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HomeMy WebLinkAbout31120 - MINUTES - City Commission Yn i Y MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD JULY 5, 1967. ? The City Commission 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 JAMS G. ADAMS GUS S. BRICE ROBERT KELLY BOISY N. WAITERS CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG (ABSENT) CHIEF OF POLICE ANTHONY CARACCI 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. MINUTES: Meeting of June 19, 1967, to be approved. ® A motion was made by Commissioner Brice that the minutes be approved. 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 PUBLIC HEARING, 8:00 P.M. for objections to paving of ® S.W. loth, 11th, 12th and 13th Streets. City Attorney Walden read the Notice of Hearing. Mayor Marant called for objections. Those objecting were: ® 1. Mrs . Walti presented a petition signed by property owners on S.W. 13th Street, objecting to the repaving. 2. Mrs . Masters, 30 S.W. l3th Street, objected to the repaving. 3. Mrs. Joseph, 313 S.W. 13th Street, objected. She stated that the school busses are ruining the street. 4. Mr. Bob Markiewicz, 249 S.W. 13th Street, objected. 5 . Mr. C. F. Hill, objected to being assessed for it. He stated that if the streets had been kept up, they would not be in A their present condition. He added that the street is used for a racetrack, and he would be willing to leave the street just the way it is. He then asked for everyone who would like the street to remain as it is, to stand up. About 30 people stood. A motion was made by Commissioner Adams to leave the streets as they ® are. 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 No -1- c. �r T x A W T: }FF PUBLIC HEARING, 8:15 P.M.: Frank E. Miller & James DeCoursey, request variance. ® City Attorney Walden read the Notice of Hearing, as follows: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida, shall conduct a public hearing at the City Hall, Dania, Florida, at 8:15 P.M. on Wed- nesday, July 5, 1967 for the purpose of considering the ® following: Application of Frank E. Miller and James DeCoursey for a variance permit concerning Lot 1, Block 21, North Hollywood, according to the plat thereof re- corded in Plat Book 4, page 1, of the Public Records of Broward County, Florida, said lands situate, ly- ing and being in Broward County, Florida, being to-' cated on the corner of Dixie Highway and Southwest llth Street, Dania, Florida, which, if granted, will permit a six foot variance and a nine foot variance on the Northwest corners from setback requirements with regard to proposed construction on said pro- w perty. All persons objecting to the granting of the aforesaid variance permit should appear at the aforesaid hearing to present their objections. /s/ Mary Thornhill, City Clerk-Auditor " O Mayor Marant called for objections. Those objecting were: I. Mr. Barkwill, 230 S.W. llth Street 2. Harold Schaefer, Chairman of Dania Planning E Zoning Board, stated that their approval of the setbacks on O this was made through a series of misunderstandings. He stated that the property is zoned R-2 which allows single family and duplexes only. "Under the circum- stances, and the complaints I have had personally about it, I would like to withdraw the Zoning Board's approval of the setbacks." He stated that it would have to be O rezoned. Mr. Miller and Mr. DeCoursey stepped forward and explained that they had a public hearing before the Zoning Board, and at that time they had complete approval from the Zoning Board for this building. He stated that they went through considerable expense O getting the plans drawn up and getting the financing. He added that the reason they did not go for the rezoning was on the advice of the Zoning Board Consultant. "He suggested that rather than ask for a rezoning, to apply for it on a variance." Commissioner Brice advised that if they grant a variance on the set- back, it is still not going to allow them to build anything but a duplex on that-property. City Attorney Walden stated that in his opinion the Zoning Board was in error and he recommended that the: Zoning Board give Mr. Miller and :,Ir. DeCoursey a special hearing. i Mr. DeCoursey questioned how one man (Mr. Schaefer) could come up here and say that the entire Board objects to this, without a public