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HomeMy WebLinkAbout1967-05-01 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING, CITY COMMISSION,,'CITY OF DANIA, FLORIDA, HELD MAY 1, 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 JAMES G. ADAMS GUS S. BRICE ROBERT KELLY BOISY N. WAITERS CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG CHIEF OF POLICE ANTHONY CARACCI (ABSENT) BUILDING INSPECTOR HUBERT WALKER CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 by Mayor Marant, after which Invocation and Pledge of Allegiance were held. MINUTES of April 17, 1967 to be approved. A motion was made by Commissioner Brice that the minutes be approved as read. 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 ORDINANCE: Changing the zoning classification from A-1 to A.P.1 Amusement Park District, certain property located in Section 2-51-42. (Pirates Port of Florida, Inc.) (Second Reading) City Attorney Walden read the ordinance Entitled: AN ORDINANCE changing the zoning classification of the here- inafter described property from A-1 zoning classification to A.P.-1 Amusement Park District zoning classification; and providing that all ordinances or parts of ordinances in conflict herewith be repealed to the extent of such conflict; and providing that this ordinance shall be in force and take effect immediately upon its final passage and adoption. t Commissioner Brice asked if it would be possible to pass this ordin- ance on second and third readings tonight. Mr. Walden replied that they could by unanimous consent of all commissioners, and he would have to read it again. He suggested that they make a motion to pass it now on second reading, then he would read it again for third read- ing. A motion was made by Commissioner Brice to pass the ordinance on se- cond reading. The motion was seconded by Commissioner Adams. Mayor Marant asked Mr. Robertson if they have completed the list that the City Engineer and Building Inspector had drawn up. Mr. Robertson: To the best of my knowledge they have, with one ex- ception. The City water was not approved until early Friday morning. The samples of the water have been sent on to the State Board of Health, but they are not back yet, to the best of my knowledge. Mayor Marant: How about the Australian Pines? -1- iKlt': C. T. Robertson: They are gone. Mayor Marant stated that he voted against this change of zoning at the last reading, but he was going to go along with it at this read- ing because of the fact that the City has only issued a temporary certificate of occupancy to the amusement park, and they can hold up the permanent certificate until these things are completed. "We just want to go on record that we are not backing down on the things that we have asked to be done over there. These things will be done be- fore you are issued a permanent certificate of occupancy" . S Mr. Robertson stated that Mr. Farina is going to meet with him next Thursday for final inspection. Mayor Marant asked Building Inspector Walker to be there on behalf of the City. ® City Attorney Walden asked if the present assessment roll includes this land. Commissioner Brice: That's the $6,000.60 that was agreed to be paid on the area that would be adjacent to Sth Avenue, that is in this de- scribed property. Now, their assessment on the land to the West of that, down by Olsen School, is already on the assessment roll. The only area that is not on the assessment roll is that unimproved land that is not being served by any sewer connection, both to the West and to the North. Now, I have personally checked this out. City Attorney Walden: All I want to make clear is that I have not prepared any agreement with Mr. Robertson adding any lands to the assessment roll. If the proper lands were picked up in the initial roll, prepared initially by Broome & Farina, and that includes every- thing that ought to be assessed, then there is nothing for me to do. s City Attorney Walden: Now with respect to all property generally that were advertised on the initial assessment roll, where we went through the hearing procedures and giving everyone the right to ob- ject and that sort of thing, once we certified those properties as being subject to the lien, I'm talking about the entire city, then the lien took priority over any existing mortgages;and where by agree- ment we are simply saying that we will have a lien on a piece of pro- perty, I think any mortgages would come ahead of us. And I think you told us there were no mortgages on this property. We will have to have subordination agreements then or some kind of title certificate. Mr. Robertson: Well, we agreed to pay that within a year. You can draw it up that way. Instead of taking the full 10 years. That was the agreement we made. Mr. Walden: Right, but I need to know, though, that that lien is a first lien, and one way I will know that is if any existing mortgages subordinate the cities sewer lien. I think I understood from you that there were no mortgages at all. Mr. Robertson: There is none on the park. Mayor Marant: Let's just pass-this on second reading tonight until you get this straightened out. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes S Waiters Yes Marant Yes -2- Fit7 S SY , t gy a T:I MR. H. C. MINER: Discuss leasing or renting on a month� to month 1 th basis, Lots 1, 2, 3, 4, Block 172, a -Hollywood Central Beach, for a small, light marine shipping facility. (This property 18 is located West of Marine Life on the intra- coastal waterway.) 'z City Attorney Walden stated that he understood from the conference before this meeting that this item will not come up tonight because the gentleman is going to find out more about the legal description. A k+d+6t a A No action. MR. WILLIAM DUBUSKY: Discuss condition of S.W. 7th Street. x F� Mr. Dubusky stated that Commissioner Waiters came down to his house ® last Friday and talked this over, and they pretty well straightened :y it out. He stated that Commissioner Waiters promised he would take fill,, care of it. . a e Commissioner Waiters stated that the Public Works department is now in the process of putting a swale in there. °s A No action. WALKER INSURANCE ASSOCIATES, INC.: Following bills to be approved for payment: ® Comprehensive General Auto Liability $10,714.00 Workmen's Compensation 9,004.00 False Arrest 750.00 MYRON L. WALL INSURANCE AGENCY, INC. : Following bill to be approved for payment. A Final Audit on Workmen's compensation policy $5,547.00 Commissioner Brice asked, on the final audit bill of $5,547.00, can the City Clerk tell us what period of time it represents. "We have received a rebate last year of something over $4,000. I didn't know