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HomeMy WebLinkAbout31127 - MINUTES - City Commission 0 MINUTES OF REGULAR MEETING, CITY COMMISSION,CITY OF DANIA, FLORIDA, HELD APRIL 17, 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 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 OF MEETINGS held March 24 and April 3, 1967, ® to be approved. A motion was made by Commissioner Adams to approve the minutes as read . The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes b DANIA CHAMBER OF COMMERCE: Request permission to erect a sign on Federal Highway at the Dania Cut-Off Canal. Bill Rhodes, President of Chamber of Commerce, was present and presented plans to the Commission. It was suggested that perhaps this request ought to go through the proper channels and begin with ® a request for a variance at the Zoning Board. A motion was made by Commissioner Brice to refer this to the Zoning Board for a variance permit. 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 ® LEWIS B. WERTZ: Discuss drainage on N.E. 2nd Avenue and N.E. 2nd Street. Mr. Lewis Wertz, 32 S .W. 4th Street, was present in regards to the piece of land on N.E. 2nd Avenue and 2nd Street. He stated that about 15 years ago the City needed 25 feet off the South side of that land, :,hich included the drainage ditch for his farm land. The City needed the 25 feet, and he (Wertz) explained to them in detail that he couldnjt give them the ditch "I needed the ditch to drain my land". But, he continued, he was assured at the time that the drainage would be taken care of . So he gave the deed to the City. Since then, the City has put in a drainage system that has a manhole right in the corner of this land. But the manhole is about 2 feet too high':to drain the low spots of this land. He asked the City to install another manhole further into the field that will drain into the existing manhole. He then -1- presented a letter from Luther Sparkman stating that he (Sparkman) was present when the agreement was made some 15 years ago. ® Luther Sparkman was present in the audience and verified that he did write that letter to Mr. Wertz. Mayor Marant suggested that Mr. Wertz turn this letter over to the City Manager who in turn will get together with the City Engineer E and "We will get you an answer as quick as possible" . Mayor Marant ® asked Mr. Wertz if he would be willing to pay the City Engineer for his time in doing this. Mr. Wertz: It's not up to me to pay it. I'gave the City the right of way with the understanding that the City would take care of that. I 'm going to have to ditch the field, but there is no use to ditch ® the field until there is a part low enough to ditch it to. That's what I want the City to provide, at their expense. . . .at the Cities expense. Mayor Marant asked City Manager Goldberg to turh it over to John Farina. NOTICE TO BIDDERS: 8:15 P.M. Pick-up truck for Sewer Dept. 8:30 P.M. Rodding equipment for Sewer Plant. 8:30 P.M. Paving S.W. 8th Avenue & S.W. 1st Street. ® A motion was made by Commissioner Brice that the bids be closed. 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 presented the bids for Paving of S.W. 8th Avenue and S.W. 1st Street, as follows: B U.S. ENGINEERING CONTRACTORS, INC. $3.96 square yard Total $7,246.80 HARDRIVES COMPANY $2.28� square yard It 4,181.55 BP.OWARD CONSTRUCTION CO. • $2.85 square yard " 5,215.50 ROWE CONSTRUCTION CO. $2.97 square yard " 5,435.10 DI 14AR PAVING COMPANY, INC. $2.85 square yard " 5,215.50 A motion was made by Commissioner Brice that these bids be turned over to the City Manager for tabulation and awarding the bid to the lowest contractor that met the specifications. 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 Manager Goldberg presented the bids for the Power Driven Sewer Rodding Equipment as follows: -2- Ask FLEXIBLE-ROCKWELL MANUFACTURING COMPANY: $1,495.00 O'BRIEN MANUFACTURING COMPANY: (Alternate Bid) 1,585.00 1,350.00 A motion was made by Commissioner Adams that the bids be tabulated and awarded to the lowest bidder. The motion was seconded by Com- missioner Kelly, and the roll being called, the Commissioners voted as follows: Ix Adams Yes Brice Ybs vw Kelly Yes Waiters Yes Marant Yes _1Y City Manager Goldberg Department as follows presented bids on the truck for the Sewer man : HOLLYWOOD FORD: $3,017-56 POWELL MOTOR COMPANY: 2,785.01 Commissioner Brice stated that those Prices seem awfully high. A motion was made by Commissioner Kelly to turn the bids over to the City Manager for tabulation and recommendation. The motion was se- • conded by Commissioner Waiters, and the roll being called, the Com- missioners voted as followse Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes BILLS FOR THE MONTH OF MARCH, 1967, to be approved for payment. A list of bills for. the month-of March are attached to and nude a part of these minutes. A motion was made by Commissioner Adams that the bills be approved for payment. 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 PUBLIC HEARING: 8:45 P.M. Application of Richard Spornraft for a change of zoning from B-2 to M-1, Lots 7, 8, and 9, Block 3, Victory Heights. I-laYor Marant asked Charles DeMuzzio3 Secretary of the Zoning Board, what the action was from the zoning board on this request. Mr. De- i4uzz�o stated that the Zoning Board turned it down:lbecause they felt it would be spot zoning. Mayor Marant called for objections. Those objecting were: Mrs - Billig, Miami Beach, owner of adjoining property. Estelle Williams, 414 S.W. 2nd Terrace. Estelle Cunningham, 417 S.W. 2nd Terrace. Clarence & Vernon Keenan. -3- 1 a �Y Richard Spornraft, 6920 N.W. 22nd Court, Hollywood, yw , was present and stated that this would not be spot zoning, because his was the only " property along the railroad tracks that was not M-1. He further " • stated that the reason he did not object at the time that this pro- r ji perty first was changed from M-1 to B-2 is because he did not expect them to change the property all the way back to the railroad. Het, " expected them to r p go as far back in the block as they did North of Stirling Road. sue; • Commissioner Brice stated that Mr. S ornraft has a vt •�P1. P point, "if you �` r would go look at the map, it is the only block there that has nothing .; built on it that is B-2; everything else is M-1 along there" . How- ever, he stated it has been more or less a policy to depend •on the •�yv; Zoning Board. Y r f • A motion was made by Commissioner Brice to up-hold the recommendation ^" of the Zoning Board and deny the change of zoning. The motion was seconded by Commissioner Adams, and the roll being called, the Commis- n sioners voted as follows: Adams Yes • Brice Yes Kelly Yes Waiters Yes Marant Yes PUBLIC HEARING: 9:00 P.M. Application of Pirate Ports of • Florida, Inc. for a change of zoning from A-1 to A.P.