hear- ing. He added that they went through one hearing and got approval. City Attorney Walden suggested that they apply for a change of zoning, and at the same time apply for a variance in the setback. He sugges- ted that Building Inspector Walker set up a meeting in the next day or so with Mr. Loury, Mr. Schaefer, Mr. Miller, Mr. DeCoursey, and himself. -2- ALCOHOLIC BEVERAGE LICENSES (1) Transfer 4 COP License from Frank Heinrich to ® Anthony Barcelona and Alexander A. Curcio, Jr. , 1120 S. Federal Highway. (Second Reading) (2) Transfer 4 COP License from Emile LeMerdy and Denis Rety to L'Auberge Bretonne, Inc. , 400 East Dania Beach Boulevard. (Second Reading) (3) Transfer 2 COP License from Vincent Nucelli to Jacques Jasmin, 324 South Federal Highway. (Second Reading) Chief Caracci stated that the one at 1120 S. Federal Highway, A and the one at 324 South Federal Highway, are approved by the Police Department . He advised that t}e y are waiting for two cards to be returned from Washington on 400 East Beach Blvd. A motion was made by Commissioner Kelly to approve applications No. 1 and 3, on second reading. The motion was seconded by Com= ® missioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes ® Waiters Yes Marant Yes A motion was made by Commissioner Brice to table application No. 2 until they get approval from the Chief of Police. 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 Mayor Marant: Chief Lassiter, would you come up to the microphone please. Chief Lassiter stepped forward, and Mayor Marant presented a plaque, ® saying: It took a while to get here, Chief, but this is to-te presented to the Fire Chief, year 1967, for 10 years of faithful service." RECOMMENDATIONS from the Planning & Zoning Board minutes of June 27, 1:67. (1) Warren & Vinia Pickering, final approval of plans. Legal: Lots 6, 7, 8, 9, 10 & 11, Larsen's Sub. Address: 309 S. Federal Highway. A motion was made by Mr. Erwin to approve the plans with the corrections noted on said plans. The motion was se- conded by Mr. Byrd, and carried unanimously. Pi o action. (2) Joseph Cappuzzi, requests approval of plans for office building. Legal: Lot 3, Block 1, St. James Park North. Address: Corner of S.E. 14th St. and Federal Hwy. -3- A motion was made by Mr. DeMuzzio to table this until the next meeting (July 11, 1967) at which time Mr. Cappuzzi will present correct6d parking plans. The motion was seconded by Mr. Byrd, and carried unanimously. No action. (3) Mr. 6 Mrs. Max Billig, 5225 Collins Ave. , Miami Beach, request permission to change 3 existing lots into 2 lots. , Legal: Lots 7, 8 6 91 Block 1, Victory Heights. Address: Phippen Road between 4th Street and 4th Place. A motion was made by Mr. DeMuzzio to table this until further notice. The motion was seconded by Mr. Byrd, and carried 49 unanimously. No action. (4) Report from Building Inspector Walker: Mr. Walker stated that he received a call from Mr. Frimett, Architect, re- ® garding the South Broward Medical Building, S.E. 6th St. , and Federal Hwy. Mr. Walker stated that there is, up above the sidewalk, and encroaching over the sidewalk, an over- hang. They want permission to extend this overhand a couple inches more. ® The Board agreed that they would like to see it first. No action. No action. (5) Building Inspector Walker presented plans of.Jake Crouch to add an addition to the storage room at Skinner's Yacht a Basin, Cozy Cove Marina. Legal: Lots 1 thru 21, Block 1, Poinciana Park. Address: 300 N. Federal Highway. A motion was made by Mr. Erwin that the plans be passed as presented. The motion was seconded by Mr. DeMuzzio, and 0 carried unanimously. No action. (6) Building Inspector Walker stated that at 801 S. Federal Highway, there was once an orange mill. That building ® is at present being used for furniture storage. A man wants to rent that building now and use it for a plumb- ing wholesale warehouse. The zoning is proper, it is B-2: The furniture will be removed, and all plumbing supplies will be contained within the building. ® The Board una,imously agreed that it could be used for plumb- ing wholesale warehouse if all storage is contained inside the building, and no storage racks outside. No action. 