mrs. Thornhill of any wrong-doing. City Commissioner Waiters stated that this is a difficult situa- tion, as they have heard allegations, but he has no reply from--the Chief of Police relative to this. He stated that he (Waiters) has tea. gone one step further and authorized the State Attorney to come in and make an investigation. Commissioner Adams stated that they have already advised that they have received no information detremental to Mrs. Thornhill. "So I don't see anything else that we need to do" . City Attorney Walden advised that in the letter that he wrote to them he made a nufiber of recommendations, one of which was that they acknowledge that the reports do not show anything about the' a City Clerk; "and while you did not adopt a resolution accepting that letter, you did by motion accept the letter,"and I assume ap- prove it." ' . :. Commissioner Brice: I think that was the understanding, that we would go on your recommendation in that letter. I concur with what Mr. Adams said. There has been no evidence whatsoever that any re- port has been submitted, and certainly has not been submitted to me, in any manner of any investigation that was carried on in Mrs. Thorn- hill's office. I'm not sure that there was, because the man that made the statement has repeatedly contradicted himself in the last two years, and this is a matter of record that one time he says one thing and another time he says something else. And there is only one person that says that such a device was ever in that office. And there is no evidence. So it is a case where we must take either the Chiefs word or an outsider's word. So I am in favor of taking the Chief 's word when he says there was none. Commissioner Waiters: Commissioner Brice, August 21st I wrote the { Chief a memo and I asked him these questions, and I will repeat them for your information: If you have any knowledge of this please ex- plain to me and other commissioners who instruct6d you to install this apparatus and why; secondly, if you do not know of this apparatus being installed in the City Hall, I would appreciate your investigation so that you will be able to discuss this. To this date I have no answer. Commissioner Brice: Mr. Waiters he went on vacation and has not given a you a written report, but verbally he told us that it has not been used. Commissioner Waiters: Commissioner Brice, I have heard so many things one way or another. . . . Commissioner Brice: Wait, he will be back. You will get your written report . Commissioner Waiters: Until I get that report I want to leave it just as it is . ;obert Houston: Mr. Mayor, I don't know whether you are going to get a written report or not, but I see no reason to hold up a resolution ;@ exonerating this lady up there. Mr. Brice, you can give all the alibis and all the stand-offs you want to; but either go ahead and mass the resolution or say you are not going to. -5- 1 Mayor Marant: Mr. Houston, I am in concurrance with Mr. Brice, and I say that, and I have proof that this man has alledged on different occasions that he has either lied or perjured himself in other aspects of city business . Now, we won't get into detail here, but I have got documented proof that I will be glad to go over with Mr. Waiters. But at this time I don't think, unless the Commission would like me to ''. read these things, to prove Mr. Brice's point. Robert Houston: Mr. Mayor, I don't think we are interested in what this man did before. N N ~ e =i - Mayor Marant: Well I think we . are interested because I don t believe a thin Robert Houston: Well maybe you are, but we are not. Ica sax= sA, Mayor Marant: This is the thing. We are interested because we think f= ;? that this man has perjured himself, or lied, one or the other. And I =� for one don't believe a thing he says. I have no sympathy for him at i all for anything that he has ever said to the Commission or to any outsider. And I have documented proof to this effect, and I might in- form Mr. Waiters at this time I have a letter in my possession also that the Chief is going before the Grand Jury upon his arrival back in town next week at his own request, in order to get to the bottom of this in one way or another. In other words I think that last week two of our officers were called before the Grand Jury, and r4yself and Mr. Kelly also had a private discussion with Mr. Pinter. He has led '. us to believe that as of this day no crime or any action has been com- mitted. We have no evidence one way or the other. So until we get some facts, or until he can prove his allegations, I don't see any reason for pursuing this any further. Commissioner Waiters: Well, in the meantime, can't we go ahead and pass this resolution exonerating Mrs. Thornhill? Commissioner Brice: Mr. Waiters, it was passed in the other letter. Mayor Marant: Mr. Waiters, I refer to a letter that Mr. Walden