-1 Amusement Park District, pro- perty located in Section 2-51-42. City Attorney Walden read the Notice of Hearing. City Attorney Walden read a letter from Sherwood Spencer, dated April 14, 1967, • which is attached to and made a part of these minutes. Mr. Spencer was present and stated that this was not supposed to be a "Coney Island" . He then read from some of the advertisements of Pirates Worlds. Mr. Spencer asked the City Commission to "Sit tight" a while. "Let's see if this is the type of operation you want out • there. And see if you have any problems. Then if the court tules with him, he has no problem. If the court rules against him, you have another look at it, after it is tried and true." Commissioner Brice stated that Pirates World is paying an assessment and the monthly charge to the City. "I attempted to talk to Mr. Horo- witz about 6 or 8 weeks ago about a matter, and he told me very frank- ly that he wanted no part of Dania. Now, if that is the principal stock-holder's attitude of Hollywood Incorporated, I can see no reason why Dania should try to protect their property that lies within the Hollywood City Limits. Now that is being brutally frank about it, and you can check with Mr. Horowitz about this, because I was talking to • him about an area that is undeveloped between our beach and the City, to try to give us better access and better police protection on this area between the public beach and the City limits. And he frankly told me that he wants no part of Dania." He further stated that the Pirates Ports will bring in approximately the same revenue to the City as does the Jai-Alai. Mr. Spencer stated that this same Hollywood Incorporated is the one that paid the bills, all the court costs, trips to Lakeland, trips to Talla- hassee, to see to it that you got your beach. "And that is the horrible Hollywood Inc. you are talking about". I' (! Commissioner Kelly: This Hollywood Incorporated that you are talking about, isn't this the same company that attempted to buy acreage or property on the beach for 16 thousand dollars. . . . -4- a Mr. Spencer: I hate to get into that here, but I think you ought to know because of the misapprehension that has been made public. If t you can visualize the Old New River Sound, the land on both sides of it. Hollywood Inc. has a clear title and no one questions the land ® on the West side which is where they gave a road that now goes up to the public beach. That, the Sound, and a disputed piece of land over on the beach is disputed not among private property owners, but whether or not it belongs to the State as a bottom land. Now the policy of the Trustees Internal Improvement Fund has been to ask that all of the land be included in the applications. So this 44-some-odd-acres of 0 land includes the land up the West side that no one even questions, they are buying their own land back so to speak. The question comes up as to who is the owner of this piece on the beach, which may some day have to be litigated; not with you, but with the proper authorities. Mayor Marant called for any other objections. Those objecting were: ® Robert Houston, 340 S.E. 3rd Street. He asked that the Commission not take any action on this tonight and to wait until the court decision on this matter. Mayor Marant called for other objections. There were none. City Attorney Walden read an ordinance entitled: AN ORDINANCE changing the zoning classification of the hereinafter described property from A-1 zoning classi- fication to A.P.-1 Amusement Park District zoning clas- a sification; and providing that all ordinances or parts of ordinances in conflict herewith be repealed to the extent of such conflict; and providing that this ordi- nance shall be in force and take effect immediately upon its final passage and adoption. ® Commissioner Kelly asked Mr. DeMuzzio if this was passed by the Zoning Board. Mr. DeMuzzio stated that they passed every portion except the 10-acre portion that was set aside for the Pittsburgh Pirates. A motion was made by Commissioner Kelly to pass the ordinance on first reading. The motion was seconded by Commissioner Brice, and the roll ® being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters No 9 Marant No Mayor Marant: stated that he would like to clarify as to why he voted No on this last item. He stated that he voted No because somebody at Pirates World is going to have to be responsible for what is going on over there. He stated that they have had a lot of trouble in the past . He stated that the City has asked them to do things that are not as yet done, and until they get these things squared away he would not vote favorably on anything more for them. RECOMMENDATIONS from the April 11 meeting of the Planning and Zoning Board . (1) Warren & Viola Pickering: Request permit to build a 40-unit, 2 story apartment house. Legal: Lots 6, 7, 8, 91 10 & 11, Larsen's Subdivision. Address: 309 S. Federal Highway A motion was made by Mr. Erwin that the plans be approved as presented, providing that they add 3 dry wells in the parking t. area. The motion was seconded by Mr. Sessa, and passed unani- ,ou�1y. x k 'l: Q A motion was made by Commissioner Kelly to accept the recommendation of the Zoning Board. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: y, ® Adams Yes Brice Yes Kelly Yes Waiters Yes f Marant Yes • (2) Olga M. Wooten, represented by Luther Sparkman, re- quests change of zoning from B-2, R-3 and R-2 to B-3. Legal: Lot 10 & 11, Block A - Lots 31 & 32, Block B - and the South 225 feet of Lot 1 of Richland Little Farms and the area trr' designated as Richland Avenue Adjacent ® thereto. r Address: The 2200 block of North Federal Highway. I" A motion was made by Mr. DeMuzzio to table this until they can get a recommendation to the City Commission on the re- zoning of the entire area. The motion was seconded by Mr:.:- "tfl` • Byrd, and passed unanimously. No action. s�s (3) Richard Marant: Requests a discussion on the pos- sibility of getting a variance on the following: • Legal: Lot 1, Block 19, North Hollywood Address: 334 S.W. 14th Street. Mr. Marant withdrew his request at this time. No action. • J. EDWARD HOUSTON: Requests permission to discuss Resolution No. 1762 and remarks made by Commissioner Brice at the April 3 meeting of the City Commission. Mayor Marant: Mr. Houston, before you begin, I would like to read • something. It refers to what you wish to discuss, Resolution 1762. The Chair directs you to direct all questions of a legal nature to the City Attorney. Questions on matters of policy that you wish to discuss will be directed to the Chair. The second part of your re- quest was to discuss remarks made by Commissioner Brice at the April 3 meeting of the City Commission. The Chair requests that Commis- sioner Brice will answer questions only pertaining to his report given April. 3, 1967. Any other questions concerning this investigation not connected with the report of April 3, 1967) will be declared out of order. Any other material that we may or may not have in Police Department records, the Chair will not allow any person or persons to jeopardize any further investigation that may or may not conduct. • Mr. J . Edward Houston, 200 S.E. 6th St. ,Ft. Laud.: Gentlemen, I am here tonight representing Robert Houston, citizen and a taxpayer of this city. I don't know if I have committed to memory all the guide- lines that you set down for me, Mayor Marant, but I assure you I will try to keep my comments as closely to the agenda as I can. Gentlemen, • I requested, and I haven't made a request to question Commissioner Brice on anything he said; I think that if the agenda states it correct- ly, it will show that I have some comments on a report that Commissioner Brice gave. I don't know what that says. . .. Mayor Marant: Well, you have a copy of Rdsolution 1762 . Houston: You're right. You are absolutely correct on that. I am tal':ing about the second part of that (his request) which is the com- ments I have on a report made by Commissioner Brice, and not any ques- tions directed to him, as you stated a minute ago. I just wanted to keep that record straight before we started off . • -6- IS AahL Houston: Now, as the request would indicate, gentlemen, there are two matters that I have here tonight to discuss. The first one would be Resolu- tion passed by this commission, which is identified as Resolution No. 1762 . This ordinance provides in effect, if my understanding of it ® is correct, that before anybody can get on this agenda or discuss matters that have not been brought out from this commission, that they are required to do a number of things. No. 1, that the Tuesday before the Monday before the Commission meeting they must come to the City Clerk and state the nature of what they want to discuss at the meeting, to be placed on the agenda. And the City Clerk at that time can either ® refer them to the Department Head, if the need may be that. . . Marant: Refer them to the City Manager. Houston: My understanding is that they go to the City Clerk. ® Marant: They go to the City Clerk first, and then go to the City Manager. Houston: My understanding is that they go to the City Clerk to make this request, and the City Clerk at that time has the authority, or is given the latitude to refer them to a Department Head. I may be mis- taken about that, but I don't think so. Now, as a matter of right, if ® the person does not want to go to the Department Head they can go be- fore this Commission. Now, No. 2, if somebody has something that is termed an "emergency basis" , and I would imagine that anything of an emergency nature, by the very definition of this appearance of this so- called resolution. Then they can get on what is known as the emergency agenda, and they are to go to the City Clerk and to submit a written ® request which shall contain a detailed statement of the emergency na- ture, and shall show good cause why the matter cannot be deferred until it can be properly placed on the agenda for the regular meeting of the Commission. At that time, the City Manager has the latitude to either turn down that request or to bring it up under the City Managerts business on the agenda. At any rate, if the City Manager makes a de- ® termination that they can't talk, then they can't talk. Gentlemen, I don't know what the purpose, I read the ordinance. I read it thoroughly, and I know what the ordinance says about the reason for it. The one that seems to be glaring in the resolution is that to "give the Com- missioners an opportunity to think things out before they have to vote on that." Now I wish to point out to you that this Commission is not forced to vote on these matters that are brought up before it, not on the agenda. At the discretion of this commission they can either vote on something, not vote on it; comment on it, or not comment on it. There is nothing that requires this. But I submit to you that there are matters of sufficient importance that can occur, not only 6 days before an agenda is drawn up, or a commission meeting is held; but as much as 3 hours before a commission meeting may be held. That are of sufficient importance to this city, and to the taxpayers of this city, that they should not have this "Gag Rule" put on them. Now, I have just a passing interest in this matter. I