6 (7) Building Inspector Walker submitted a written report regarding Dorsey B. Collins, and asked that it be in- cluded in the minutes, as follows: "June 15, 1967. There appeared on my desk today duplicate sketches :10 entitled "Addition to Building for Mr. D. B. Collins, at 137 S.W. lst Court, Dania." (continued) -4- ;� .. r,. R zz W Comments: (1) The floor area is insufficient. The minimum floor area for a one family house in this zoning is 800 sq. ft. The combined area of the so-called garage ® and its addition would be 480 sq. ft. (2) The floor elevation is too low. It should bea minimum of 18" above the crown of the street. (3) The walls do not follow good construction pro- 7.7 cedures in that exterior wall should be of 8" concrete r` block, firred, lathed and plastered. (4) The relationship between the number of sq. ft. of window as compared to the floor area of the original build- ing is wrong. It must be at least 12Voo- '""` (5) The floor area of the two -supposed bedrooms must be at least 100 sq. ft. and the minimum width is 8 feet. r (6) The plans as shown and construction as shown do ® not meet the approval of the Fire Chief. s' (7) I recommend that the plans as shown be disapproved. (8) I recommend that the building be demolished. /s/ Hubert C. Walker " r-a �- u A motion was made by Mr. DeMuzzio to follow Mr. Walker's re- commendations Y � - fully, that this man should be evicted from the property, and the property should be demolished. The motion was seconded by Mr. Byrd, and carried unanimously. Attorney A. Black was present representing Mr. Collins. He stated that he didn't know about this meeting before the Zoning Board, but • Mr. Collins has left the city temporarily. He added that he has re- ceived from Mr. Collins an understanding that when he returns to the city he will complete the building in accordance with the specifica- tions of the City, the square footage, and whatever else needs to be done. Mr. Black asked that no action be taken to demolish this. • City Attorney Walden asked if Mr. Collins will agree not:to resume living there when he returns. Mr. Black stated that he will catch Mr. Collins when he comes back and see to it. • Commissioner Brice stated that it is a combination of a lot of mis- takes and errors on several peoplets part. He added that if Mr. Collins would use that building for what it was originally supposed to be. . .a garage. . .and not try to make living quarters out of it, he would recommend that the Commission not ask him to demolish it. "But if he is going to use it for a garage, that the plumbing be • removed from it so that there will be no temptation to use it as living quarters-" Mr. Black agreed that there have been mistakes. He stated that Mr. Collins informs him that he (Collins) intends to go on and reconstruct that building by adding whatever is necessary to meet the specifica- • tions for building. Mr. Black stated that Mr. Collins will be gone for about 30 days. A motion was made by Commissioner Brice to authorize the City Attorney to send a letter to Attorney Black advising him that Mr. Collins is not to reoccupy that building until satisfactory arrangements are made; aq and with this recommendation, to withhold the demolition of the build- ing, upon the advice of his attorney. City Attorney Walden suggested that they reverse that and have Attorney Black write the letter to the City stating what Mr. Collins is willing to do. Attorney Black stated that he would rather have Mr. Walden tell Mr. Collins what he canit do. -5- • Commissioner Brice disagreed, stating that the City ought to advise Mr. Collins that in the event that this building is re-occupied, the building will be demolished. ® Mr. Walden suggested that Building Inspector Walker just discontinue '`- the water service and electric service to the building, then Mr. Collins will be unable to occupy it. Mr. Black agreed to this. s:r a, A motion was made by Commissioner Brice to instruct the City Attorney ?•• to write a letter to Judge Black advising him that Mr. Collins is not ® to reoccupy the building until satisfactory arrangements are made; to withhold demolishing of the building; and to instruct the Building ' Inspector to discontinue electric and water service. The motion was :au seconded by Commissioner Adams, and the roll being called, the Commis- sioners voted as follows: B Adams Yes Brice Yes j.