has just read. In paragraph 2 it says'that the City Commission and the Chief of Police should openly acknowledge that they have received no information as the result of any investigations (now this is quite general) , or a police department report that casts aspiration on the City Clerk or her conduct in office. UNQUESTIONABLY, there has been a violation of Mrs. Thornhillts civil rights' . Well this I can't concur with at all, because nothing has been proved. The man is making many general statements here that is putting us on the spot, and I for one am not going to sit up here knd be made to look like I am the guilty party. Now if you want to you can, I don't know what the other gentlemen think. Now it also goes on to say that the privacy of her office has unnecessarily and properly invaded. This has not been proved . , So I don't go along with Mr. Varonts letter, d and I don't go along .�aith any resolution at this time until Mr. Lees can prove his allegations . And like I say, Mr. Walden and the rest of the commissioners know that this man has told different stories at different times in the past, and I have got no respect for him. But if you would care to make a resolution, that is up to you. Commissioner Waiters: Well the resolution that we have been asked to adopt I think is very general resolution. In the meantime it also exonerates our City Clerk. I can see no harm at this time of us clear- ing the air as far as we are concerned. Now this points out very vividly that the allegations are informal. I think this is clear. We have never said whether anybody is guilty or not guilty, or innocent of this. But at least we are saying this much, that until verbal and informal alle- gations are made clear that she dhould be exonerated. I can see nothing ® i.n conflict or anything wrong with that. Commissioner Brice: Mr. Waiters, the only thing, if you pass the reso- lution, you are conspiring to the attorney's letter there where he says that there was privacy invaded, and that is the point that I tried to mike a while ago. I don't think that any member of this commission, we -6- OEM ILE have repeatedly said in public, that Mrs. Thornhill's integrity was never questioned in any manner. There has never been any report or any investigation of her office as such. And I see no reason to pass a resolution saying that such was the case because there has been no investigation that I have been able to get any evidence of. Commissioner Waiters: I disagree with you. City Attorney Walden: Well Commissioner Waiters, let me make this point clear, asked me today to draft a resolution. I gave him a copy A tonight. But it doesn't get involved in that, and I think you ought to at least listen to the resolution and see what it says before you pass it or before you discuss it. Commissioner Waiters: Commissioner Brice do .you have a:oopy of the resolution? ® City Attorney Walden: No, you asked me to prepare it and I haven't passed them copies . NoBody has seen it. Commissioner Waiters: Go ahead and read it, Clarke. City Attorney Walden read the resolution entitled: A RESOLUTION concerning Mary Thornhill, City Clerk; and repealing all resolutions or parts of resolutions in conflict herewith; and providing that the resolution shall become effective as of the date of its passage • and adoption. Commissioner Waiters stated that he can see nothing wrong with the adoption of this resolution, and it contains no conflict whatsoever. Commissioner Brice: I don't see any conflict in this either, Commis- sioner Waiters, but I just now Was handed this. A motion was made by Commissioner Adams to adopt this resolution. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: S Adams Yes Brice Yes Kelly Yes Waiters Yes Marant No (5) City Attorney Walden presented a letter from the Board of Public Instruction regarding sewer charges to the school, and requesting that some more ethical method be used for computing sewer charges for the schools in Dania. "We have recently received the following bills for water and sewerage: for Dania Elementary School, water= $10 .00; sewer=$77.50; and for Olsen Junior High School, water=$17.68, and sewer=$135 .00. Other cities in this county use a regularly'.known rate for computing sewer charges, as follows: Fort Lauderdale charges 32G for 1000 gallons ,of water used for sewer charges, Pompano Beach charges 110% of the regular monthly water bill, and the City of Holly- wood charges 90% of the water bill for sewer charges. The sewer charge received for the Dania Elementary School is 775% of the water bill, and the similar charge for Olson Junior High School is 763% of the water bill. While the bills received were for the summer months and the children were absent from the school, we feel that the present method of computing sewer charges for the schools in Dania is not a fair one. Your consideration of this