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HomeMy WebLinkAbout1967-08-07 Regular City Commission Meeting Minutes k MINUTES OF REGULAR MEETING, CITY COMMISSION FLORIDA, HELD AUGUST 7, 1967 CITY OF DANIA, 3" The City Commission of the City® y of Dania - Regular Session in the Commission Room at the rCity Hall. a Present were: MAYOR-COMMISSIONER of? COMMISSIONERS RICHARD ;MARANT JAMES ADAMS (ABSENT) GUS S. BRICE ) ® ROBERT KELLY (ABSENT) Y _ BOISY N. WAITERS t'^ir. CITY ATTORNEY CLARKE CITY MANAGER WALDEN CHIEF OF POLICE STANLEY GOLDBERG " BUILDING INSPECTOR ANTHONY CARACCI • CITY CLERK HUBERT WALKER The meeting was called to order at 8:00 p.MMAd. bY THORNHILL after which invocation and pledge of allegiance wMaayo h Marant, "u �4 A - vy A motion was made by Commissioner Brice to excuse Commissioners 4T Kelly and Adams from this meet' Commissioner Waiters, and the roll being motion was seconded by �1 ® voted as follows: called , the Commissioners Brice Yes .; Waiters Yes -= Marant yes ® ORDICE: Amending the existingo y Utility tax. rdinance regarding (Second Reading) City Attorney Walden read the ordinance entitled: e AN CityRofNANCE amending Section Dania, Florida, concerning�thedtaxfimrdsnances, various types of utilities; and repealing all ordinances toed on parts of ordinances in conflict herewith to the ex- tent of such conflict; and providing that this ordinance shall be in force and take effect immediately upon its S passage and adoption. A motion was made by Commissioner Brice to pass the ordinance on second reading. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: ® Brice Yes Waiters Yes Marant Yes ALCOHOLIC BEVERAGE LICENSE ® Transfer of 4 COP License from Emile LeMerd y and Denis Rety to L'Auberge Bretonne, Inc. , 400 East Dania Beach Boulevard. (second reading) A motion was made by Commissioner Waiters on second reading. to approve the transfer The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Brice Yes Waiters Yes Marant Yes APPLICATION FOR TAXICAB LICENSE Joseph E. Denk, 2422 Wilson St reet, Hollywood, Florida. Mr. Denk was not present at the meeting. -1- FOR 0 A motion was made by Commissioner Brice to table this, since the applicant was not present. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as Brice Yes Waiters Yes Marant Yes SLATON CHEVROLET, INC. " ® h4�a c� 1-1967 Chevrolet 4 Dr. Sedan $2,47D.00 y (Bill to be approved for payment) A motion was made by Commissioner- Brice that the bill be paid. `a ® The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: :K Brice Yes Waiters Yes Marant Yes F RECOMMENDATIONS FROM THE AUGUST 1 meeting of the Planning and Zoning Board ( 2) Mr. b Mrs . Edward L. Miller, 838 N.W. 8th Avenue, request variance in height of fence. Legal: Lot 1, Block 1, Dania Tropical Estates Address: 838 N.W. 8th Avenue A motion was made by Mr. DeMuzzio to recommend a Public Hearing for a variance be held September 12, 1967, at 7:45 P.M. The motion was seconded by Mr. Sessa, and carried unanimously. A motion was made by Commissioner Brice to authorize the public hearing to be held before the Zoning Board on September 12, 1967, at 7:45 P.M. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: • Brice Yes Waiters Yes Marant Yes (3) Public Hearing, 7:30 P.M.: Frank E. Miller b James ® DeCoursey, request three (3) variance permits concern- ing the following: Legal: Lot 1, Block 21, North Hollywood . Address: Corner of Dixie Highway and S.W. llth Street Mr. Loury recommended that, due to the number of objectors (10) the request be denied. A motion was made by Mr . Sessa that the request be denied . The motion was seconded by Mr. DeMuzzio, and roll call vote was as follows: DeMuzzio - Yes Erwin - No Sessa - Yes Schaefer - Yes Mayor Marant requested that, since the Commissioners were holding a public_ hearing tonight on this same matter, they be taken together. P1313LIC HEARING: 8:00 P.M. Application of Frank E. Miller and James DeCoursey for a variance permit concerning Lot 1, Block 21, North Hollywood. -2- A 4. City Attorney Walden read the Notice of Hearing. Mayor Marant called for objections . ® Those objecting were; 1. Elmer J . Heisler, 222 S.W. havin llth Street, objected to g other than single-family homes in that area. n 2. Mr. M. F. Barkwill, 230 S.W. llth Street, objected because in 1951 he was denied a variance on that same aY piece of property. ate` . Mr. DeCoursey spoke to the Commissioners and advised that there g , are many businesses on Dixie Highway. . this building would be around $72 000 on the tax rolls of the City