< Kelly Yes Waiters Yes Marant Yes Mayor Marant stated that, going back to Item No. 6 of the Zoning Board X, minutes, regarding the storage of wholesale plumbing, City Clerk Thorn- hill has just advised him of the section of the ordinance which pro- hibits that type of business in that zoning. CITY MANAGERS REPORT: City Manager Goldberg being absent, Mayor Marant presented the items for the City Managerts Report, as follows: Mayor Marant presented a letter from Mr. Haliburton, Vice-President and Trust Officer of the Dania Bank, in which was included a bill in ® the amount of $1,500.00 which represented 2�% of the approximately $60 ,000 earned for the City by investments over a period of years, This bill for $1,500 is for investment services. Commissioner Brice asked if there was an agreement made with him when he was set up as trust officer for the sewer fund. • City Attorney Walden replied, no, they just stated "reasonable compen- sation" . Commissioner Brice asked Mr. Walden if that is a reasonable charge. • City Attorney Walden stated that it is normal, it is like an attorney fee, just a rough rule of thumb. Commissioner Brice: Well, if there was no set fee in the bonding pro- gram at the time it was started, and none of we commissioners know, because we were not here at that time, and it was just set at a rea- sonable fee. . . A motion was made by Commissioner Brice to pay the bill. The motion ` was seconded by Commissioner Waiters. Bob Houston, from the audience, asked what is the charge that has been 43 paid to the Dania Bank. City Clerk Thornhill replied that the only thing we have been Saying them is a service fee of 5C for each coupon, and a minimum of �5.00'. on the maturity of the bonds: . . ® Robert Houston replied that maybe they are entitled to this, "But I don?t know of any bank in the country having the access to the funds r _6_ I t :f f; that the Dania Bank has in city funds to then charge for something like this." City Clerk Thornhill stated that the Guaranty Trust Company of New York handles our water revenue bonds, and the only thing that we pay them is 5¢ for each coupon, and a minimum of $5.00 on maturity of bonds . City Attorney Walden suggested that perhaps they should table this. ;,,.:... Commissioner Brice withdrew his motion. Commissioner Waiters with- i drew his second to the motion. A motion was made by Commissioner Brice that it be tabled until the City Clerk and the City Attorney can get with Mr. Henann of the Bond- _,rss ® ing Company. City Attorney Walden suggested that they invite Mr. Haliburton over to the next meeting, then anyone who opposes it can question him. Them Mr. Haliburton can present his argument on it. of+' ® Commissioner Brice: I think Mr. Walden's suggestion is the best. a •jr; We dontt need any motion. We will just turn it over to you (Walden) and ask Mr. Haliburton to appear here. Mayor Marant read a letter from William Carney, Sewer Plant Super- intendant, regarding extension of sewer system to Louis Marrone • Subdivision, advising the estimated cost for such extension. Total estimated cost-- $9,400.00. Estimated assessment = $10,839.70. Commissioner Brice: When Mr. Marrone put up that bond, wasn't it agreed that he would put in this sewer, and then dedicate it to the City, like in any other subdivision? And pay the assessment. I think if we go back in the minutes we will find that is the case. City Attorney Walden: Thatts my recollection. Commissioner Kelly stated that he spoke to Mr. Carney when he wrote this letter. This is to extend down to pick up the marina. What I ® understand,it is to go down and pick up some other lots, but it goes down to the existing marina. Mayor Marant stated that the letter says that Mr. Marrone would like the City to put in the sewer lines, and he will sign an agreement that he will pay for it in full as soon as completed. 