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HomeMy WebLinkAbout1967-08-28 Special City Commission Meeting Minutes C a * s- 1q F,t s MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, r. FLORTDA, HELD AUGUST 28, 1967. * The City Commission of the City of Dania, Florida, met in Special Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER RICHARD MARANT 'z COMMISSIONERS JAMES G. ADAMS GUS S. BRICE bN ROBERT KELLY BOISY N. WAITERS CITY ATTORNEY CLARKE WALDEN { CITY MANAGER STANLEY GOLDBERG CHIEF OF POLICE g 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 Pledge of Allegiance were held. y;. 1. LOUIS MARRONE: Request for permit to construct a 20 X 20 10, , 0 My building for oils and soft drinks at 505 ` N.E. Third Street, Royal Palm Yacht Basin. V",, i1 `. City Attorney Walden advised that the original plans of Mr. Mar- rone's did not show this building. The issue developed at the ` .C, last meeting of whether or not Mr. Marrone was doing the things that he agreed to do when he got his permit. ® Mayor Marant asked Building Inspector Walker if Mr. Marrone has submitted plans for this building. Building Inspector Walker replied that he has plans. ® City Attorney Walden asked Mr. Walker .tf Mr. Marrone is follow- ing a course of construction so that he has done everything else that he agreed to on the original plans. Building Inspector Walker replied that he has not completed his seawall, but he understands that Mr. Marrone is now anticipating completing his seawall. He is going to submit a sketch showing how complete this uncompleted portion is. Charles DeMuzzio, representative of the Zoning Board, stated that he was by Mr. Marrone's place today, and Mr. Marrone is working on that seawall. Mr. DeMuzzio also looked to see where this building is going, and it i5 in the farthest corner of the Northwest corner of the lot: Mr. DeMuzzio advised that, in his opinion, he felt that Mr. Marrone does need this building. Mayor Marant asked if the Planning & Zoning Board has made any re- commendation on this building. I Mr. DeMuzzio: We approved it, according to what we have seen of it. It is proper in zoning, and so forth. Mr. Schaefer and Mr. Loury looked at it beforehand, and that is the reason we passed it before, because we thought it was proper. We don't see anything wrong with this building. Commissioner Brici: Mr. DeMuzzio, has the Zoning Board looked into the original plan and minutes where Mr. Marone came up here and asked for a variance on the zoning of that, and at that time he agreed to a plot plan and there was considerable discussion over the amount of buildings that he could put on the property. And on his original plan he was asking for a larger building than what the Commission was willing to give. And we assured the people in that area that we would hold him to this. Have you checked into those parts of it? -1- Mr. DeMuzzio: No, I wasn't on the Zoning Board at that time. B t I do know there is only one building on that property of this Marina. That is the only building I have seen there, this is the first time I have been down there to look the thing over. And from what I see and what I gather with the conversation with Mr. Marrone, this is 0 the first time I have had a conversation with him) I think the man is trying to do the right thing. And I think he is trying to do a good thing for the City of Dania as far as I can understand. But as far as I can see, in my opinion, I think this building is par in the usage of what he wants it for. There is only bne building now on this whole Marina, and it looks to me like it is going to be a beautiful place. And the man is trying to do the right thing. He told me that he talked to some of the people in the area who were against him in G. the beginning, and they told him that they are behind him 100%. FZti Robert Grammer, from the audience: Is he going to sell gasoline there? The reply was Yes, the pumps are all installed. Mr. Grammer: Well, he isn't zoned for that. Mr. Schaefer, Zoning Board Chairman: Under the Marina I believe he INIS is. Am I right, Mr. Walden? Mr. Walden: I think he can sell it for a boat, he can't have a service station. Mr. Grammer: I think if you check back on this, this was supposed to have been not a commercial marina there, it is only a private boat • docking for the homes he is going to build there. Mayor Marant: That's why we asked the Building Inspector to gather the information that was presented to the building inspector that was in office at the time in order to determine exactly what the man was going to do. And I was hoping at the last time this came up that we • would have some idea as to what his intentions were. City Attorney Walden suggested that this be tabled again until they can get that information. Mr. Kennedy, from the audience: I think you will get that information • only from the tapes, because it is not in the typed minutes. I came up and looked at the minutes of the meeting to see if they had written in those minutes all of these things that he was supposed to abide by, all the rules that were set down when his zoning was approved. It is not in the typed minutes, so it