A that we have had any experience that would put our claims up to this point-" Mary Thornhill, City Clerk: Actually, Mr. Brice, this is an audit on the workmen's compensation from January 9, 1966 to January 18, 1967. That covers the payroll of all the City employees, and is broken down A by the type of work that each one does. And I think you are aware that last September raises were provided in the budget for all employees. And we do have more employees on the payroll. And each year this has been going up. Because of the good risks that we have had in the past, on the prior years audit we received $4,000 and some odd dollars as a refund. That was on the period from 1965 to 1966; after the final A audits were made. And you always have to pay an additional premium because the premiums are based on your payroll, and after this premium is paid, if our risk is such, we should get a refund on this one some- time during the year, the same as we did last year. This was written on a 3 year retroactive plan. Commissioner Brice: Inasmuch as we:--are changing insurance carriers on this workmen's compensation, would we lose this rebate? Mary Thornhill: I don't know, Mr-Brice. But I don't see where that would affect it, because it was based on your experience during this policy period. And I don't see where it would. Of course, I can't A speak for the insurance company. Commissioner Brice: I've got one other question. I noticed that Walker Insurance associates has presented us with bills here for -3- ID Comprehensive General-Auto Liability, Workmen's Compensation, and False p Arrest, have we received a statement t�� from them stating what the actual insurance on the other items? At the time that we took this up, they were to present to us a final statement giving us the exact dollars and cents of the insurance, such as the volunteer fire- men, fire and windstorm insurance on our Public buildings) and those Other items. Have You received that Mr. Goldberg? City Manager Goldberg replied that he had not. Commissioner Kelly: Have you checked these over, Mr. Goldberg? City Manager Goldberg: No, I haven't. Commissioner Kelly: This False Arrest, I notice they have a Hull, & Company, here; is 'this a sub-carrier, or something? It's written under the St. Louis Fire & Marine,but it is countersigned by Hull & Company, 5­ Inc . 4V., Commissioner Brice: That's probably their agent. ` Now we all know that this $750.00 is not the final figure on False Arrest. It is based on the number of policemen. a- 0ti Commissioner Kelly: $50.00 per full-time officer, $25-00 per auxiliary officer, and $15-00 for all other. Now, I don't see any thing that shows who all are covered. list or any- Commissioner Brice: Well, it was my understanding that we were to sub- mit to them a list Of our full-time officers, our auxiliary Police, and others that were to be covered; ouch as lifeguards, who do have certain arrest powers, which are covered under the $15.00 clause. I would like to propose that we approve this with one stipulation that it be checked over to see that it is in line with the Proposal that was presented to the finance committee by Walker Associates, by the City Manager, the Finance Chairman, and the City Clerk, before final payment is made. A motion was made by Commissioner Brice to approve the bills of Walker Insurance, with the stipulation that they be checked out by the City Manager, The Finance Committee chairman and the City Clerk, before final payment is made; also to include the payment of the final audit to the Myron Wall Insurance Agency. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes City Attorney Walden stated that about two weeks ago Mr. Carl Scillia called him. He was very upset and concerned because he had been unable to obtain a response from the City as to the action to be taken over an alley that was paved, and according to Mr. Scillia is behind his home. He states that the alley was repaved substantially different from what was there to start out with. Mr. Scillia was also concerned about the drainage. Mr. Walden stated that he (Walden) asked Mr. Carney to give him a report so he would answer Mr. Scillia, and Carney did send a let- ter that he wrote last June to Mr. Barry asking about the paving. He RB stated that there is a Postscript on the letter signed by Mr. Barry that said that the quality of the paving that was installed after the job was the same as was there before. Mr. Walden stated that he does not have a full report on the drainage; Mr. Carney told him (Walden) that he was going to wait until after it rained. Mr. Walden introduced Mr. Mort who is here tonight representing Mr. Scillia. ::r- Abrams stated that Mr. Scillia resides at 40 S.W. 4th Street, Dania, and has had a problem with the drainage in the alley behind his home, which has Persisted ever since the installation of the sewer line bbhind his home. -4- �. r>;zi Mr. Abrams continued, there was a certain existing elevation on the street for proper drainage, but since'-.the installation of sewers every time it rains Mr. Scillia has a serious� water condition in his leading y� yard g up to his driveway, almost clear to his home. The result is that he cannot park his car in the driveway without stepping out into water. This condition did not exist prior to that time. "Almost a year u� ago, back in July, 1966, Mr. Scillia addressed a letter to Mr. Goldberg, City Manager, in which he called the cities attention to the fact that the original street was slag seal paving." Mr. Abrams sated that he called on t, and is now he City Manaced ger and ® with regards to this several weeks a=; go, and was referred to Mr. Carney, who told him (Abrams) that he would personally investigate the condi- tion, and would advise him as to what disposition could be made of it. F* Subsequently, I heard nothing further from Mr. Carney. Therefore, on 't`' April 14 I addressed a letter to Mr. Goldberg again reminding him that w I had been in to see him and I had nothing further." He stated that they have had no definite committment from the City as to what can be k ;+ done, or will be done. "Therefore, gentlemen, we submit the proposi- ;u;, z tion for your consideration at this time. I think we are entitled to an answer, and we would be appreciative if we could have one" . City Attorney Walden: Mr. Mayor, you have asked me if I can make any 4 suggestions. The only suggestion I can make is that I agree with Mr. Abram, his client is entitled some kind of answer. And I think the City Manager should instruct Carney to give a written detailed answer before the week is out, or whatever time you think is reasonable. Commissioner Brice: Mr. Walden, I agree with