request will be very much ap- preciated." Commissioner Brice: I think at the present time it should be tabled, because what they are doing is taking the summer rates there on their water , and when they get in the winter and the children are in schbol, you are going to find that their rate is not any where near that. +• -7- Sm A motion was made by Commissioner Brice to table the discussion on the Board of Public Instruction. The motion was seconded by Commis- sioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes nf- Marant Yes u" CITY MANAGER'S REPORT: 3: Mayor Marant presented the City Manager's Report, since City Manager Goldberg is not present tonight, as follows: Mayor Marant read a letter addressed to the Mayor and Commissioners, 'r N from William Brook and Robert Grammer, requesting a discussion on their arF request for a license to do sewer work in the City of Dania. s„ Mr. Grammer stated that this is confusing to him and Mr. Brooks, as he is here as a General Contractor, and Mrl Brooks is here as an T. engineer. Mr. Grammer asked: The engineers that have been licensed 4 •i` in the City of Dania over the years, are they eligible to put in this sewer system? s Mayor Marant asked Building Inspector Walker to answer the question. Building Inspector Walker: The three classes of people, three license classifications, are eligible to put them in. One is General Contra- ctors, Engineers, and Plumbers. Mr. Grammer: Not to dispute your word, Mr. Walker, but we have an ordinance here, number 494. . . . . City Attorney Walden: Let me answer very quickly, the ordinance was amended, I am sure that's what you are reading, to say that Plumbers can do it, that any Dania Engineering Contractor can also install them, if they have a card or permit from the County board showing that the applicant is an engineering contractor under the county requirements. I think there are two classifications. That was the last amendment. Mr. Grammer: Then this amendment omitted the General Contractors, right? Well now, we adopted the Hollywood Building Code,which I don't think has been changed, several years ago. And I am also a General Contractor in the City of Hollywood. If I went to Hollywood Lo get an Engineer's license I couldn't buy one, because they will tell me as a General Contractor I don't need one. Because a General Contractor can do anything in that city. And I just wonder why the General Contractors were omitted here in Dania. Bnt this still goes back to the question I am asking, what Engineers that were licensed in the prior years here in Dania, are they eligible to put in these ' sewer lines from the house. . . City Attorney Walden: If they also have this County Engineering License. In other words, a person having a Dania Engineering Con- tractors license and nothing more, cannot put the sewer lines in under that ordinance. After a lengthy discussion, Commissioner Brice asked: Mr. Grammer, you as a General Contractor, you don't go out there and lay that pipe? �.Ir. Grammer: No sir. Commissioner Brice: You hire somebody else to do it. .4r. Grammer: That's right. Commissioner Brice: Alright, now the whole thing in a nutshell was simply this. We had people operating under licenses, and that is the reason that Mr. Wells (former building inspector) asked us to change it, because he could not control it. Now you as a General Contractor I know -B- a 5� •r would hire another plumber or an engineering firm to do your work. ' ry Mr. Grammer: That's right. Commissioner Brice: And that was the reason we took the General Contractors off of it. Now that was his recommendation because ' they were not actually doing the work, and we were having a lot of complaints from people that were operating under those licenses thatti were not doing the work according to standard. r Mr. Grammer: You mean some of the General Contractors weren't put- :P ting it in right? Commissioner Brice; The General Contractors weren't doing it. They were letting someone else operate under their license. Mr. Grammer: Well, if that was so, you shouldn't penalizing the ones that are doing the work. There followed another short discussion. City Attorney Walden: The point was the definite understanding though that the county would give these examinations (for engineers) and I think you ought to request the county give Mr. Brook a quick examina- tion. Commissioner Kelly: Who takes care of that? City Attorney Walden: The City Manager ought to. Robert Houston objected, stating that this will put Mr. Brooks out of work until at least November 1st when he can get an examination. 