must be someplace on tape. He has several hearings on that, and if he has contacted 100% of the neigh • bors around there, I can tell you 5 that he has not contacted, including US. Mayor Marant: Alright, this will have to be tabled again until Mr. Marrone can present you with a sketch and until you can determine as to whether this gives a picture of what he originally was intending to • do. Commissioner Brice: Mr. Mayor, as we table this, I would like to re- quest that the tape of meeting. . . . .I have searched my minutes at home, and as Mrs. Kennedy said, I cannot find in the minutes either. But I recall very vividly the discussion. Atid.the first time he came up we wouldn't approve it until he brought us a complete plan. And at that time we discussed the size of the building, and as to what repairs were to go on in the building, and so forth. So I suggest that the City Clerk be asked to check the tape of that particular meeting when it was ap- proved because I am quite sure you will find that he had to agree to certain restrictions before this marina was approved. • Commissioner Waiters: Was this a whole plan. . . Commissioner Brice: The whole plan of his whole layout there had to be. -2- • m Mayor Marant: Alright, gentlemen, we will table discussion on this until we get further information on this, plans submitted to you and if you please take those plans and meet with the zoning board, and ® get all available minutes or tapes in order to give us some sort of record to go by at -next meeting. 2. J. 0. MORTON, TRAVELODGE MOTEL: 1634 North Federal Highway. Request for permit. ® City Attorney Walden advised that Mr. Morton called him a week or so ago to ask what he could do to get final approval to build a motel on North Federal across from the airport, and he indicated that he had been before the City some number of months ago and obtained what he thought was final approval. Because of the time passage, I sug- gested that he appear before you tonight and review it again. His ® attorney wrote a letter to Mrs. Thornhill. (Mr.,Walden then read the letter requesting an application before the City Commission at the meeting of August 28, 1967 for request for permit) Mr. Walden stated that Mrs. Thornhill gave him a copy of the Zoning Board minutes of August 24, 1967, where this matter was considered ® last week. Mr. Walden read the Zoning Board minutes and recommen- dation, as follows: (1) Travelodge Motel (P.I.T. Corp.) , represented by J. 0. Morton, request permit to build a motel. Legal: All that part of the N 200T of the NWk of • the SE y of Section 27-50-42, lying East of the East right of was of US#l. A motion was made by Mr. Erwin to accept the plans as pre- sented with the dedication of the 7� feet street widening right of way, and the stipulation that side walks be in- cluded. The motion was seconded by Mr. DeMuzzio, and car- ried unanimously. Mr. Walden: I heard of one or two questions abise �recentlgvon these plans where either the Zoning Board or the Commission will approve them subject to certain changes or modifications. It has been a ® practice in earlier years 4h en we make changes or modifications to actually have the plans available at the Commission meeting, and for someone to make those actual changes on the plans in a red pencil at that time. I think if you go back to this practice you will not have this problem such as you have with Mr. Marrone of not knowing what the understanding was. And I will say here that if you go along with • this gentleman on his plans with any changes, then they ought to be written on them now as part of the minutes. Mayor Marant: Mr. Walden the building inspector bubmitted a letter to me regards to this travelodge item, stating his concern over the soft soil condition at the site of the travelodge construction. He ® stated that proper measures must be taken to assure adequate founda- tion. Mr. Morton: I have agreed on all the things regarding the dedication of the 7'2- feet; and on the 17 or 18 feet entrance, that we will have to study after we get there. We think that is adequate. As'--to the 0 foundation support, we have had it engineered with test borings and by a reputable Florida Testing Bureau. Mayor Marant: Are these results available to the City? Mr. Morton: They said they are. I am sure they are. The architect ® would be glad to furnish them, because he had that work done. On the test borings he had three holes down to 60 feet I think it was. And the Engineer, the Architect, would not assume the responsibility until lie had these tests made. And the plans are here with your building department. • _3_ z fir.. Mayor Marant: Mr. DeMuzzio, on this item concerning the driveway, 44 what was the 'Zoning Boards recommendation as to the width? Mr. DeMuzzio: 18 foot. And if he needed any more he would ask for f= P; a variance. But that's what the code is, 18 foot. J City Attorney Walden: Is this the same set of plans that the Zoning z' Board considered several months ago? Mr. DeMuzzio: No sir. ® Mr. Morton: No, they have been changed. City Attorney Walden: At that time there was some discussion about +s the setbacks. They had agreed to