this in substance, but �► I think, that we could go one step further. As most of the people in the audience know, and all you Commissioners know, we have not accepted the surface work from the contractor. I think an answer from Mr. Carney - is fine, but I think we need to go further with that, and instruct Mr. Carney to get Mr. Barry, who represents Philpott, Ross E Saarinen, and Mr. Farina, who represents Davis & Craven, and go and check this accord- ing to the pictures that were taken prior to the beginning of this sewer t project, and then come up with a mutual understanding as to what is to be done. Because, personally, I do not feel that the City should assume the liability for going there and saying "We-.are going to do this; if we have some recourse on the contractors. City Attorney Walden: You are right. I think Mr. Abram's client will be satisfied if you for certain and definitely meet where he could be present and go through these photographs. It seems to me that a lot of this could be resolved if you could just get together. Mr. Abrams: That's right, Mr. Walden. In other words, we have no direct grief against the City, but the City certainly is our representative in any relationship with the bonding company or the contractor. All we expect of the City is to help us by representing us in this situation. City Attorney Walden suggested that City Manager Goldberg set up a meet- ing with Mr. Carney and Mr. Barry with pictures of this particular alley. Mr. Goldberg: Certainly, we will do that. CITY MANAGER'S REPORT: City Manager Goldberg recommended, on the paving of S.W. 8th Avenue, the contract be awarded to the low bidder of Hardrives Company for $4,181.55. Commissioner Brice: Mr. Goldberg, was there a time limit on that, in the specifications. Did we specify a length of time. Mr. Goldberg: I don't have the specifications here. ti� A motion was made by Commissioner Waiters to adopt and pass a resolution to proceed with the paving of S.W. 8th Avenue, and award the contract to Hardrives for $1,181.55 . The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® City Manager Goldberg stated that the Sewer Superintendant has recom- mended the awarding of the power rodding equipment contract to O'Brien Manufacturing Company, for $1,585.00. Mr. eoldberg stated that there is a $90.00 difference between this one and the other bid, but this is the item that meets the specifications and requirements of the ® Sewer Superintendant. Mayor Marant: In other words, you are not going to accept the low bid? 3 City Manager Goldberg: Thatts the recommendation, yes. ® Mayor Marant: For what reason? Commissioner Brice: Basically it is a difference in design of the equipment; and after checking it over from the Sewer Superintendant, one piece of equipment is belt driven, and one is gear driven. Now that is basically what it amounts to. The Sewer Superintendant feels 0 that the gear driven equipment would work more satisfactory;yand would be less maintenance cost. At the same time, the belt driven equipment carries a specification of 2� horsepower engine on it, where the gear driven equipment is 3 horsepower. City Manager Goldberg stated that actually the specifications call for 0 a 3 horsepower engine. City Attorney Walden: Then really the low bidder did not meet the specifications. A motion was made by Commissioner Brice to approve the awarding of the ® bid to the O'Brien Company for the rodding equipment for the sewer de- partment. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes 0 Kelly Yes Waiters Yes Marant Yes City Manager Goldberg recommended the awarding of^the purchase of a truck for the Sewer Department to Powell Motor Company, for $2,785.01. 0 Commissioner Brice stated that at the time these bids were opened, he made the comment that he thought these bids were a little high, but after checking them over, there was some extra equipment, such as a winch, and different power equipment on it. mg A motion was made by Commissioner Brice to authorize the City Manager to award the bid to Powell Brothers. The motion was seconded by Com- missiongr Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes ;0 Brice Yes Kelly Yes Waiters Yes Marant Yes -6- s. City Manager Goldberg: In regards to some of the sewer problems of the laterals not being low enough, we came across one particular pro- blem where a lateral was discovered that was not low enough for Mag- nolia Apartments to tie into it. The sewer superintendant contacted the bonding company engineer and he went out and agreed that it was not as low as it was supposed to be under the terms of the contract. And they did order a plumber to go out and start lowering it. As he was digging it out, the plumber in the meantime continued to lay his 'l lines to the point where the lateral would be. However, upon excava- ..: tion, they found that there was a telephone conduit there which pro- hibited their lowering of this line. As a result, the yard was torn up there, and they had no place to connect in. I therefore authorized the plumber who was doing the job for the Magnolia Apartments to pro- ceed and lay pipe over to the end of their property at a different location, and tie'.into a stub which was already used to connect some other building. I told the sewer man that I would assure him that either the bonding company or the City would pay it. However, since we hre having a delay with the bonding company, I feel that the City - •`= should pay this bill, and then collect it back from the bonding com- ,w7 pany. It is $231.00 to Tom Joyce. r' City Attorney Walden: That would have to paid out of some sewer fund p , t, account. A motion was made by Commissioner Adams to pay this bill, with the stipulation that they try to get the money back from the bonding company. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: 40 Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes i City Manager Goldberg requested the commission to set a bid time for the opening of bids on a supply of lime facilities for the Water Plant. Commissioner Brice asked if Mr. Goldberg thought it would be advise- able to advertise at this same time for all the chemicals that they need for both sewer and chemicals that they need for the water plant. He felt that maybe they could get a package deal, and a better price. City Manager Goldberg stated that he has submitted to the commission a list of these other items, and he suggested that they might first have a meeting with the Utilities Committee to discuss these other items. He stated that they haven't had a chance to discuss this other list. Commissioner Brice suggested that they just go ahead and advertise for the chemicals that they need for the Water Plant, (Lime, Alum, Chlorine, etc.) and leave the sewer items off until they can study them. A motion was made by Commissioner Brice to advertise for chemicals for the Water Plant; bids to' be received June 5, 1967, at 8:15 P.M. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes � C Brice Yes Kelly Yes s� Waiters Yes Marant Yes City Manager Goldberg recommended that the Finance Committee have on meeting to analyze the budget status, and the interest being pa City bonds. -7- • �yT� Mayor Marant asked Commissioner Adams to set a time that would be i mutually agreeable with the members of his committee. Commissioner Kelly asked if they have a list of all the bonds and ® securities that the City has. He asked if the City Clerk would Pare such a list for this meeting. pre- Commissioner Adams requested that the City Clerk be invited to attend this meeting of the Finance Committee. ® Commissioner Brice requested that the City Clerk check into some of the long term bonds and see what the discount rate would be if they decided to change them. He stated that there is a possibility that they would lose money by cashing them and reinvesting them. CITY ATTORNEY'S REPORT: 40 City Attorney Walden stated that at the last meeting he reporte&the negotiations have been extended over some two or three months concern- ing a settlement of the final amount due the sewer contractor, which raises the question of the penalty, and the amount due Mr. Philpott for his services after the completion date of the contract. "You ® authorized me to offer a settlement figure which would .be acceptable to the bonding company of $120,000.00, if Mr. Philpottts firm would waive a claim it had of $5,800.00, for inspection services rendered after May of last year. In taking those figures, we have an under- standing with the bonding company that that would be satisfactory with it. Mr. Philpottts firm, however, sort of reniged, and now wants 50% ® of the amount due,or $2,851.00. So I am back before you tonight ask- ing that you authorize the payment of the net,-,amount of $2,851.00 more to settle the money balance that is due. I frankly must recommend somewhat reluctantly that you go ahead and pay this. There is no question but what Philpott's firm did the work. They were down here for almost a year, and I suppose a 50% dettlement is reasonable. Mr. ® Walden stated that Mr. Carney gave him a list of minor things that should be done to complete the project. He suggested that they autho- rize the payment of these bills conditioned upon the City Manager meet- ing with the representatives of these companies this week or as soon as possible, to work out what schedule is going to be followed in completing these various omissions. ' Mr. Walden stated that all he 0 wants to be able to do is tell the bonding company and the engineers that they have least reached an agreement of what is due them, and that it will be paid as soon as they satisfy us on what they will do to finish. Mayor Marant: This will also include missing laterals and laterals ® that have to be lowered? City Attorney Walden: Right, everything. Everything properly must be brought up now. Plus, you must realize, you have got a full year from the completion date. So even if you miss things now, you can bring them up in later months. A A motion was made by Commissioner Brice to authorize the City Attorney, City Manager, to go ahead and negotiate a settlement of $120,000 to the bonding company; and $2,851.00 to Philpott, Ross b Saarinen; contingent upon the condition that they, both the engineering firm and the bonding firm, agree to complete those known existing deficiencies. The motion was seconded by Commissioner Adams, and the roll being,called, the Com- missioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes -8- Y'f 5' j t City Attorney Walden stated that when the hearings were completed on the assessment roll, which was in the early part of March, the Com- mission adopted a resolution certifying the roll, and that resolution directed the City Clerk to mail out the bills to the various property owners for the amounts of the assessments. The way the resolution was worded, the property owner was given a grace period of 30 days to pay the statement without the interest accruing. Thereafter, it would bear interest at the rate of 6% per annum. The statements Were dated April 2, so that the grace period will end tomorrow, May 2. The re- solution that was adopted did provide simply for the payment of the ® installments in 10 equal payments, and did not attempt to set an exact } due date, which has caused some confusion. There is a feeling in in- dividual cases where there has been a hardship in that some people did not get a full 30-days notice, so the informal feeling of the Commis- sion is that they should rewrite that resolution to make the interest accrue from June 1, which would give the people the rest of May to make ® their payments without any interest. This resolution also sets up a schedule of payment. Mr. Walden then read the resolution entitled: A RESOLUTION amending Section 6. of Resolution No. 1760 of the City Commission of the City of Dania, Florida, adopted on March 2, 1967, concerning the time of payment of special ® assessment liens for the sanitary sewer project of the City by specifying a new date at which interest shall accrue and by setting forth, with particularity, when each annual in- stallment shall be due concerning the principal amount of each lien; and repealing all resolutions or parts of reso- lutions in conflict herewith; and providing that this reso- lution shall become effective as of the date of its passage and adoption. A motion was made by Commissioner Adams that this resolution be adopted. The motion was seconded by Commissioner Brice, and the roll being cal- led, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes City Attorney Walden reported that two or three meetings ago he drafted a resolution, and as he recalled, the City wanted a number of changes made in that resolution. Mr. Goldberg indicates that he has now one or two applications from people who wish to make special connections into the sewer system. "I think,- for these one or two cases, if the people ® cannot wait until I actually Waite up a detailed ordinance or resolution, you can set a price. And you don't need a resolution to charge a spe- cific price to one property owner;. although eventually you should have that for your policy-" He asked what recommendation Mr. Goldberg might have as far as the charge that is to be made. City Manager Goldberg stated that they have discussed various charges, but he believed in this particular case, where