0 John Farina, City Engineer, stated that he spoke with Mr. Carney this morning on this letter. This letter does include running from a man- hole that would be extended at no charge to Mr. Marrone, from the alley between Second and Third streets on Fifth Avenue to Third Street and 5th Avenue (Northeast) . This cost picks,:up there, and it runs over to ®1 catch the marina, and also runs up 5th Avenue to Sth Place in front of the new subdivision up there. Thatts what this cost estimate is based on. So it does include the new subdivision, and also includes a line that runs over to pick up the marina. "I believe he posted a bond to pick up and install the sewers in his subdivision only. But this picks up not only his subdivision, but two lots which lie East of the sub- division, and it also picks up the marina, for which he has not to my knowledge posted a bond." Mr. Farina continued that he has spoken to Mr. Marrone, and he said that he would be willing to put the sewers in at his cost, or have the City put the sewers in and then he will be assessed. He didn't want to do both, pay the assessment and put the sewers in . Mr. Farina suggested that an egI&able arrangement would ® be to let him (Marrone) put the sewers in, End let him pay the differ- ence between what it would cost the city to put the sewers in, and the $; •10 which everybody else in the City pays. -7- �. '7 - 5• `7 a City Attorney Walden suggested that, within the next week or so, the proper committee meet with Mr. Farina and himself and see if they cannot finally work out a system for these things, as there are others who indicate a desire to connect to the sewers. Commissioner Brice recommended that Mr. Marrone's request be tabled at this time, and then they could check the agreement and see what 3„ kind of equitable arrangements can be made. City Attorney Walden suggested that a meeting of this committee be 0 held at 8:00 P.M. Tuesday, July ll, in the conference room. And that the public be invited to attend: Mayor Marant presented bills from Broome 6 Farina, as follows: Miscellaneous consultation meetings, from ® January 1, 1967 to April 7, 1967; P 90.5 hours @ $12.50 per hour: $1,131.25 Miscellaneous consultation meetings, from April 8, 1967 to May 30, 1967: 749.50 Work in connection with painting of water ' storage tank: (7% of bid) 641.20 • Revise city water map: 231.50 Work on contracts 6 specs for extension to water system: 492.25 Total $3,245.70 City Attorney Walden stated that he thought some of these bills ® should be paid out of the sewer fund, and they ought to be separated from the rest. The Commissioners agreed to pay the following: Work in connection with painting of water • storage tank: $641.20 Revise city water map: 231.50 Work on contracts 6 specs for extension to water system: 492.25 Total ;364.95 ® A motion was made by Commissioner Brice to pay the three bills total- ling $1,364.95. 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 Mayor Marant presented the recommendation from City Manager Goldberg • on the awarding of the contract for chemicals for the water plant. The recommendation is that the bid be awarded to Aquachem. A motion was made by Commissioner Brice to award the contract to Aquachem. 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 Mayor Marant presented a bill from Charlie McDaniel, All Construction Company, for miscellaneous lateral work in connection with 'the sewer system. -8- • Mayor Marant advised that City Manager Goldberg sent a letter to Boyd Bonding requesting they pay this bill, but he has not received a reply as yet. Marant suggested that the City pay Mr. McDaniel and try to collect from the bonding company. A motion was made by Commissioner Kelly that a resolution be drawn and passed requesting the bank to pay this out of the Sewer Construc- tion Fund. 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 Mayor Marant presented the recommendation from City Manager Goldberg on the awarding of the contract for removal of junk cars. City Man- ager Goldberg recommended the low bidder, Marvin}s Used Truck Parts, for $10.00 each car with wheels, and $12.00 each car without wheels. City Attorney Walden stated that he received a call from Hi-King Com- pany. He stated that that company is willing to do this for a much lesser amount, and he suggested that they be allowed to give their proposal. Hyram King, 3501 N. State Rd. 7, was present and stated that he would remove the cars for $5.00 per 'vehicle. A motion was made by Commissioner Brice to reject the bids received, as they are too high. 