a rather large setback. is Mr. Morton: Thatts right. That was our problem at that time. It ® has been changed. Mr. Walker has the plans, and if you would like to make notations I would be glad to initial them. 2' After inspection of' the plans, and discussion on the plans. . . A motion was made by Commissioner Brice to authorize the Building ;{ 0 Inspector to issue a building permit as soon as he receives the find- ing from the architect regarding the borings, and that the dedication h of the 7� feet for the widening of Federal Highway be regorded. Mr. Morton asked if they want a letter on that. 0 City Attorney Walden advised that on the dedication of right of way, that is on a quit claim deed, and that he (Walden) has the forms. Mr. Morton stated that, regarding the sign, it is 40 feet high; and he understood that there was some question of the height regarding the regulations. They asked him to bring this before the Commission 0 tonight on the height of that sign. They want to put it as close to the highway as they can. He understood that there was a ruling that it was supposed to set back a foot from the highway for every foot in height of the sign. Commissioner Brice asked if it would be objectionable as far as 0 aeronautical. Mr. Morton: No sir, we have no height limit over there. Commissioner Brice: It's not in their flight pattern? 0 Mr. Morton: No sir, it isn't in the flight pattern. Commissioner Brice asked City Attorney Walden if he remembered what the ordinance says on height. City Attorney Walden replied no, he didntt remember either. 6 14r. Morton stated that Mr. Loury is the one who brought the subject up, and he said that there was a regulation regarding height and set- back and that he (Morton) should bring it up for a variance. Commissioner Brice: I dontt think, until we check the ordinance, that we can approve the sign tonight. Commissioner Adams: Itil second your motion, but I would like to in- ject one other thing. I see you have"Fort Lauderdale-Hollywood Air- port" , how about putting Dania, Florida? Mr. Morton: Well, that will be our post office anyway. Commissioner Adams: No, I mean on your sign; after all this is in Dania, and we, the commissioners kind of would like to get Dania in on this. i -4- Mr. Morto We are emphasizing the airport facilities, that's what we are capering to. We didntt know just how to word it. Commissioner Brice: We objected to Hollywood horning in, because ® Hollywood doesn't even adjoin that airport in the first place. It was mutually agreed to have the sign read "Hollywood-Lauderdale Airport, Dania, Florida" . There followed some discussion between Mr. Robert Houston and the O Commission regarding the widening of Federal Highway, the set-backs along Federal Highway (which Mr. Houston says should be consistent) and the fact that some businesses are not putting in sidewalks along Federal Highway. Commissioner Waiters agreed to get together with Mr. Walker and Mr. ® Morton tomorrow to work out the setback. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes O Kelly Yes Waiters Yes Marant Yes BOB MINICK, GENERAL MANAGER, PIRATES WORLD: Requests per- mission to have a fireworks display on Labor Day, September ® 4, 1967. Mayor Marant presented a letter from Mr. Minick requesting permis- sion to have this fireworks display. Mr. Minick was present and stated that it is a planned fireworks ® display from one of the large companies, with proper insurance, and one of their representatives will be there to supervise the display. It will take place on the least dangerous spot of the park, the North- east section. The display will last from 3 to 6 minutes, to start at 10: 00 P.M. O A motion was made by Commissioner Adams to grant the request for fire- works display. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes O Kelly Yes Waiters Yes Marant Yes FLEET TRANSPORT ANNEXATION RESOLUTION: O City Attorney Walden advised that after the basic resolution was adopted that any property owners have 30 days in which to file a law suit to test that. "I have heard that one citizen has indicated some chance that he may file a law suit, and I took the liberty of talking with him, to determine his objections. And he explained them to me. I suggest that if there is even any rumor of objections, it is not that important to go ahead and fight a law suit." He then suggested that the Commission resind their action on the annexation resolution to indicate that they are not going ahead with it. Mr. Jackson, of Fleet Transport, stated that he would like to offer the city a surety bond to cover the cost of the water line. O City Attorney Walden asked Mr. Jackson, on the assumption that the city will not go ahead with the annexation, is Mr. Jackson willing to pay for this water line. i _5_ ;O r Mr. Jackson replied that they will pay for their portion of it- But he thought the city should pay for extending the existing water line, up to their point, then they would take it from there on. Commissioner Brice asked would a 2 inch water line serve them- Mr. Jackson replied that it would not. They would have to run a thousand foot of waterline, and they would not