it is not a complicated situation, that a reasonable charge of $50,00 could be made. ` City Attorney Walden: Of course the property owner would pay the entire cost of tapping in, or whatever you do, to the main line. City Manager Goldberg: That's right; under city supervision. City Attorney Walden suggested the Commission make a motion giving the City Manager authority to handle it that way. '_ommissioner Brice: I think this is fine to go ahead on the basis of a minimum charge, based on the individual case, with the understanding that those that have not been put on the assessment roll will be charged on the same basis as those people that were on the assessment roll, or $6.10 per front foot. d jS City Attorney Walden: Are these properties not on the roll now? City Manager Goldberg: The ones that I have discussed with you, Mr. Walden, are on the roll, but they just want to put in additional laterals at their own expense. City Attorney Walden: These on the roll, all you have to do is collect the $50.00. And then when we have others come up not on the roll, you have got to have an agreement like the one you have with Mr. Robertson to, actually by contract, say that the City has ® a lien on the property for the amount that is due. And in these cases, we have got to have some sort of title search to make cer- tain that we have first lien on the property. Commissioner Brice asked if it would be proper to cover this under the same motion. Those that are not on the preliminary assessment ® roll and who now want to tie in,- that it be done by reasonable cost for the tie in, with the understanding that they draw up an agreement in accordance with the $6.10 per front foot. A motion was made by Commissioner Brice that the City Manager be in- structed to go ahead with those who want to run laterals, at a rea- sonable cost, to be determined by the sewer inspector and the engin- eer, and the City Manager, as to what the cost will be, for those that are on the assessment roll. Those people who want to tie in that are not on the assessment roll, can also tie in with the under- standing that they draw up an agreement, or sign an agreement, drawn up by the City Attorney, with the front footage assessed at $6.10 per ® front foot. The motion was seconded by Commissioner Adams. Mayor Marant asked Mr. Goldberg if this will take care of that pro- blem that they have on S.W. 2nd Avenue, the Scalia property; and also the apartments that Jimmy Panulla spoke about. Commissioner Brice stated that this will not take care of those. "We will have to work that out individually in agreement with them, because there is a line that has to go down the street that is not on their own property." Mr. Panulla stepped forward and stated that he spoke to Mr. Farina this ® afternoon, and suggested to Mr. Brice last week, that that line should be run from First Terrace on the shoulder, which is approximately 180 }. feet, take it off at First Terrace, tap in, and put a hub on there and plaster it. He stated that Mr. Brice stated that he took them off the assessment roll. "I think thatTs wrong." Mayor Marant stated that this problem came about because at the time the lateral was laid, another man owned this property, and he requested that this line be laid there. Now he has sold two of the apartment houses, and the people who live there now do not have a lateral connection to hook up to. Commissioner Brice stated that.in..checking with the attorney,"from what I told you last week that if we could not serve them we would have to take them off the assessment roll", in checking back on this, because they could be served at the time that the sewer was put in, that assess- ment will not be taken off. "Unfortunately these people are caught in a situation of buying a piece of property that has an assessment on it, and still not have a service. Now we will be glad to work with them to try to do it. But our attorneys tell us that as far as getting the lateral connections to these two parcels of land, that it will have to be at their expense, because they bought the property just',-the same as if they buy a piece of property with a street assessment on it. It was not the responsibility of the City to serve those two lots. Because that was one parcel of land. It was not platted at the time the sewer went -10- N 1[i lle n 0 Vincent Panulla: I understand that, but these buildings were up much longer than before the sewer went through`i there. The City was lack- ing in making. . . . Commissioner Brice: The contract with the sewer people called for a ® connection to each parcel of land. It did not call, and you go back and check the record, and you will find that this was listed as one parcel of land. It was not divided into lots. Therefore, the sewer contractor was not negligent in not providing four outlets there. Vincent Panulla stated that in his opinion the city ought to put the ® lateral in and not charge the man at all, just have him pay his assess- ment. Mr. Panulla stated that it wa's the cities mistake, and they should correct it. Commissioner Waiters stated that this was not the cities mistake. "This is where the developer instructed the construction company to put the ® lateral." Mr. Waiters asked if they could put this complaint with the other complaints and meet with the contractor some time this week and get all these problems ironed out. Commissioner Brice stated that this is not something that is the con- tractor's responsibility. "What we will have to do is to find out from ® Farina what he thinks it is going to cost, and then advise the man and work from that standpoint." Mr. Brice stated that he would try his best to get with Mr. Farina tomorrow. City Attorney Walden stated that he would like to bring up one other thing that he has not discussed in conference with any of the Commis- ® sioners. But it is a question that he has brought up once or twice before in the last year or so, concerning whether the City wants him to serve as a full-time prosecutor in the Municipal Court. He stated that when it has been brought up before, the Commission at that time gave him a negative answer, that they did not expect him to be there three days a week, although he should be available for any important case. However, although he has reported this to the Judge and the Chief of Police, he is still being called upon to handle the prosecu- tion of the majority of cases in the City Court. And, as a matter of fact, he is furnishing a full-time prosecutor at the present time. He stated that he has asked him associate, Mr. Dubow, who has no direct connection with the City, to make an appearance for him in the Court ® as prosecutor when they