have looked into other cities surrounding us. . .the City of Hollywood, the City of Fort Lau- derdale, the City of Miramar, the City of Pembroke Pines. And I have 0 gone into Dade County and I have only found one such ordinance of all the cities that I have checked. The one ordinance is in effect in the City of Miami. But let me compare the two ordinances. In the City of Miami you are required, when you attend the City Commission meeting, if you want to be heard on something on the agenda, or you want to be heard on anything; when you come to that meeting, there is a little card for 0 you to file. . .Or to fill out. . .And it gives your name, gour address, and what it is you want to talk about. Gentlemen, that is done at the institution of any City Commission meeting. And if you compare the size of the City of Dania and the matters that come up before the City of Dania. . .which are just as important as anything that comes up before the City of Miami, I grant you that. . .but I am talking about the magni- tude of the problems of the City of Miami, with 50 times the population that we have here. . .the matters of magnitude that come up before the City of Hollywood with 87,000 people, as compared to these matters here. Q I just can't see for the life of me why a city has to have this type, or Y. -7 5 I a Commission has to have this type of aforethought before they can even let a citizen speak on something they want to be heard on. The City Commission meeting has traditionally been the forum where people get to talk, where people get to say what their gripes are. And if they ® have got a gripe against you they can come up here and confront you with it. They have a right to get anybody up here that they can come up and confront them with it. Now gentlemen, I don't know. . .is there some reason that I don't know of for having this type of ordinance. I wish I could be enlightened on it. However, I would like to just re- quest this commission. . . .I have come up here and had guide lines set ® out. You want me to direct matters of a legal matter to Clarke Walden. Well, I haven't anything of a legal nature to diti-act to Clarke. All I am doing is appearing before this commission and asking you, in a re- presentative capacity for citizens and I think that applies to almost everyone in this audience, that you reconsider this Gag Rule. If no- thing else, appoint a study commission to see if this is really needed. 0 And I think you could only come up with one conclusion that the City of Dania does not have to gag its citizens. I think this commission in fairness will reconsider this matter and throw this resolution out. That's No. 1. Now Gentlemen, I would like to request at this time, before I go on to Item 2. . .gentlemen, it was just such an emergency that came up two meetings ago here, when it was discovered that no one ® here had any knowledge of the sewer line that was tapped into the City manhole by Olsen School, and ran from Pirates Port. Now, had not this been brought before the attention of the Commission spontaneously as it was, this Commission would not be aware today, and I assume that nobody had any knowledge of it, because everybody disclaimed knowledge of it, and I think it was an unauthorized attachment to the sewer system ® of the City. But no on this Commission or in this City might have know- ledge of that matter which resulted in the citizens of Dania being bene- ficiaries of the $6,000 assessment that was made against Pirates Port. Mayor Marant: Let me ask ymu something, Mr. Houston, not to interrupt you, but why in the world didn't somebody come in and inform the City ® Manager or our Sewer Director, or somebody before the work had been completed and the damage done? Houston: Let me just point this out. . . Mayor Marant: (To the audience, which had become quite noisy) I will adjourn this meeting and have it behind closed doors, if that is what you would like. Houston: Gentlemen, let me just send this example out to you. . . .what if this matter, concerning an unauthorized hookup,had been brought to the attention of the person who is responsible for looking after these matters of the City. And suppose that person had full knowledge of it? Instead of having brought it up before this commission cold as it was, and no one having any information in advance on it, to cover up any de-....::'. ficiencies that might have been on their part, don't you think you as a Commissioner and Mayor of this town would want to have this infor- mation and take your finger and point it to that person who is respon- sible and say "why didn't the City know about this?" This is a small city. This is a city where there are people that have interest in this city, . .they travel over every road in it every day. And they find things not six days before, but sometimes six hours before the Commis- sion meeting, that should be brought to your attention. And I would think you want to have that brought to your attention. Now, if you ® don't want that brought to your attention, then this is a wonderful ordinance, gentlemen. But I don't think this is true. Mayor Marant: Have you ever heard an incident where a Commissioner refused to bring something up from the floor of an important nature, during his report, during the day of the Commission meeting? Houston: I don't understand your question. -8- a . ME 0 O `1 4: Mayor Marant: Well, any Commissioner during their time, after the regular schedule of business, can bring up anything that they would like to. So if something had been told to them in any matter during ® the day, or even after 15 minutes before the meeting, they could bring that up during their report. Houston: Well, Mayor, let me ask you this. . . . if any Commissioner has `ate: this right, why doesh!t any citizen have this right? O Commissioner Brice: Mr. Houston, I would like to ask you a question. Houston: Yes sir. r, rX� Commissioner Brice: You said you are an attorney. . .did you ever try to defend a case without knowing what the charges were? You wouldn't g g = ' ® very well