have any pressure. Commissioner Brice: No, you don't have to run that much. We his ave - lin® a 2 inch water line where the Mosquito Control is the lefteside 2 inches from there. But where the fire plug l of the road, that is a b inch line to ested that Mr.that Jacksonncheck1ch wtheateryou Pre- good pressure He s to the Mosquito control. sure from that fire plug ® Mr. Jackson replied that they would have approximately 300 foot of line soit t extend mpast hialmostStirling Road, then 600 foot down Bryan that akes Commissioner Brice: I think we are morally obligated to furnish hey ® these people water under the rate of the 20% premium, because to we are willing to come into the city, but because of , which is not in cannot annex them without going to the legislature, ahead session. : I don't see why we should hinder them et watefrom rlg with their plans out there because they cannot g ® Mr. Jackson stated that they would like to go ahead and put this line in if the city wants it, they would buy this line and even- tually sell it back to the city. He stated that a 3 or 4 inch line would service them adequately. Citornanamer Goldbethese people whotare objecting and1find outhwhatty 0 their reasons are, and see if they can't work something out. City Attorney Walden stated that he indicated he would not mention the names of the objector� so he will notublic hearing and let sanyonewhoHeverwantssto o. gested that they hole: a p O publically object do so. Commissioner Brice suggested that in the meantime, they should Peters, the Building Inspector, and the City Engineer gether and resolve this kate to makena decision withoute. He did not ethisTecommen=y is inap • dction• City Attorney Walden stated that he would meet with these men and work out something. Mr. Walden stated that City Clerk Thornhill tonight gave him a form notice that she had received from the Dania Bank, He suggestedconcerning hthat) ment due September 1st on the old Bank Building • ought to since they will not meet again before September lst, thest-due• take some action on it so that it will }got be carried pa Commissioner Brice: Mr. Walden, as Mr. Miller has indicated, I would like to ask that the Bank extend that until January 1st- ill the city be in a position to pay the in City Attorney Walden: W - terest that will be due on September 1st? Commissioner Brice: Yes. No action. City Attorney Walden: There is one thing that I have talked with two the other of the Commissioners tonight very briefly aboutoverdthishsore subject Commissioners from time to time, that is again -6- 'tpR:'ti cxi - T S of eavesdropping. Gentlemen, I gave an opinion last Wednesday to the effect that I did not recommend you get involved in any kind of public trial or administrative hearing where on the one side you have got- this former police officer serving as the accusor, and the ® other side with the Police Department and certain police officers as defendants, and the City up here trying to be judge. But if you are going to do that, then you ought to lay some ground rules. And again, based on what I knew the other day and what I know now, I dtill do not recommend that you get involved in that. I have had though a good number of people speak to me informally and a good many of them • have come into my office, and there seems to be some confusion over the advise that I have given you. And I want to correct that insofar as it might pertain to me. Number one, I would like to make it quite clear to the public, the commission, and everyone else, that I have never had any knowledge as City Attorney over the use of this equip- ment, never been consulted about it, and know nothing about it. I have had several people interpret my letters inferring that I in some way have known about the equipment. And so, I want to make it clear that I have no knowledge of the use or ownership of the equipment ever being brought to my attention by anybody in the city. Another group of re- sponsible people, and again they are people that I see on the street, I don't think they question that decision or recommendation I made as • to whether you ought to have a trial. The:.question-was"!asked of me though as to whether the City itself has the right to conduct this investigation, and I did not get involved in that in my opinion to you. But of course you have the right, and I make it clear, to conduct any kind of investigation you want to over anything, from whatever source of information that is given to you. So if you, yourself want to • either authorize the City Manager or Chief of Police to investigate these rumors or statements or whatever has been presented to you, you have the right to do that. You may, I think if you want my recommen- dation, I think I am at this point inclined to recommend that to you, that you at least ask the City Manager to report to you whether they own the equipment, for what it is used, what it costs, and that sort • of thing. There is a rumor floating around town that the equipment that the city does own, that the invoices do not actually reflect the details of the purchase. If that is true, and again I have no basis, I don't know anything