were requested to do so by the Chief- or by the City Judge. Mr. Walden asked the Chief to give him a letter each time requesting his appearance, so that he (Walden) can get a file started. He stated that since January 1st Mr. Dubow has handled 37 full cases in Municipal Court, which represents gust about any case which has been prosecuted. He stated that this week, for example, Mr. Dubow will be handling 7 cases, which puts him out of operation for their law practice for the entire week. As a result, they have to cancel or postpone private cases which they have. City Attorney Walden stated that the issue, as he sees it, is not so much of whether they want a full-time prosecutor, but it is the issue of the type of court they want. He stated that in his opinion, the municipal court should be operated very informally, efficiently, and quickly. It should give out "Summary justice" . "To sort of put it bluntly to you, if we see the town drunk on the street Saturday night not bothering anyone, I think the Police Department really should just get him home. And the alternative is to bring him in, book him, and make him come back for an arraignment day, and have three or four court hearings. And make a regular full-blown-first-degree-murder-type case. I don't think that we need a formal court of that type in the City ." He suggested that they have a little simple court where the people can come in quickly, get quick justice, be treated fairly, and not be re- quired to go through all these fancy procedures. He again stated that O he thought the City did not need a prosecutor. "You have got to realize that about 99% of the cases which are prosecuted in Dania, or which come before the judge, are ones where the police officer has made the arrest. It is only a rare case where you have some citizen in here as the com- plaining witness. And a police officer certainly should be trained as -11- to how to testify in Court. He should know generally his way around so he doesn't need some prosecutor, in my opinion, to stand beside him and coach him through it." q City Attorney Walden continued "But if you want to have that kind of court where you have the prosecutor here three days a week, you are going to find it necessary to hire a clerk to make the appointments,to do all the clerical work. And you are going to find it necessary to set up a big organization, such as Hollywood and Lauderdale have." "I am more than willing, if it is the wish of the Commission, to have ® a regular full-time prosecutor. And I, as City Attorney, am glad to come over here three days a week, and just make three mornings a week available for the municipal court. And I am glad to get involved in, a .fancy filing system. Right now we just have a simple docket . But we can set up separate files, we can have a clerk, and we can really get just like a court of record, if that's what you want." However, ® Mr. Walden stated that the Commission,in setting his compensation over the years, has not expected him to be here three days a week. "So if you want me to be here, then I should set down and discuss with you the question of compensation. I think the minimum amount for a full- time prosecutor, three days a week, and devotes all his time, and then also makes himself available in his office to police officers during the afternoons to discuss cases, is about $4,000 a year. And you are going to find it necessary, with that kind of court, to hire at least one clerk; you could have them in the police station or the City offices, to start the files, collect the fines, and do all these things the police officers have customarily been doing. So I am ready to undertake the task if that is what's desired, although I want to go on record that I do not recommend it. I do not think it is necessary." He continued that he thought that Judge Black has operated the municipal court very adequately with a minimum of formality. "I have never heard any cri- ticism of Judge Black by any lawyer in the County, and I think the Dania court, as he has operated it for 19 years, is well respected." Mr. Walden continued that he did not think it would work to just say that they do not want a full-time prosecutor, only for the most im- portant cases, "Because each officer thinks that his in an important case". He stated that he has a resolution that he has prepared that might control the situation a little better. Commissioner Brice stated that on these cases where they have made raids on some of these nightclubs in Dania, he asked if these cohld be prosecuted. Mr. Walden replied that in those cases, yes, but not if it is pure beverage law violation. Commissioner Brice asked if it would be possible to schedule those type of cases on a particular day of the week, if they should come up. "A lot of times you will come-over here and sit half of the morning, just waiting for this particular case." Would that alleviate this situation? Mr. Walden: Well, you would think that, and yet it hasntt worked. The ® reason it doesn't work is that a policeman will go out and make an arrest and he may, I suspect, feel that he is on shaky ground and would feel better if he has somebody here to prosecute him. So all he does is ask the Chief to get someone, me or DuBow, over here, and the Chief will write us a little note. Well that is the understanding that we will be here. And it may involve us cancelling some other case. Itdon't ® say that it is more important, but we have other things that we are trying to do." Mr. Walden continued that he thought the type case that they would need the City Attorney here is one of the cases where there is a strong possibility that the policeman has made an illegal arrest, The City may face some civil suit or civil prosecution, then they ought to have the Policeman here, the City Attorney, the Court reporter, and everyone else, because we know we might be sued over it. That is the type case that comes up once or twice a year. -12- 1 i Commissioner Brice stated that if his memory is correct, last year the Commission passed a resolution whereby a policeman would serve as court clerk, and at that same time this same thing came up, and the commission whnt on record that they did not feel that a full- time prosecutor, or a full-time clerk was necessary. He stated that ® the revenue coming in from Municipal Court, certainly does not jus- tify any additional expense. Mr. Walden: If my understanding is that this is what you want, I will just tell the Chief and Archie (Black) that the Commission doesn't want us to come: over here on this full-time basis. Thirty- seven full cases in a matter of three months, I think are too many, to be handled as a sort of