of Dania t He stated that the cost of o $75,000, which would go would also be paying a sewer assessment of pointed out that they p would also be around $1,200. The paying a monthly service charge. Y Mayor Marant questioned Mr. DeCoursey about the Placement of garbage Sa y, DeCourse•Mr. b Y replied that the garbage cans would be hidden from view an enclosure. ti Mayor Marant questioned the roof overhang, Mr. DeCoursey replied that the roof overhand is 4 feet, which would be 2 feet from the sidewalk line; however the roof could be changed ' ® to a flat roof design, which would not be as appealing to view. City Attorney Walden advised that where there are only three commis- sioners present, all three commissioners can table this if they want to wait must vote favorably ; or they • here. until there are four commissioners Mr• DeCoursey; My feeling is this, and I speak for my associate as well as myself, if the Commission should feel that this is a desirable Plan we are more than happy to go ahead and build it. If they think that it is not desirable, if they think that it is an unworthy plan, and they feel that it is going to be a detrement to the area as o to an asset, then of course we are ziot interested in buildingpPosed Mayor Marant advised that it is not a it. Com- munity, but they have to abide by the lawstion of an asset to the O Commissioner Brice asked Mr. Heisler and Mr. Barkwill if the object to this if the zoning were changed to permit multiple and uthe gentlemen adhered to the set-back requirements. Mr. Heisler and Mr. Barkwill both stated they would still 'object. • A motion was made by Commissioner Waiters that the variances be The motion died for lack of a second. granted. A motion was made by Commissioner Waiters that the variance be denied. The motion was seconded by Commissioner Brice. ® Commissioner Brice requested Permissionalong to clarify his second. He but he would not a with the variance to change the zoning, the motion should statetthatvthey will in set-backs. He suggested that asked for. Y will not grant the variances as The roll being called, the Commissioners voted as follows; Brice Yes Waiters Yes Marant Yes i; -3- y yf� f� 3 (4) John P. Carlucci: Request variance to operate car and truck rental. Legal: NEB of NFk of SW' lying East of County Road , '! less S 350' and less State Road, Section 3-51-42. O Address: 714 South Federal Highway. A motion was made by Mr. Erwin that a Public Hearing for a vari- ance be recommended for September 12, 1967, at 8:00 P.M. The motion was seconded by Mr. DeMuzzio, and carried unanimously. ® A motion was made by Commissioner Brice to authorize the public hear- ing before the zoning board for September 12, 1967, at 8:00 P.M. The motion was seconded by Commissioner Waiters, and the roll being called, the commissioners voted as follows: Brice Yes O Waiters Yes Marant Yes (5) Mr . & Mrs. Frank Novak: Request variance to build a carport in front setback. Legal: Block 1, Raulerson Sub. Amended, PB 14-70 8 Address: 21 S.E. 2nd Street. A motion was made by Mr. DeMuzzio that the request be denied. The motion was seconded by Mr. Erwin, and carried unanimously. No action. O (6) Dr. Fred E. Brammer, represented by Harry Hilliard: Request permit to build an addition to front of office. Legal: Lot 7 & S 301 of Lot 6, Block A, Park Hill Amended Address: 230 S. Federal Highway O A motion was made by Mr. Erwin to recommend that the plans be accepted as presented. The motion was seconded by Mr. Sessa, and carried unanimously. Building Inspector Walker was asked for the plans. He stated that he left them downstairs. O ' The order of business was continued until Mr. Walker returns with the plans . (7) Mr. Schaefer read a letter from the Chairman of the Area Planning & Zoning Board requesting the City to appoint ® someone to be submitted to the Governor to be appointed to serve on the Area Planning & Zoning Board. Mr. Schaefer recommended Mr. Harry Loury be appointed: A motion was made by Commissioner Brice to recommend Mr. Harry Loury O to be considered for appointment to the Area Planning & Zoning Board. The motion was seconded by Commissioner Waiters, and the roll being called , the Commissioners voted as follows: Brice Yes Waiters Yes Marant Yes (8) Public Hearing: 8:30 P.M. Joseph Cappuzzi request vari- ance to allow the construction of an office building. Legal: Lot 3, Block 1, St. James Park North Address: Corner of S .E. 14th St. & Federal Highway. A motion was made by Mr. DeMuzzio to recommend that the vari- ance be granted. The motion was