about it, and I think you ought to get the re- cord straightened out. So you may want my comment, not necessarily my advise, but at least conduct some investigation. I suggest you turn • it over to the City Manager and ask him to report back to you at some public meeting. But I am mentioning this to you as something that I have not officially discussed with you beforehand. But I did want to bring it up to you tonight, and I did want to clear up any misunder- standing on the public as to my knowledge. I have got no knowledge of the use of any equipment. And secondly, my recommendation is mere- ly one that you do not get involved in any kind of a public trial like we did a number of months ago over a discharged police officer, Cowart. But you do have the right to make any kind of investiggtion you want to over anything. CIVIL SERVICE: • City Attorney Walden stated that he has been given a copy of the Civil Service regulations which have been approved by the various departments, and he is now working on an-ordinance which he will try to have ready by the next meeting. He stated that they hold a hearing. • Commissioner Brice asked if they have to pass on the ordinance before it can be advertised. City Attorney Walden stated that the ordinance is to authorize a pub- lic hearing, so they would adopt the ordinance before the hearing. • Commissioner Brice stated that the employees and the public understand that the plan will be adopted first before any study of wages or clas- ;ifications will be made. Therefore they have set January 1st as the date when the pay schedules as to their classifications will become effective. But there was no need to go into all that work unless the plan was first adopted. • -7- g — Mayor Marant stated that during his discussion last Saturday with the Police and Fire Departments , it was generally agreed that they would like one change to be brought before the City Commission, which he told them he would do. It is in regards to the Civil Service Board. He stated that the two departments suggest a five-member board instead ® of the three-member board as set up in the rules. They suggest two members be appointed by the City Commission, two to be elected by the regular employees of the City of Dania, and those four appointees shall select the fifth member of the board. He stated that he told the men that he would bring this up for discussion,but in no way would he allow this to jeopardize the plan. Commissioner Brice stated that after hours of study, he was personally opposed to a five-man board. Commissioner Brice pointed out that the City of Hollywood has such a large board that no,lone can agree with anything. ® Commissioner Waiters suggested that they go ahead and accept the plan with the three-man board, then give it some further study and perhaps change to a five-man board later. CITY MANAGER'S REPORT: • City Manager Goldberg presented a bill from the engineers in regards to the water tank, for $1,500 partial payment. This would leave a balance of $6,460.00. It has been inspected by the engineer and he recommends payment of this bill. A motion was made by Commissioner Brice that the bill be paid. 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 Adams stated that just before the meeting he was handed a note from Mr. Gene McCombs pertaining to the School crossing He a asked Lietenant Jones to come forward and explain the plans for this • crossing. Police ;,Leutenant Jones stated that they have taken applications and have processed the applications and came up with one who will start tomorrow at the crossing. He will be there from 6:45 A.M. , and he will leave when all the children are in school and safely across that • crossing, which is approximately 8:00. He will be there again at 1:45 in the afternoon and will not leave until approximately 3:00 when school is out. That will be for 5 days a week. Robert Houston, Jr. , asked Acting Chief Jones how many men are on shift right now. Leutenant Jones replied there are three men on duty. Mr. • Houston then pointed out that there are two men in the Commission room right now who should be on duty-elsewhere in the city. mayor Marant advised that these two men are off duty and here on their own time• • Mr . Houston: Well last time I mentioned this to you you didn't tell us this. You said those men were here at your request. Mayor Marant: That's right, they were. Mr. Houston: And they are here at your request tonight? ?ayor Marant: Yes sir, they sure are. Mr. Houston: These people are not being paid? i ryyr S Afi;'l ,KY 2 l Mayor Marant: No sir, they sure are not. } `t Mr. Houston stated that he did not feel that these officers who are here at his request, whether on duty or off duty, cast a very good 0 reflection on the citizens of Dania. He stated that the Chief of Police is here to keep order, and they did not require two extra policemen here to keep order. Robert Houston, Sr. , stated that if these men are here on their own time doing a 14 hour shift, then they cannot do justice to their 0 8 hour shift on duty. "Let these men go home and sleep or get their recreation, whatever they want to do: That isn!t the