like to do that, would you? Now that's all we are asking, r When things come u here and s g p people hit us and tell us that this is what's wrong, or this is what happened, and we haven't had a change to check the record to even answer them intelligently. That's all we are asking. We are not trying to hide a single thing. And the reports y w, of every commissioner up here will stand on that. But this business 3 Nita; O of accusing someone without him having an opportunity to build any y defence, I don't think you as an attorney would take a client into sib court on that kind of a basis. Houston: No sir, I wouldn't. And let me just show you where the g difference is right there. I go into court every day with accused i O defendants that have their charges read to them at the time that we walk into the court. Now what do they do at that time? They plead either guilty or not guilty. But`you don't know what those charges are before you walk into that court room. And then, at a later date, after I have got the charges and can properly defend somebody, then is when action is taken. And that's exactly what I am saying here. ® If somebody brings up a new matter before you, you don't have to take action on it that night. I don't think you do. I think you have got time between the next commission meeting, which is two weeks off, to make a study of this. And if a interim committee of the commissioners, or a portion of this commission, or the City Manager, or the City Clerk, or somebody should be in on that thing, then they can make a study of O it, and then take action at the next meeting. 180 I don't think that's a similar situation. Now, I'm just asking you gentlemen here tonight to reconsider this resolution 1762, and let's see if we cantt all get some harmony on this thing and do away with this ordinance; and allow these people when they have matters that they want to talk in front of their elected officials, to come up here and talk to you about it, O and not be hamstrung by any gag rule or anything of this nature. And Gentlemen, I would like for you to express yourselves. Commissioner Waiters, I would like for you to start there, if you want to, tonight. And tell me what your thoughts are on this matter. Commissioner Waiters: Well, Attorney Houston; I want to say this much. O I am against any gag rule, per sae. I have always been against a gag rule, or anything of this nature per sae. But I am also in favor of the fact that we must know what the situation throughout the city is at all times. Now, I can understand how you feel about this situation that occurred two or three weeks ago. But it caused this entire com- mission to spend at least two weeks chasing down every allegation that " O -as made to this Commission. Now, this was unfair to us because we didn't know anything about this, as you said. I didn't know a thing about that line that was out there. Now we went into a study with Commissioner Brice, Chairman of the Utilities Committee, to find out exactly what had happened. But, I am also in favor of communications between Commissioners and the public. Now this is my feeling. Houston: Commissioner Kelly? -9- ,O +P�`w Mi4r- Commissioner Kelly: Mr. Houston, I feel that labeling this as a gag rule }s a bit unfair. Now I am definitely against a gag rule. And I don t know of anyone who has been denied the opportunity to ® speak. In fact, there has been times when possibly they should have been denied. I feel like that this Commission, or some of the prior Commissions, have tried to restore a little dignity to this meeting. Now we have grown out of the town hall small community despite a few people, some people. And we, even though we aren't as big as Miami, we should conduct ourselves in a manner of a community that we are. ® Now I do feel like that I don't think it was an undue hardship for You to come up here and get on the agenda. And anyone, and I will make this as a statement, if you have a problem that you would like to be expressed here, if you contact me before this thing even at 8:00, I will be glad to bring it up. It is a great relief to know some of the things that are going to be brought up. Not that a per- 0 son has anything to hide, but you do like to know what you are going to talk about. I feel that this shou_ldn't have to. . .we shouldn't about have to have becauseaof thing somelike thethis. problems thatn ave come been inroour town hall-type meeting. And I certainly feel like whether people agree or disagree, or like the Commissioner or dislike the Commissioner, 0 that they have respect for the Commission, or they should have re- spect for the Commission. If something should turn up tomorrow morning at 6:00 or 8:00 I certainly wouldn't feel like a citizen would have to wait two weeks to bring it up before the Commission. I spent a few hours of my time out here running down some possibly nuisances, or so forth. To the people that complained, they werentt nuisances. ID But this is something that I feel like we are elected officials and people certainly can come to us at any time and not wdit three or four days, or a week later, and bring it up before us. Houston: Before we go onto any other comments, Commissioner Kelly, I just 0 donttwknow too fbanybody w oin chasnbeen deniedrtheir rightsro well, Iojust read a newspaper about two weeks ago. . .I see that my dlitnt, who is also my father, was forcibly removed from this meeting because he wanted to say something. Marant: He was ruled out of order. Houston: Well, now that leaves some room to talk about too. Now, what was the grounds on the rules. . .the parliamentary rule that you made? Ilarant: Robert's Rules. Thatts all. Houston: Well, Mayor, let me just read back to you then, the minutes from that meeting. . . . Marant: You don't forget that your father was not on the agenda. Houston: I understand that. I understand it completely. Well, let me just go back here and it says. . . .this was by Mayor Marant, "Is there anything of a non-business nature from the audience?" Then Mr. Houston started talking. . .Then