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 City Attorney Walden suggested that they allow this man (Hi-King) to remove the cars on public right of ways. He advised that they could do it without bids if they authorize the man to remove 100 cars at a time, at $5.00 per car. Then the cars that are on private property could be negotiated between Mr. King and the property owner. A motion was made by Commissioner Kelly to authorize Hi-King to remove vehicles from public street @ $5.00 per car, up to 100 cars, subject to approval by the city of his insurance. 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 Mayor Marant presented a letter from the Area Planning S Zoning Board, requesting City Manager Goldberg to attend their meeting. Since Mr. Goldberg is on vacation, Mr. Marant requested that either Harold Schaefer, Chairman of the Planning & Zoning Board, or Harry Loury, Zoning Constl- tant, attend that meeting. Mayor Marant asked City Engineer Farina if he has a report on the con- dition of the Fire Station. Mr. Farina stated that he has no new re- port since the last one he presented. Mayor Marant suggested that Fire Chief Lassiter get together with John Farina and advise the con- -9- YY , W tractor of the work that needs to be done. ., Mayor Marant stated that he was advised by the Public Works Director, Mr. Petrozella, that he received a request from Pirates World for gar- bage pick-up service. Commissioners Adams and Brice suggested that Mr. Robertson be informed to do as the other commercial establishments in the city. +c Mayor Marant stated that he has received complaints from members of the Police 6 Fire Departments regarding the resolution that was passed re- 0 cently regulating sick leave. He felt there might be some misunderstand- ing, and he suggested that a meeting be held of the Police b Fire Commis- sion to go over it once again. Mayor Marant asked the Commission to authorize a letter be sent to the Hollywood Police Department for helping our police Department yester- ♦ day with the 4th of July celebration. Also, a letter to the City of Dania Police Department, the Dania Fire Department, the Dania Public ' Works Department. Commissioner Brice suggested a public notice that our employees did a very outstanding job yesterday in all phases. "Many men worked long • hours without additional compensation for the good of the City. That is the kind of co-operation and spirit that will make Dania go forward-" Bill Rhodes president thanks to the members off e theCommission, the Police Dania Chaber of eDepartment,lethe heir Public Works, the Fire Department and the Recreation Department. • Commissioner Brice, as Utility Committee Chairman, recommended that the City Manager prepare a list of the buildings owned by the City where sewer connections are to be made. He suggested that they then adver- tise for bids to connect these buildings. ♦ Commissioner Kelly suggested that Building Inspector Walker also work on this list. Commissioner Adams presented an easement from Mr. b Mrs. Zary Thorn- hill. • City Attorney Walden stated that Mr. Thornhill is willing to give this easement to the city to service another lot, if the city will not make an assessment for that lot. He stated that the assessment would be $305.00, and if the Commission decides to acquire that easement by condemnation it would cost them more than the $305.00. So if they are willing to make that agreement, they have a right to do so. He advised • that it is legal to do it, and it is the cheapest way. A motion was made by Commissioner Adams to authorize a resolution be drawn and passed to accept the deed from Z. A. Thornhill, and exempt one 501 lot. 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 Mayor Marant extended thanks to Commissioner Waiters for the work he did on the proposed resurfacing of the streets in the Southwest section, although it did not go through. i - -10- J pm AII Z. ACKI TAB' ��tl Mayor Marant stated that the Mayor of Hallandale came upon a very good idea in forming a two-hour conference each Friday with the t" r citizens of that city. He stated that he would like to institute the same thing, only it will be a Mayor-Commissioner's conference, ® and he invited any of the other Commissioners to sit in on the .;, meetings from 1:30 to 3:30 P.M. each Friday beginning this coming 4' Friday. He stated that he is willing to and see how it works. try it out for a while JJ 4 ; l� There being no further business, the meeting adjourned. N x- r + TfMary Tn nnill xr ;y 6 City Clerk-Auditor 4- J^Sze • c ALL—'%_�t Richard Marant Mayor-Commissioner • O -11-