seconded by Mr. Sessa, and carried unanimously. -4- ;:.y�s•Fr. _1 iY y�. Mr. Schaefer called for objections. Mr. DeMuzzio read one n objection from Mr. John P. Pollard, 22 S.E. 14th Street. ® City Attorney Walden advised that on variances, the charter permits 4 only the zoning board to hold a public hearing, although it has been t' the custom for the city commission also to hold a hearing. "I don't know how controversial this one is, but if you follow custom you will have a hearing on it, although legally it is not required." i• r • Commissioner Brice: If there are no objections, would we have to hold a hearing? k� Walden: No. Mayor Marant asked if Mr. Pollard was in the audience. He was not. tis A motion was made by Commissioner Brice to':table this until the next meeting and have the City Manager contact Mr. Pollard to see if he wants them to hold a public hearing. v, Mr. Schaefer, Chairman of the Zoning Board, advised that Mr. Pollard • is up north, he mailed in his objection. City Attorney Walden suggested that this be tabled and carried over to the next meeting to find out about the street widening program, or they could approve it subject to that. • A motion was made by Commissioner Brice that this be approved, with the understanding that the 7 foot on Federal Highway be dedidated to the City for the street widening program. The motion was seconded by Commissioner.Waiters, and :the roll being called, the Commissioners voted as follows: • Brice Yes Waiters Yes Marant Yes HILPAMM, INC. 801 South Federal Highway. • Application for Auction License for August 17, 18 b 19, 1967. A motion was made by Commissioner Brice to grant an auction license to Hilpamm, Inc. for August 17, 18 6 19. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: • Brice Yes Waiters Yes Marant Yes Building Inspector Walker has now returned with Dr. Brammer's plans. • (Item No. 6, recommendations from Zoning Board) DR. BRAHMER (permit to build addition to office) ,t A motion was made Commissioner Brice that the plans be approved. The motion was seconded by Commissioner Waiters, and the roll being • called , the Commissioners voted as follows: � Brice Yes Waiters Yes Marant Yes • CORRESPONDENCE: -5- • ■ Mayor Marant presented a letter from the Dania Community Library .4 expressing their thanks and appreciation for including it in this year's budget, for needed repairs to the library, painting, and the purchase of many new books; and extending an invitation to the ® Commissioners to visit the library. sri;%y 1t', Mayor Marant presented a letter as follows: "Gentlemen: Several nights in the last few weeks my wife and I have } ® been unable to sleep until past 12 P.M. because of the loud volume of the music from Pirate Land. Last night, Friday evening, it was exceptionally bad. I realize the music is necessary to their business, but I can't see the need for it being so terribly loud. v, Respectfully yours, Charles A. Gray" k Chief Caracci stated that Mr. Minick stated he would curtail this music � 4. to a minimum. City Attorney Walden presented a letter from the Florida Eadt Coast P.ailway regarding Mr. Martin Steyer who wants to build a nursing r ® home on the West side. Mr. Walden advised that the city agreed to allow Mr. Steyer to connect into the sewer system, and in order to do that he would have to go on the Florida East Coast Railway right of way. The railroad is willingto give the city a if the citywill g Y permit to do that pay for the cost of any supervisory personnel. Mr. Steyer is agreeing to pay for any charges if the city will enter into 9 the agreement. City Attorney Walden advised that if they want to do so, they should authorize the city to enter into an agreement with the FEC RR whereby the city of Dania is given the right and privilege to install the force main crossing the railway property. A motion was made by Commissioner Waiters to adopt a resolution autho- ® rizing the City to enter into an agreement with FEC RR to cross their property to install the sanitary sewer line to Mr. Steyer's nursing home. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Brice Yes o Waiters Yes Marant Yes CY LYNCH, Vice President - Marketing, Pirates World Amusement Center, discuss operations and progress of Pirates O World. City Manager Goldberg stated that Mr. Lynch reggested to be taken off the agenda. No action. THE YOUNG ADULT ASSOCIATION, Re: Junk Cars. O Ihis was tabled for a few minutes until the representative could be present. GILLETTE NEON SIGNS, Application for sign: Wyldwood Bird Farm, 1000 N. Federal Highway. • Building Inspector Walker stated that this is a controversy between this man and his neighbor, and he (Walker) would not care to get in- volved. City Attorney Walden advised that they should request a variance for this. No action. CORRESPONDENCE -6- ty:;x 'uhci' City Attorney Walden presented a letter from the Clerk of the County Commission concerning the ad valorem tax millage and requesting that the resolution adopting that millage for 1967-68 tax roll be sent to a them on or before August 25, 1967. City Attorney Walden presented a letter from the Tax Assessor concern- ing the tax on the Fishing Pier Restaurant. Mr. Walden advised that in the past some of these bills have been paid without question by Mr. Rhodes, and others were paid by the city. One in the amount of $115.00 which the city in years gone by has paid, was not paid this year. He ® stated that he thought the reason for it was that Mr. Heller received substantially identical statements on-his operation of the tackle shop, and he agreed to pay the two statements which he received. So it was felt that Mr. Rhodes ought to be asked to pay his. He advised that Mr. Rhodes is willing to pay the statement if he is informed that Mr. Heller has paid his statements. Mayor Marant stated that Mr. Heller has paid his. City Attorney Walden advised that, regarding the lease of the fishing pier, they had some discussions with the Tax Assessor who thought that the 'value of the entire fishing pier should be placed on the tax roll ® as tangible personal property if the entire pier were leased to Mr. Heller. On the other hand, if Mr. Heller had only the right and pri- viledge to collect the revenue for the pier, with the ownership and possession of it remaining to the City, in that event the Assessor was willing to remove the pier from the tax roll. And after discussion that Mr. Goldberg had with the attorney who represents the tax assessor, ® the assessor agreed to remove the pier this year because there is some doubt either way. However, the lease should be re-written to make it absolutely clear that Mr. Heller is not leasing the pier, as such, but has only the right to collect admission. At any rate, Mr. Walden stated he would re-write the lease and present it at another meeting. ® City Attorney Walden read a letter from Building Inspector Walker regarding the re-roofing of the Old Dania Bank Building in which he stated that he has attempted to get the job done without involving the city in litigation; however, it now appears that legal and judi- cial entanglements are now unavoidable. He submitted estimates on finishing the job, and recommended that Alpha Roofing Company be ac- cepted with the proviso that the written consent of the bonding com- pany be secured before the work starts, so that the guarantee of the bond will remain intact. Commissioner Waiters suggested that they have a meeting between the commissioners, the contractor, and everyone involved. • Commissioner Brice stated that he felt it is up to the City Attorney to determine the responsibility in this case. CITY ATTORNEYS REPORT: City Attorney Walden stated that at the last meeting he reported and an ordinance was passed on first reading concerning the annexation of the property on the other side of the canal. He stated that they were also going to find out whether Pompanette Inc. would also come in. He stated that he will not ask them to pass the ordinance on second reading tonight until they find out for certain about Pompanette Inc. But at the next meeting he may ask them to pass it on second and third reading to annex that parcel. City Manager Goldberg stated that Fleet Transport is also requesting water service, and they want to be annexed to the city regardless of whether or not Pompanette Inc. will annex. CITY MANAGERfS REPORT: -7- Y 1- 47 City Manager Goldberg presented a proposed future plan for the city of Dania, from the Broward County Planning Board. He recommended that this plan be submitted to the Dania Planning & Zoning Board for their study and recommendation, which they should then foreward to the Commission. Commissioner Brice asked that when the Planning & Zoning Board sits down to study this, they invite the Commission to sit down with them. tie felt that they should have a meeting of- minds on this. 0 Robert Houston asked if this plan will be available for viewing by the public. Mayor Marant suggested that the plan be kept in the office of Harry Loury, Zoning Consultant, so that Mr. Loury would be available to answer any question of anyone who