11N6w on this work (Engineering) the man has to come in, show his insurance, and his qualifications bef6re he can get a license. Now anybody that can hire somebody to go out there and dig a trench, put a level on a pipe, can connect these lines in. It doesn't take a professional man or a tradesman to do it, and this man is a tradesman." Carl Zenobia: I would like to ask the City Attorney aiquestion. I have had an Engineering license since 1960 in the City. Does this mean that my Engineering license is no':good any more? A City Attorney Walden: To do sewer work it is no good unless you have a county permit. Carl Zenobia: Well I have a County permit also, but assuming I did c not have that, when you sold me a license in the City of Dania it says in the license ordinance book there that it is good for sewer work. Now all of a sudden you can tell me that it is no good any more? y City Attorney Walden: Yes sir. The most recent ordinance on the book. . Carl Zenobia: In other words I am supposed to throw away all of my equipment? If I have had it since 1960 how can you all of a sudden change it? City Attorney Walden: The city can change the ordinance every day and the most recent ordinance on the subject is this one that Bob Grammer had. I am not arguing with you about the wisdom of the or- dinance, all I am trying to tell you is what it is. Carl Zenobia: Well I still say that the night that this was changed I was the one that made the motion that any new licenses would have to take a test. And I think if you searched the minutes you will find this. That it says anyone who is presently licensed as an Engineering _ Contractor will stand licensed, and any new licenses will have to take a test. Rob rt Houston: No, this was changed this year, Carl. -9- Carl Zenobia: What are you supposed to do when you have a license, throw it away? Now I am licensed by the County, but I still say that some of these other fellows who are not licensed by the County it is not fair to them if they have been paying it over a number of years. What are they supposed to do? All of a sudden you are going to say that a General Contractor is no longer licensed, or a Plumber is no longer licensed? Commissioner Kelly: Mr. Zenobia, it is my understanding, and this was brought up by former building inspector Mr. Wells. He was rather con- cerned over this, and we had two or three long discussions on this thing. I will be truthful; I don 't understand all of the different licenses. As far as an Engineer, I think there was two or three different catagories. Carl Zenobia: There are nine categories. Commissioner Kelly: Alright, but there are categories under Engineering. You may have an Engineering license that all you do is lay pipe, or all you do is lay water lines. I think it is broken down like this, if you are authorized to lay water line you are not authorized to do sewer work. Isn't it this way? That's the way I understood it. Carl Zenobia: Right. I hold a County Card, but I still will stick up for the other fellow: Commissioner Kelly: Well do you hold a county card for all nine? Carl Zenobia: Right. But I still stick up for the other fellows be- cause they have been paying extra money. Now they pay $15.00 extra in the City of Dania for an Engineering License, and why charge them an extra $15.00 if you are going to take it away from them? Now you can't just take it away from them like that. What are they supposed to do with their equipment? And did you have a public hearing on changing the ordinance? Three readings, and so forth, I don't believe you did, because I think I would have seen it. You can't just change an ordi- nance like that without a public hearing, or at least some kind of a public notice. You can't take a man's license away, I don't care what kind of a test you come up with or what the City Attorney says. You have the Grandfather's Clause in any city. t Commissioner Waiters: Carl, I think your point is well taken. I think the best thing to do is go back and look over this whole thing and start again because there were some mistakes made. Robert Grammer: But this isn't helping this boy (Brooks) . Commissioner Waiters: But we are going to go ahead and get his exami- natidn as soon as possible. Carl Zenobia: I would like to ask one more question of the Building Inspector. Did you check the hook up of my house? Building Inspector Walker: Yes. Carl Zenobia: It was very good? Mr. Brooks hooked it up. There was nothing wrong with it. It passed the inspection, so why shouldn't the man have a license? He has been here for years and the man does good work. Idayor Marant: At the time the Commissioners were only trying to pro- tect the City, and this was the point that was taken and made by Mr. Wells when he asked us to pass this thing in order that we could keep some of these people that were'nt in town and licensed to come into the city and offer exhorbitant prices to these people and take them ::"or a boat ride, so to speak. And it was passed quickly because it came upon us at the time right after we adopted the sewer system. Commissioner Brice: It was on three readings though. Mayor itarant: Was it? -10- Commissioner