Mayor Marant talked. . .Mr. Houston talked. . . Mar Narant. Had'-quite a nice discussion there back and forth until Mr. yo Houston evidently hit a nerve. And then all of a sudden he was out of order. Now, if you are out of order, you are out of order when you start; not until you are getting the short end of something. Marant: I figured that the man as a citizen deserved the right to say anything of a non-business nature. I gave him a chance, and he hood- winked me. So I threw him out. Houston: And you certainly replied to him. Had a nice conversation between the two of you where you were answering and he was talking. Until you got ahold of something that may not have been palatable to You, ;you decided that he is out of order all of a sudden. And that's -10- s. �s s just the danger in this type of rule. It leads tempers to be inter- jected in a Commission meeting. It leaves unbridled discretion on the part of somebody who may not exercise a mature judgement when he does something on a rash moment., It leaves the door open for all sorts of ® things like this gentlemenq 1 _ Mayor Marant: Well my say on this amendment, I will stick by it 100%. a Houston: You don't think there is any room for discussion, hey Mayor? ® Mayor Marant: No sir. Houston: I'm sure you like it. Mayor Marant: I sure do. • Houston: Commissioner Adams, would you like to give your opinion? Commissioner Adams: We do have problems on both sides. I can see your side, Mr. Houston, and I best like to have the citizens let them have their say. But I have sat over in the chair where Mayor Marant is there, and this can get out of hand. And I mean, we can work out ® maybe something in between. Maybe this is a little bit harsh. I don't want to deny anyone in the City of Dania to speak. And I certainly e welcome any of them to talk to me and I will bring it up. And maybe this is just a little bit harsh way to have it. We could work out something in between possibly. I would like to see us all happy. I think it takes us all working together to get the job done. Houston: I think you are right. Commissioner Brice: Mr. Houston, I will have to come back to what Mr. Kelly said. I sat on this Commission for a year and a half. And there has been many times when we have taken undue abuse from the audience. ® Now, ladies and gentlemen, you may not like any we fellows that are up here. And all we are trying to say is, the same as when you go into a court. . .with that judge, you respect the particular position he holds, whether you like the person who sits on the bench. Now we passed this resolution to try and stop some of this because we are accused of being everything, from being liars to cheats, to everything else sitting up • here, with no chance to defend it. Then I don't think that many people can sit here and their tempers not get a little short. Now, all we are asking from the public is this. You present your proposition, or what- ever you have got, and we will guarantee to give you a thorough inves- tigation of it. We do not see everything that goes on in this city. It's impossible. But we are not trying to hide anything. But by the ® same token, don't come in here and fire at us when we have no oppor- tunity whatsoever to present the side or even have the information that you are shooting at. And here, from the March 20th minutes, which I am going to give you a copy of, and I think when you read them, and read the report on the 3rd, you will see exactly what we are talking about. • Houston: Thank you. That brings up another matter, the second item which I was on the agenda-about. Gentlemen, I will again urge you. I think that some of you have voiced an opinion here that maybe you might like to look into this thing to see if you did the right thing originally. I know the Mayor has unequivocally said that he will not discuss it, so I assume that there will not be any committee appointed, because the Chairman seems to have that prerogative. 11ayor Marant: Commissioner Brice'. ii­.you,:woUld like 'toihead mp;thelcom- mittee to check into this , please do. Houston: Do you want to appoint a Committee to do that? iayor. Marant: Mr. Brice, Mr. Adams, and Mr. Waiters. -11- • OEM Q Houston: Does the Chair also request a report back from this Committee? Mayor Marant: Yes sir. Houston: When will:-that be? 0- Mayor Marant: At the next meeting. Houston: As for item 2 gentlemen, on the matter that was brought up on the report of Mr. Brice concerning the Utilities Committee meeting and the action that was taken on this unauthorized sewer.-.line that vas put in from the Pirates Port down to the 018en School. I just wanted to straighten the record up a little bit. The report. . .I have read the M report that was made. . -I have talked to p6ople involved in it, and I don't think it is exactly accuratd. I think it is not exactly accurate by way of omission rather than dommission There was a statement in the report that Mr. Houston was called on two different occasions and asked to give a statement to the Chief, and he refused. This is just contrary to the facts, gentlemen. And this is exactly what he was try- ing to put across here in making comments on a report that was brought up by a Commissioner in here when he was ruled out of order and tossed out of this meeting by an officer. The fact are, gentlemen, that he was called not by the Chief. I don't know, maybe the Chief decided this wasn't of sufficiently important nature for him to call anybody on it. But he was called by one of the officers to make a statement to him. And he was told that if the Chief wants a statement, that he could get a statement, and asked the Chief to call down there and get a mutually convenient appointment at Mr. Houstonts office, and he would O receive the statement. But you didn't question anything about whether the Chief went any further in trying to get this report. If this was a diligent effort to find out what the facts were, I would think that the thing to do would be to call and make an appointment like any two businessmen would do, and go