incidental function. Commissioner Waiters: 37 cases in three months? Do you think that would be enough to merit a part-time or full-time prosecutor? '® Mr. Walden: No. I think about 30 of those cases could have been handled without any prosecutor, as a personal opinion. Commissioner Waiters: Well then, you think a part-time prosecutor would be just as well: ® Mr. Walden: I don't think you need any prosecutor, except with the understanding that on these unusual cases, we will always be available to you. I have worked it that way for 10 years, and there was never any problem, nor did the City court ever get into any trouble, by simply coming over here three or four times a year, or four or five times. • Commissioner Adams asked how he would judge what cases are important. Mr. Walden stated that he could be the judge, or the City Manager, or the Commission. ® Commissioner Adams stated that he was sure we cannot afford it, and we don't need it. Commissioner Kelly stated that the police department has instigated a training program for the policemen, and he asked if perhaps it would be wise to have either Mr. Dubow or Mr. Walden come over and answer question or go through situations with them, and perhaps help them. Mr. Walden stated that they would be glad to give any kind of training. But the question is point blank -- do you want a full-time man here, or don't you. If you do want one, fine, we can work out some arrangement. A If you don't want one, fine, then I will impress that fact on the Judge and the Police Chief. Commissioner Adams: I'd say no. Commissioner Brice: I say no. Commissioner Kelly: Well, I'm inclined to go along, but the Chief is not here to answer to it. I think we should give him a chance. If he feels that we should, then we should at least listen to him and get his side of it. But I tend to go along with Mr. Walden. :Ir. Walden stated that there are seven cases coming up this week. They will finish up those seven cases, and then tell the Judge and Chief that they will appear only on the most unusual cases. Commissioner Brice stated, in regards to Resolution 1762, in:checking over the minutes of the past year, and after careful study, "I would like to make the following recommendation to the Commission: That the resolution stand as it was passed. Number two, we would like to ask that a procedure be set up where any citizen of Dania may submit to the Commission in writing their question or complaint that they might desire the commission look into. This can be done either before -13- s4 ! r } R V 1 �Y}1 the Commission meeting, or during the Commission meeting. And that before the end of any Commission meeting, these requests will be read w. publically. And from this Commission a decision be made as to what ® action will be taken, and then announced publically. If it is some- thing that will desire further study, or looking into, a decision will be made as to who will make the study of it, and what time the citizen can expect an answer. These are the recommendations that the Committee submits to the Commission for their approval." i 0 A motion was made by Commissioner Kelly to accept the recommendation of the Committee. The motion was seconded by Commissioner Adams. Robert Houston, Jr. , stated that he thought the commission ought to x give this more consideration before they pass on it tonight. Mr. Houston stated that these people, the majority of them, who get up ? from the floor and ask questions, are former=commissioners, mayors, '= ® and city managers . He asked that this commission keep in mind that these people did not hide behind such a resolution when they were sit- ting in these same seats. Y Commissioner Brice stated that the committee is not suggesting any change in the resolution, they are recommending this in addition to the resolution. Mayor Marant at this time read an article from the Hollywood Sun-Tattler written by Eddie Wentworth, regarding this resolution. He felt that it did merit reading since it pointed out both good and bad points about the resolution. The roll being called, the Commissioners voted as follows: Adams ® Commissioner Adams: I'll vote yes on this because I feel that we still give the citizens a chance to voice their opinion by contacting the Com- missioners or writing it out. So I'll vote Yes. Brice Yes Kelly Yes ® Waiters Yes Marant Yes Commissioner Brice stated that they have come into a situation recently of establishing a policy pertaining to sick leave. He proposed to the Commission that they pass a resolution, retroactive back to the begin- ning of the fiscal year, which was September 1, granting � day per month to every city employee as sick leave, and that they can accumulate this up to 30 days, no more. That it also be at the discretion of the City Manager or a department head whether to require a doctorts certificate where an employee is taking sick leave just as a matter of leave time rather than actually being sick. "I think it is high time that we began ® to establish a firm policy so that our people know where they stand." That means, if an employee has been With the city 5 years, they have accumulated 30 days of full-paid sick leave in addition to the hospi- talization." I would like to submit that to the Commission and strong- ly recommend that you pass that resolution. C i•layor Marant: In other words , any claims that we may have from Sep- tember 1st to date will be taken care of. Commissioner Brice: Based on that. Now the reason I am saying as of September 1st, I don't know exactly how far back, but in checking some of the records , we find that we don't have too complete records as to the amount of time that some employees that have been here for a number of years have taken off for sick leave. So we have to start at some point. And it is logical to start=at the beginning of the cities regular year. So that was my reason for starting as of September 1st. -14- Ulm E k±. A motion was made by Commissioner Brice to draw up and pass a resolu- tion granting � day per month as sick leave for every city employee, to accumulate up to 30 days, effective as of September 1, 1966. The motion was sec onded by Commissioner Waiters, and the roll being called, ® the commissioners voted as follows: B Adams Yes Brice Yes Kelly Yes Waiters Yes ® Marant Yes Commissioner Brice: Gentlemen, several months ago, and this is a case of where the commissioners didn't look into an item too far, we autho- rized to the Sessa Estates, and I think the minutes will bear this out, in fact, I know they will, that we authorized Mr. Sessa to go ahead with ® his street down here at Sessa Estates and we said that the City would set the grade. Well, frankly, I