Brice: Yes sir. Mayor Marant: It might have been done hastily, but as Mr. Brice has informed me, it was done on three readings. I dontt know whether this is a fact or not. Commissioner Brice: It has to be. And ordinance is on three readings. Mayor Marant suggested they call the county tomorrow and try to set up an examination for Mr. Brooks. Robert Houston: I would like to call your attention to the fact that the ordinance was passed on three readings in one night. City Attorney Walden: It may well have been, but legally it was done by unanimous consent. (2) Mayor Marant presented a bill from Hosey Construction Company, in re- gards to the extention of the sewer collection system, in the amount of $3 ,436 .50. This concerns easement work at 349 S.W. 1st Avenue, easement at S.W. lstAvenue, easement South 6f 323 S.W. 'lst Avenue, S.W. 4th Avenue 6 6th Street, and an easement South of Royal Castle, S.W. 1st Avenue. This has been checked out by Mr. Carney and Mr. Farina city engineer, and has their approval. After a short discussion, A motion was made by Commissioner Brice to pay Hosey Contracting, Inc. , the amount of $3,436.50, and charge it to the Sewer Construction Fund, providing it is certified by the City Engineer. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes City Clerk Thornhill pointed out that if this is to be paid from the Sewer Construction Fund, the bank will require a resolution instead of just a motion. Is that right? City Attorney Walden: You are right. Correct it to a resolution. A motion was made by Commissioner Brice that a resolution be passed to pay the bill. The motion was seconded by Commissioner Kelly, and the ® roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes (3) Mayor Marant presented a letter regarding the new state law for Police and Firemen's Accidental Death and Dismemberment coverage insurance, to become effective October 1st, which provides for $10,000 accidental death coverage. Commissioner Brice stated that the ones who are covered by the Pension Plan are already covered by about that amount. [Mayor Marant stated that this would then include the ones not covered by the Pension Plan. A motion was made by Commissioner Brice that Mrs. Thornhill be autho- rized to instruct Walker Insurance Agency to cover all the Police and Firemen that are not now covered under the Pension Plan, which has -11- $10,000.00 or better life insurance. The motion was seconded by Commissioner Waiters. Commissioner Waiters: Mrs. Thornhill, what is our present coverage for our Police and Firemen now? City Clerk Thornhill: Under the hospitalization plan, Mr.Waiters, there is $1,000.00 life insurance and $1,000.00 accidental death; and then whatever the employees that are covered under the Pension Plan have. But not all of the employees are,now covered under the Pension Plan. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes (4) Mayor Marant presented a bill.from Lindfors and Waite, Certified Public Accountants, for services rendered regarding adjust of general books and preparation of financial statements and budgetary projec- tions as of May 31, 1967, in the amount of $500.00. A motion was made by Commissioner Waiters to pay the bill. The motion was seconded by Commissioner Kelly. Commissioner Kelly: Doesn't this go towards our annual billing'? Mayor Marant: Fee charged for time spent in excess of normal auditing procedure requirements. Commissioner Brice: But he is saying that this is through May 31st. And that wasn't what we asked him for. Commissioner Kelly: What is our annual audit feet' $5,000.00? This is over and above? Don't we pay that $5,000 a little at a time, Mary? City Clerk Thornhill: Well, I think they have asked for about two payments, when they do so much work then they ask for it. AD Commissioner Kelly: But this is not one of those payments.' City Clerk Thornhill: This is something, I believe, that you asked for in the middle of June. Commissioner Kelly: I don't know. What is it for, that is the question. Mayor Marant suggested that this be tabled and he would call the audi- tor tomorrow. Commissioner Brice stated that we could pass it, but before it is paid they ought to get a clarification on it. "Because he is supposed to have it up in such a manner that he can give us a monthly statement at the end of September. And now he is saying there May the 31st. Is it going to be $500 more to get it up to August 31st?" I think it should be tabled until we find out for sure what we are paying for. ® Commissioner Waiters withdrew his motion. Commissioner Kelly withdrew his second to the motion. (5) Mayor Marant presented a request for payment from the Florida League of Municipalities for $500 for duesz.fob annual membership. ® _ Commissioner Brice: We don't have to be in such a hurry to pay it. LetTs hold it off. It is in the budget, but we don't have to