would like to see the plan. City Manager Goldberg reported that, in regards to the MARRONE re- quest for SANITARY SERVICE, he was turning over a suggested proposal for applying for new sewer service to the City Attorney to evaluate. City Manager Goldberg presented a letter from FOOD FAIR STORES, INC. , 0 regarding location of a new site in Dania for a new and larger store in Dania. City Manager Goldberg reported that the SANDBLASTING E PAINTING OF THE WATER TANK is in progress at this time The City Engineer reports that the sandblasting is completed and approved by him, and a bill is 0 attached for $1,200.00. City Manager Goldberg requested approval of that bill, to be paid from the Water Fund. A motion was made by Commissioner Brice that the bill ($1,200.00) for sandblasting of the water tank be paid. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners 0 voted as follows: Brice Yes Waiters Yes Marant Yes 0 City Manager Goldberg reported that the City Engineer reports that there is, in regards to the water tower, a very dangerous condition existing in regards to the wiring that goes up to the top of the tank to the light on top. This wiring has been neglected for a number of years , and he recommends that emergency repplacement of that wiring take place. He suggests that a figure of $500 be authorized for that 0 work, to be paid out of the water fund. A motion was made by Commissioner Brice to instruct the City Manager to get some additional bids for this work, and that the wiring be put in, not to exceed $500.00 . The motion was seconded by Commissioner Waiters, Commissioner Brice clarified that motion stating that Mr. Goldberg is to get proposals, but it is not necessary to put them out for bid as long as it is less than $500.00. The roll being called, the Commissioners voted as follows: 61 Brice Yes Waiters Yes Marant Yes THE YOUNG ADULT ASSOCIATION: Re Junk cars. 0 - •Irs . Judean Allen, 715 S.W. Sth Street, Dania, was present representing the Young Adults and stated that they made a survey and disclosed 250 fjunk Cars in an approximately 50-block area, as of August 7, 1967. -8- w 0 She noted that some of the hazards of these junk cars include rats, mosquitoes, snakes, scorpions and roaches. In addition there is the danger of children being cut on broken glass, and jagged metal, locked in trunks and the danger of fire. She stated that the junk cars are also unsightly and depressing to the people in the area. She also stated that the cars are unlawful, and cited ordinance 135 section 16 17, Page 81 entitled STORING OF RUBBISH, AUTOMOBILES, ETC. She also requested that this years' budget include funds for removal of the remaining junk cars, and strict enforcement of this ordinance (135) to prevent recurrence of the piling up of such cars. COMMISSIONER WAITERS: A motion was made by Commissioner Waiters that the Civil Service Plan as presented by the Civil Service Committee be accepted by the City Commission of Dania after having been voted on by the employees of ® the City of Dania, and being approved by a simple majority of 5J,% of the employees of the City. Commissioner Brice asked if Mr. Waiters would amend that to this point that a civil service plan be adopted. "Now the reason is, what are you going to do if there is some slight change in it." Commissioner Waiters agreed to amend the motion to read "a plan" . The motion was seconded by Commissioner Brice, Police Sgt. Lees asked how much time the employees are going to have to study this plan. Mayor Marant replied that they have 5 of these copies now in the Commissioners hands, and he hopes to have at least 20 more copies printed up and submitted to the Department Heads, and then it will probably take a month if now longer. Robert Houston asked if there will be copies available for the citizens. . Mayor Marant replied "Yes sir". Sgt. Lees stated that he would like to see a meeting of the employees so that all of the employees could go over it. Mayor Marant replied "This will more than likely come about." SgV. Lees stated that they would like to have ample time to go over it. Mayor Marant replied that they have not set any time, but they plan on putting it into effect, if possible, around January 1st. The roll being called, the Commissioners voted as follows: Brice Yes Waiters Yes Marant Yes Mayor Marant: We also have a letter here with a "Yes" vote from Commissioner Adams and Commissioner Kelly. COMMISSIONER BRICE: Commissioner Brice: The only thing I would like to bring up is that inasmuch as the other two members of the Finance