guess I am as much in error as anyone else, I find that that was not the proper procedure. Normally, the contractor pays for the suyvey and setting of grade stakes. But in the event that we made that committment, I feel that the City should go ahead and pay to Mrs. Urbano the cost that she paid to Barry for the O survey of setting grade stakes. Unfortunately in this particular case, the grade stakes were not set properly, and they had to put in six inches more rock than what it had actually called for, because they were given the wrong grade. I would like the Commission to authorize the City Man- ager to go ahead and issue a check to Mrs. Urbano. I believe the amount is $120.00. I think that is correct. ® Commissioner Kelly: Was it $120 or $140? Commissioner Brice: Well, anyway, she will present the bill on it. Mayor Marant: Do you want that in the form of a motion? Commissioner Brice: Clarke, do we need a motion or is that just in the form of a directive? City Attorney Walden: I think you better have a motion on that one. A motion was made by Commissioner Brice to direct payment to Mrs. Urbano in the amount of the bill; and that this will in no way set a precedent. The motion was seconded by Commissioner Kelly. Mr. Robert Grammer stated that he was Acting Building Inspector at that time and "They didn't say anything about Barry would come in and set ® the stakes ." He stated that they were to contact our City Engineer, Broome & Farina, who would give them a grade. He felt that since they went ahead and hired Barry, the City should hot have to pay it. Commissioner Brice: Mr. Grammer, what happened was that Farina called Barry. Mr. Grammer: Well, let Mr. Farina pay for it then. Mayor Marant: Why would John call him? Commissioner Brice: He normally calls a surveyor to do that work. Mayor Marant: At who's expense? Commissioner Brice: Well, according to the way it was done before, the Contractor pays for the surveyor. And all that the Engineer does is give him the degrees and the grade. But in this particular case we were _ in error. Mayor hfarant: The Commission was in error? -15- ■ c� WRO Iffm Commissioner Brice: Yes sir. We were in error in authorizing it. We are not infallible. We should just admit that we made a mistake, and we are stuck with it. Commissioner Kelly: I think that one of the ideas here, Mr. Brice, ® was that Mrs. Urbano was lead to believe that if she dedicated the road that the City would. . .somebody used the word Survey. . . .and this is the way they were lead to believe. And actually that's the way the minutes read. Their whole survey bill was around $500. It was just this one item, but I believe it was $140.00. ® The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes ® Marant Yes Commissioner Adams stated that last week the Finance Committee had a meeting pertaining to Officer Tom Walsh. "As Commissioner Brice said previously, we had no sick leave actually set up. But we felt, in the case of Officer Walsh, he had been with the City nearly 11 years, and hardly had any time off, . As most of you know, his last day of work was February 15, so he had 3 weeks vacation coming, and he was paid for it. Then the Finance Committee agreed to pay him for 4 weeks and 2 days. This was because he had had such a good record. We felt that the need was certainly there, in this particular case." He received this money except two weeks, and as soon as they get this insurance ® straightened out, this two weeks will be released to his wife. Mr. Adams stated that Mrs. Walsh has to get this insurance straigntened out. A motion was made by Commissioner Waiters to authorize the City Clerk to advertise for the objections to the paving of the street west of the FEC RR, North of the Dania Cut-Off Canal, from N.W. loth Street south to the Teledyne Corporation; objections to be heard June 5, 1967, at 8:30 P.M. 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 Aetna Life E Casualty Company, regarding the appointment of a Safety Co-ordinator to do inspections in order to cut the risk to keep the insurance rates lower, In which they included a list of things that should be done in the City in order to prevent accidents. Mayor Marant then appointed as city Safety Co-ordin- ator, Fire Chief John Lassiter; assistant Co-ordinator, Charlie Petrozella, members of the committee to include Building Inspector Hubert Walker; Policeman, Fred Caldwell; Fireman, Ed Moore; and Mayor Richard Marant. Commissioner Brice asked if they needed a motion. City Attorney Walden stated that they did not, the Mayor has the right to appoint committees. Mayor Marant stated that, in regards to abandoned cars in the city, he would like to entertain a motion to put this out for bid and rewrite the contract "in a way that we can get someone out here to take care of this once and for all" . Mayor Marant suggested that the City Manager and the City Attorney get together and draw up a contract, and report back to the next regular commission meeting, May 15, 1967. A motion was made by Commissioner Brice to authorize the City Manager and City Attorney to draw up a contract and advertise for bids to get rid o, the junk cars. The motion was seconded by Commissioner Waiters, -16- Bob Houston, Jr., stated that he didn't think they would get any results by putting this out for bid. He felt that the City is going to have to pay to have the cars hauled away. Commissioner Brice replied that the do expect to have to pay for this service, but they are putting it out for bid to get the best price. The roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® Mayor Marant presented a request from the Natiunal Hemophelia Foundation to solicit funds in the City on June 3, 1967. A motion was made by Commissioner Waiters to grant permission to the National Hemophelia Foundation to conduct their march for funds on June 3, 1967. 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 requested permission to donate $200.00 to the South Broward High School Scholarship fund on behalf of the City of Dania, "which I will personally contribute". Commissioner Brice: Give it. . .what objection do we have to it? Mayor Marant: Well, I didn't know if I could give something away on behalf of the City or not. Mayor Marant stated that there is a situation which is becoming a pro- blem on the FEC RR tracks in the neighborhood of Tommyts Garage. There is some sort of a garage there where the cars are piling up. He sug- gested that Commissioner Waiters go over there and check on it, and re- port the matter to the Chief of Police. ® There being no further business, the meeting adjourned. Mary $iornhill City Clerk-Auditor Richard Marant Mayor, Commissioner -17- M 1_