way a police department should run." Commissioner Waiters stated, while we are on the subject of policemen, we lost a policeman last Saturday (Glanton) , and he asked permission 0 to instruct the City Attorney to draw up a gun ordinance. He stated that if the city does not now have an ordinance regulating the sale of guns, they ohght to get one now. No action. i • Commissioner Kelly stated that last Wednesday night at an unofficial meeting, he had a couple questions,.asked of him, Wand I have tried to get some information and tried to answer these." He stated that in one question, Mr. Houston asked if all of the city employees have been fingerprinted. Mr. Kelly stated that he answered the question"yes", but Mr. McDanolds has now handed him a name of a man who he says has 0 not been fingerprinted. "As I checked into this I find that I was wrong, that we do have some day laborers, who have not been finger- printed. But all of the so-called key personnel have been processed and fingerprinted. The name that Mr. McDanolds gave me I checked into. This gentleman was fingerprinted. His prints were sent;-,off, and he was at the time in the employment of the city. Then at the time when 0 his prints came back-he was given the opportunity to resign. He is no longer with the City of Dania." He pointed out that especially in the police department where they have had a turnover, the Chief has had to hire men on a short notice and then check them out, and this presents a problem. They problem being that sometimes it takes two or three weeks to check a man out. "I saw a file of, I would say 12 0 to 15 applicants that have been already checked out. These men have applied for employment with the City of Dania police department, and these have already been fingerprinted. And the Chief now has a file to go to when he needs an employee. I think this is definitely a step in the right direction." 0 Mr. McDanolds: I believe then that took 89 days to get that answer back on fingerprinting. I just wanted the people to hear that. Commissioner Kelly: How do you know, Mr. McDanolds? Mr. McDanolds: I gave you the dates when he was hired and when he was 0 released, and I believe they were right, it is a matter of public record. Commissioner Kelly: Yes sir. I agree, there was a problem in this one. But I believe it was taken care of.before you brought it to our attention. This man has gone, and been gone. And this was taken care of before it was brought to our attention. The other question Mr. Bill Brooks raised. �3 Commissioner Kelly then asked Mr. Brooks to come forward. He asked Mr. Brooks to restate his question in regards to the sewer manhole. Bill Brooks: My question, or my statement, was that a manhole was done by change order by request of the school board when Mr. Salvino was on the board, and Mr. Grammer, and Mr. Zenobia, to change the manhole from 0 2nd Avenue half way doom the street, I don't know how many ffiet. And there was a definite change order on it. That wasntt my argument. My argument was that there was another manhole further down the street which Pirates World tied into with a line that nobody knew anything about. And when they found out about it they brought the contractor • -9- JY 4 up here and fined him $25.00 for doing an illegal thing. I think for e not having a license. Now when that manhole was put in, when that line wa s put in one of your city employees came up to the superintendent of the sewer company who was still working here in the north end, and said "Start the pumps, we are going to cut a line into the manhole." Mr. ® Goldberg called me a liar and said that this didn't happen when Mr. Goldberg was here. But when your Utilities Chairman, and this is pub- lic record, investigated this sewer line, Mr. Goldberg asked the question "Was I here?". City Manager Goldberg: Well, Mr. Brooks, if you are i.nsinttatttng that ® I had anything to do with putting in a manhole which I did not put in I will call you a liar again. Mr. Brooks: I did not say that. I did not say that Mr. Kelly. Nobody on this board ever heard me say that. He is the one that said he was not here. I didn't say he was here. • Commissioner Kelly: I think last Wednesday night his name was mentioned in regards to this. Mr. Brooks: Absolutely, just as I said tonight. • Commissioner Kelly: I think I have some answers for you. On May 26, 1965, there was a change order, Change Order #6. Now Item #7 on that change order says 'Extend sewers in S.E. llth Terrace to serve Olsen Junior High School' . Now, on that change order, it is downstairs on sheet number 65=A, Now, as I dig into this, this I did not know and I was going to check into it. You claim that there was a manhole on A the change order and someone put the one further out. I went down there myself with the sewer superintendant, I saw the manhole. I saw the force line that was put in it, and I was afraid that there was one on further than that. This is it. Now, right now the school board is intending to hook into that. Now on the sheet 65 A it lists manhole No. 260, which is the manhole on S.E. 2nd Avenue and llth Street. Man- hole No. 260-A, which is approximately