Committee are not here tonight, we have set a meeting to go ahead and do the work that has to be done on the budget in connection with Mr. Walden. And I would like to have the Commission call a. Special Meeting next Monday night so that we can at that time set a public hearing date. We will have to have a meeting to pass a resolution to advertise it for a phblic hearing. [sir. Brice asked Mayor Marant to call a special meeting for that date. Mayor Marant: I think that, as assistant chairman of the finance co- mmittee, you have a right to call the meeting. Commissioner Brice called a special meeting for 8:00 next Plonday night, with the idea that at that time it be submitted to the Commission for -9- L _ advertising for a public hearing on the budget. Robert Houston asked if the budget will be complete, and if there will be any discussion from the audience on the budget. 0 Commissioner Brice replied that their recommendation will be complete, and there will be no discussion until the public hearing on the budget. "But we hope to have copies of it ready so that you can study it next Monday night." MAYOR MARANT: Mayor Marant read a letter from the Building Inspector requesting that, inasmuch as some of the contractors' boards appear to be undermanned, (examining boards) he requested that these boards be brought up to full working strength by or at the August 21 meeting of the City Commission. 0 Mayor Marant presented a letter from the Florida League of Municipalities announcing a convention to be held October 22, 23 & 24 at the Diplomat Hotel. Registration fee is $35 for men and $25 for ladies. This fee includes luncheon banquet and all entertainment features. Mayor Marant presented a letter from the Firemen's Association Rescue ® unit announcing a convention of the International Rescue Association to be held in Baltimore in October, and requesting that the City send a representative. A motion was made by Commissioner Brice that the city pay for trans- portation and lodging for Fireman Phil Davis to attend the convention. 0 The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Brice Yes Waiters Yes Marant Yes Mayor Marant presented a letter from ALSAC St. Jude Children's Re- search Hospital (Aiding Leukemia Stricken American Children) request- ing permission to solicit funds in Dania on September 23rd and 24th, 1967. Commissioner Brice asked if that needs a motion. City Attorney Walden stated that they have done it in the past, but he didn't think it was necessary if the Commission was all in agreement to let them go ahead. Mayor Marant requested that City Clerk Thornhill send them a letter giving their permission. Charles DeMuzzio, representative of the Dania Planning & Zoning Board, stated that the Board has asked him to request a tape recorder that was approved for purchase three years ago for the use of the Planning & Zoning Board. He stated that they are now using a borrowed recorder. Mayor Marant asked City Clerk Thornhill if it was bought. She replied that it was purchased, but the Chief of Police uses it most of the time. Mayor Marant asked Chief Caracci if he has the recorder. Chief Caracci replied that he does . Mayor Marant suggested that the Chief turn it over to the Planning & Zoning Board. Robert Grammer, from the audience, stated that three years ago when he served on the Commission, that recorder was bought for the Zoning Board. Charles DeMuzzio stated that, regarding the meeting discussed earlier of the Area Planning plan, they are working on a condominium zoning which the City at present does not have. He stated that they would Like to bring up discussion on this zoning at this meeting of the Area Planning Board plan. -10- C. I' Commissioner Brice and Mayor Marant both agreed that the Commission would be available for this meeting as soon as the Commission is through with the budget. Fire Chief Lassiter stated that the SAFETY ENGINEER with the Insurance O Company has contacted him twice about setting up a Safety Meeting with all of the employees and the Safety Committee. He stated that the Safety Engineer would like to have all of the employees available for one meeting. He stated that this meeting would last, at the most, two hours. ® Commissioner Brice suggested that they set up a meeting one afternoon at 3:00 P.M. Chief Lassiter stated that he would contact the Safety Engineer and see what date would be most convenient for him. O There being no further business, the meeting adjourned. O Mary Thornhill City Clerk Auditor O Richard Marant Mayor-Commissioner O O 4i �L