down there and get a statement. When you have a job to do, you get the job done. You don't send anybody else O to call, them to say do you have a statement. So I think that this statement that was made in the report is completely inaccurate. Not only do I think, I know it is. Gentlemen, I am not going to belabor this point at all. I would just like to make this commentt concerning this report, concerning this resolution, before I leave here. It would just seem to me, in looking at this Commission, and I know three of you O on the Commission. I have known you for years. Two of you I don't know. Maybe because you weren't in the town when I used to live here which was three years ago. But it just seems to me that there is a wealth of experience right out here, people who have lived in this town all of their lives like Bob Kelly has. And almost all of their lives like James Adams has. I think these are the only two Commissioners O that have been around here longer than I have. Commissioner Brice: 1927. Houston: In the City of Dania? O Commissioner Brice: Yes sir. Houston: Itm sorry sir. I must have missed you along the way somewhere. But it just seems to me like there are people sitting in the front row out there who are former Commissioners, former Mayors, former City Man- agers, that would seem to have something to lend to this city. Now I O just think that in the spirit of. . . .and I understand Mayor, that you first registered to vote here in October of 1965. So it would seem that there are a lot of citizens in this City and this community that would have something to give of benefit to this commission. And I cantt see for the life of me why you would want to keep them from coming up in the public forum, or the town hall meeting, or City Commission meeting, what- O ever you want to call it, and give this information to the Commission. -12- The Commission is the one who takes the action on this. They don't take any action. You say that you have to defend yourselves against charges. Nobody has to defend themselves against charges sitting in ® a seat like that. They can listen to charges, they can investigate things, they can report back, but there is no one that has to defend themselves in this room. It is just like when I came up here and you read this statement to me Mayor, of the various guidelines that I might have to follow if I want to have the opportunity to speak before this Commission. I have to stay within these guidelines. I don't even know ® if I did or not. But I will say this. . .I have said what I want to say. I think it is up to you. These people out here want you to act. Other people in the City want you to act on this. And they want to work with you on this. But I don't think that they can work when you pass or- dinances and gag rules. . .No matter what you call it, it is a gag rule. . like this ordinance, or this resolution. ® JACK DORN: Requests permission to discuss Recreational Facilities with the Commission. Jack Dorn stated that he was at the last meeting; but instead of get- tihq an answer "I got three xidiculous questions from Mr. Kelly, Mr. ® Brice, and the Mayor" . , He stated that he was here tonight to find out if the Commission thought it important enough to look into his complaint. He asked what will be done. Commissioner Kelly pointed out what has been budgeted for recreational facilities, and how much has already been spent for this purpose. ® JERRY'S MARINA: Requests permission to have a watchman's trailer at 302 North Federal Highway. A gentleman, representing Jerry's Marina, was present and explained that they have had many thefts up there, and this is why he is request- ing to have a watchman present at night. Commissioner Brice stated that he saw nothing wrong with giving this man a permit, not to exceed one year. A motion was made by Commissioner Brice to give the man a permit, not A to exceed one year. 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 CITY MANAGER'S REPORT: City Manager Goldberg presented a recommendation from the auditors re- garding the audit of the Dania Beach Grill. He submitted a bill from Sokolow for $55.00 for the audit of the Pier Restaurant and the Dania Beach Grill. A motion was made by Commissioner Brice that the bill be paid. 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 presented a letter from the New England Oyster House regarding the installation of an incinerator. He asked former Building Inspector Wells, who was in the audience, if these people -13- r JrUi• Jk brought in any plans for this incinerator. Mr. Wells replied that he wrote them a letter giving them the details ® of the size required, but he had received no answer. No action. City Manager Goldberg presented a check from the Chairman of the Civic Beautification Committee, Mrs. James MacMillan, for $150.00) for the ® Beautification Program. A motion was made by Commissioner Brice to accept the check. The motion was seconded by Commissioner Kellyf and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® City Manager Goldberg presented some bills from Broome E Farina, as follows: $1,160.05 136.50 450.00 200.00 ® 221.00 City Manager Goldberg recommended that the bills be paid. A motion was made by Commissioner Kelly that the bills be paid. 