half way down the school pro- perty, Manhole 260-B is all the way at the end of the propertyg wh-.dh`t is the force feed end. Now on this explanation here it says approxi- mately 295 feet of 8 inch VCP, and approximately 365 feet at 12 to 14 foot cut, one standard man hole at 10 to 12 foot, and two standard manholes at 12 to 14. There is actually three manholes on the change ® order. Now this is the thing that I pleaded with this group last Wednesday night. If you have a problem and you don't want to go and look it up, I hate to take time off of my business, but by golly I will do it if you will not come up here and throw at us cold or go through the newspapers. This is what I am dead set against. I fight this every day, and not that I am against the newspapers. But I am against having headlines with Dania on the paper. Mr. Brooks, I am not going to call you a liar, I say you are wrong. You were either misinformed, or you didn't get the facts. Bill Brooks: Well then I was misinformed by one of your City Commis- sioners. If you will get the report that the Chairman of the Utilities • Commission put out and read it, that will explain everything. Commissioner Brice: That's just what I was going to tell you, Mr. Brooks, it lists the same change order, and in that report that was made in April. We investigated this, and this particular change order at Olsen Junior High School had nothing to do with Pirates World. Now, if you go back and read that report, you will also find that we said in that report that our findings prove that the force main line was put in that manhole without permission from the City and without the City's approval. But it was put in at the time that the contractor still had control of the city sewer system. Bill Brooks: Well, I won't argue about that. I told you about it, and you got mad because I told you. You didn't even know the line was down there. -10- • -sue • 0 H ® Commissioner Brice: No sir, I did not. Bill Brooks: I found it accidently, because the man was down there probing for it when he ran a cement truck over it. I came up here and tried to be decent about it, and I talked to you before the meet- ing. And you wouldn't listen to me downstairs. I had to bring it up here and get mad about it. That is the only way. If anybody wants to tell you fellows something, no, you don't want to listen.to"'us.i� We are a bunch of old hard heads, aggravators. Commissioner Kelly stated that Mr. Brooks stated the contractor was ® fined $25 .00, but he thought the figure was $100.00. Mayor Marant stated that, regarding the rumor of bugging devices, if the Commission is desirous of carrying thV3 further, he felt they should wait until someone comes in and substantiates a complaint based on facts and not on rumors. • Commissioner Waiters stated that he asked the Police Chief to have an investigation and get us the facts on this matter so we could clear the air. But I would like to have answers once and for all. Mayor Marant stated that the Chief is now on vacation, but he understood • that he would be back this weekend for Officer Glantonts funeral. "At that time, I think if you are desirous of having that letter that you submitted answered, that he should do so and see if there is anything forthcoming. If there is not, then we could take appropriate action Monday night if the Commission sees fit to carry this thing any further based on Mr. Waldents suggestion." He suggested that the person who • started this complaint should come in and put his accusations in writ- ing. Mr. Houston stated that he thought there was enough investigation. "I would like to recommend that you immediately dispose of all of this bugging equipment." • Mayor Marant stated that the Chief, in writing,has admitted that he bought and borrowed investigative equipment. "Now I think that, if in fact some of this investigative equipment was used in or outside of the City Hall, that he did it with, and I thank this point has been milled over and over again, he did it with complete commission authorization • to conduct an investigation. And, as I have tried to explain on prior occasions, if he did use this equipment he was not told not to use it by us, or how to conduct his investigations. And again I say public- ally that in no way or shape or form was Mrs. Thornhillts integrity or honesty in question." ''He stated that the allegations were brought up at last Wednesday nights meeting that the Mayor was after "Our Mary" . • He stated that the first time he knew that Mary was going to be fired was when he read it in the paper Thursday after the meeting that was held that Wednesday night. Mr. Houston again asked that this equipment be disposed of. "If it was used once on city employees, it will be used again" . • Mayor Marant stated that he is taking the advise of Mr. Walden that some sort of remedy needs to be made here. "I am not trying to speak for the whole commission, or the City Manager, or anybody else. I am trying to air my own views, and I don't feel one blasted bit guilty of anything that has gone on here. Let me state that first of all. • I think that if this investigative equipment was used it