spend it so quick. -12- 'a: Mayor Marant turned the letter over to the Building Inspector. COMMISSIONER KELLY: Commissioner Kelly stated that in regards to the funeral Sunday ® and the representation, he was very much impressed with the co- operation from Broward County, and thought that it speaks very well for our Police Department. Mayor Marant stated that, in regards to this, a letter was sent r. out last week upon his direction, by the City Clerk, that the City pay for the plot for Officer Glanton. "I got the majority approval on it, so I went ahead and authorized it. So I would like to make it formal tonight. I did not feel it necessary to call a Special Meeting at that time." A motion was made by Commissioner Brice that the burial plot for ® Officer Vernon Glanton be paid for by the City. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes ® Kelly Yes Waiters Yes Marant Yes COMMISSIONER BRICE: ® Commissioner Brice stated that, it was his understanding that, in talking to three of the Commissioners Sunday, a letter would be sent out from the City to every municipality throughout the County thanking them for their co-operation,over the Chiefts signature. "For the bene- fit of the public, we had some 30 units from the other police depart- ments, from the other municipalities in the county, plus an honor guard • from Dade County. I think that speaks very high of our Police Depart- ment that other police departments around would give us that type of cooperation and pay tribute to one of our men." Mayor Marant advised that the letter has been started to be put together and will be sent out some time this week. • There being no further business, the meeting adjourned. • Mary Thornhill City Clerk-Auditor O NJ L,4- Richard Marant Mayor-Commissioner • SL -14- y: (6) Mayor Marant presented a letter from William Rhodes regarding his being served with a legal notice from the Florida Hotel and Rest- aurant Commission advising that the restrooms on the Dania Pier are in violation of Florida Statutes regarding cleanliness of the restrooms. He stated that according to his lease, the leasee of the Fishing Pier (Phil Heller) would be responsible for the clean- liness and upkeep of the restrooms on the Fishing Pier. Commissioner Brice suggested that this be turned over to Phil Heller. ® City Attorney Walden advised that the cleanliness and minor repairs are Mr. Heller's responsibility. (7) Mayor Marant presented a letter from Broome & Farina regarding electrical repairs to elevated water tank, in which he stated that LaCroix Electric has submitted a price of $500 to do the work, and ® Rickards Electric has submitted a price of $535.00. John Moyer has submitted a price of $500 extra for the repairs to the electrical. City Engineers recommended that the extra work be awarded to John Moyer in accordance with his proposal for $500 to be added to his present contract, and advising that a change order will be required to accomplish this wobk. Mayor Marant then read the proposal from ® John Moyer. A motion was made by Commissioner Brice that a change order be issued for installation of electrical wiring in accordance with the recom- mendations of the City Engineer. The motion was seconded by Commis- sioner Adams, and the roLl being called, the Commissioners voted as ® follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes Ce) Mayor Marant presented a letter from Mr. & Mrs. Ceril Cooper, 427 Osgood Blvd. , St. Clair Beach, Ontario, regarding the proposal to change certain restrictions that now apply to building hicftrise apartments. Mr. & Mrs. Cooper asked to register their objections ® as the residents of the area who might be affected by the change have not had an opportunity to study the proposal. They pointed out that many of the residents:-of Dania reside here only in the Winter and this ought to be tabled until they have an opportunity to be present. 1® No action. (9) Mayor Marant presented a letter from the American Wind Symphony Orchestra expressing their appreciation for the support and con- tributions awarded to them by the City. (10) Mayor Marant presented a letter from the United States Department of Justice Imigration and Naturalization Service advising that the President of the United States has designated the week of September 17 thru 23rd as Constitution Week. Also, September 17 has been designated as Citizenship Day. Mayor Marant stated that he turned this over to Mr. Lee, Chairman of the Human Relations Board, and he requested that the Commission pass a proclamation tonight. , He asked for a motion. Commissioner Brice: You don't need a motion, the Mayor can make a ¢ proclamation. (11) Mayor Marant presented a letter from the Broward County Health Depart- merit requesting a copy of the City Code from all cities in Broward ' County, and requesting that the City of Dania send a copy of theirs. -13-