was used in a proper manner and nobody was offended by its use, and no proof can be made of the use of this equipment. We are still running on the assumption that it was used." Mr. Houston: But you probably will be embarrassed by itts use later • on. You don't need that kind of equipment. Get rid of it. Mayor Marant asked Mr. Houston to put this in writing, and he will be glad to look into it. -11- City Attorney Walden stated that if someone tells him something where he thinks there is a possible violation of the Charter in- volved, then he feels as their lawyer that 'it is his duty to call it to their attention, and suggest they do something. "I have heard rumors, and I am told that Commissioner Adams and Commis- ® sioner Waiters know about the payment of this equipment through what I will term as fictitious invoices. Now if that is true, and I don't know that it is, but if that is true I think that it ought to be corrected, because I think you have got a possible charter violation. I don't think it is anything serious if the Chief through some misguided advice decided to lable his purchase one thing when ® it is another, I am sure he has an explanation and it can be corrected. But I don't think you ought to let'it lie. That is what I am trying to suggest to you gentlemen. Now if the City Manager knows about it, all he has got to do is make a report to the Chief of Police that it be corrected, and then forgotten about. But you ought not to just shrug it off, because there is a technical violation. And I am told O that two of the commissioners know about it. Now I am not going to put them on the spot by answering yes or no. But if the invoice is mislabled, then I advise you that it ought to He corrected, and that is the only advice I can give you. Commissioner Adams stated that this bill he does not know is for this ® equipment, but the bill that he received was listed as radio parts. Now whether this bill bought this equipment, "I don't know" . But that is the bill that was in question. City Attorney Walden again advised that if this invoice was mislabled it should be corrected, and the Commission has the right to investigate li it. Commissioner Waiters stated that he does not know what equipment was purchased with the requisition. City Manager Goldberg: Mr. Mayor, I don't believe that this is the i proper place to conduct the proper investigation, but I think it has come to the point to let you know at this time that there are also some other investigations under way. There is an investigation under way in regards to what shows up on all the plans as being a 6 inch water line laid out here near the city hall which has been found to be a 4 inch water line. We are going to request the City Clerk to i furnish us with all of the data in regards to this information as to how much money was paid torthese contractors and whether they were paid for a 6 inch or a 4 inch water line. I will also have to advise you that we currently have under investigation a $60,000 water line that was put in, and is presently completely unusable. This investi- gation dates back several years previous to any members of thisCCom- • mission. I cannot give you any further information in regards to this. These figures will be requested of the City Clerk, and she will be ex- pected to furnish them. Mr. McDanolds: The other night when you went home, Mr. Mayor, after you left here, I was told by one of your commissioners that they lis- • tened to a tape that was made of me 35 minutes long. And I have never even been in the Chief's office. Commissioner:Kelly: Let me answer that. I caught the dickens for using his name in public, and if he is going to be a commissioner I don't know how he is going to run for office and not get his name in , Cs public. But the point I made was that your friend, ex-sergeant Lees, is the one that took this tape. :.Ir. 1.1cDanolds: Don't accuse him of being my friend. Mayor Marant: Mr. McDanolds, if you had heard that tape you would have 0' sure thought that you were his friend. Houston asked, regarding this line for $60,000, he wanted to in- quire when that line was done. -12- s c� City Manager Goldberg: Mr. Mayor, I have already told you that we cannot reveal any further information on these investigations; and I might tell you at the same time there is an investigation going on in regards to the construction of the pier and the purchase of the ® parking meters. Mr. Houston stated that he insists that they bring up the results of these investigations publically. "Every time we come up here and try to talk reasonably to you fellows then we get an investigation that involves us in some way. Now if you are going to continue this ® kind of stuff, I am going to really get some investigations going." He asked that the $60,000 water line,• the pier and the parking meters results be brought out in public. Mayor Marant: While you are at it, Mr. Goldberg, you might add the Jai-Alai and the sign on the top of the New Katherine Hotel also. There being no further business, the meeting adjourned. � QAn.U�Ca 1�t,Ct.epy ry ornhill City Clerk Auditor b Richarcl Marant Mayor-Commissioner ® -13- �_ Fa