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 • City Manager Goldberg presented a bill from Crouch Bros. , in regards to the 01d Dania Bank Building, as follows: $207.86 He recommended approval of the bill. Commissioner Brice asked City Attorney Walden if they needed a motion S to pay that bill. Mr. Walden replied that they did not. City Manager Goldberg stated that the City Attorney has a resolution appointing Hubert Walker as Building Inspector. City Attorney Walden stated that they need to adopt a resolution appoint- ® ing Hubert Walker as Building Inspector, to serve at the pleasure of the City Commission, at an annual salary of $6,000. A motion was made by Commissioner Brice to adopt and pass the resolution. The motion was seconded by Commissioner Kelly, and the roll being cal- led, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ^ity Manager Goldberg presented a letter from Louis Marrone, who re- c=ntly purchased the property north of-N.E. 3rd Street to Gulfstream -14- • Y :z,Rke Mao Q 0 Road. He presented a letter from Mr. Marrone, in which he stated that he (Marrone) would give a 25 foot right of way on the North side of the street if the City wishes to continue the 6-inch water line to Gulf-stream Road. Mr. Goldberg stated that it is recommended by the ® City Engineers that we accept this and run the line. Commissioner Adams asked how long an area is it. City Manager Goldberg stated that he did not know the distance, but it is not too great, since they already has a water line to the end of ® the property. A motion was made by Commissioner Adams that they accept this right of way. The motion was seconded by Commissioner Brice. Commissioner Kelly asked if this is to be put in by the City. Commissioner Brice: If he gives us the 25 foot right of way. Former Building Inspector Wells stated that Mr. Marrones line stops at his first piece of subdivision. He has another piece in the middle that isn't subdivided, and then there is another piece where he is ® building the yacht basin, and there is no line there "so it will be a long line" . Commissioner Brice: But we wouldntt extend our line only to this area that he just purchased. ® Mr. Wells: In other words, you couldn't hook to the existing line, be- cause it only goes part way of his property. The remaining 2/3 of his property doesn't have a line on it now. Commissioner Kelly: I think this should be looked into. If he wants to give us something. . . .but I don't think we should be held to running 0 a line there. Commissioner Brice: Well when he came up here before it was said that as he developed that property that he would have to lay the water line. Now, at that time he did not own this piece of property. And I was assuming that what he meant here was that we would put the water line 0 on this piece of property for the 25 foot right of way which we need at that particular point. But not putting it down in front of the property that has already been discussed up here. Commissioner Adams: Well, actually, all we are doing is accepting this 9 right of way, we have no obligation to put a line in. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes ® Waiters Yes Marant Yes CITY ATTORNEY'S REPORT: City Attorney Walden read a letter from himself, addressed to the ;;embers of the City Commission, Re: some type of settlement with re- spect to the balance due under the contract and with respect to the penalty provisions in the sewer contract. A copy of this letter is artached to and made a part of these minutes. He stated that the Commission should make a motion giving the City Manager authority to settle this matter within the scope of this letter. A motion was made by Commissioner Brice that between the City Attorney arr! the City Manager they proceed to negotiate this with the Bonding -15- - 17- 6 F� r `7 fr i Company, within the scope of this letter. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: iF ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® City Attorney Walden presented and ordinance entitled: r AN ORDINANCE extending the time within which individual con- nections to the Sanitary Sewer System shall be made; and pro- viding the date on which monthly service charges for use of the Sanitary Sewer System shall commence; and providing that ® all ordinances or parts of ordinances in conflict herein be a repealed to the extent of such conflict; and providing that by unanimous consent of all commissioners present for an r. in troduction of the ordinance and the reading of the or- dinance on the first reading, g second reading and third read- ing on April 17, 1967; and providing for an effective date. 4 A Commissioner Adams asked how they are going to arrive at a figure to charge these people who have not hooked up. x City Attorney Walden replied that, so they can have a record of who has not hooked up, who owns the property, who they will bill, etc. , ® they ought to add a provision in the ordinance requiring that any- one who wants a six month extension beyond May 13th must come to the City Hall and apply for the extension. And they must agree in the application to be subject to this monthly charge. Commissioner Brice stated that Mr. Lindeman, when he was building ® inspector, prepared a list of a survey that was made of supposedly all the bathrooms in the sewer district. "I am quite sure that that is not 100% accurate, but it certainly well along the way of being accurate." He suggested that this list be used for those who have not notified the City of the number of bathrooms. Commissioner Kelly suggested that they could always correct the bills when the definite number is established. The motion was read in its entirety on first reading, and by title only the second and third times. ® A motion was made by Commissioner Adams to pass the ordinance on all three readings . The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes O Kelly Yes Waiters Yes r Marant Yes City Attorney Walden reported that he is planning to make the trip to Tallahassee with the proposed Charter Changes, at the Cities expense. Commissioner Brice was asked how far the City has gotten along with S the Old Dania Bank Building. Commissioner Brice suggested that, when r a sketch is prepared, and Commissioner Adams has been kind enough to say that he will see that a sketch is prepared as to how the building is to be remodeled, that they hold open house and let the people see i. what they have. He stated that there are not many people in the City t who know what that building is like on the inside. -16- O Commissioner Brice: The other thing that has come up, along with what Mr. Walden has just finished, I would like to see the Commission autho- rize the City to mimeograph a letter, and in that letter state the facts of this ordinance we just passed , and also the fact that they are going ® to be billed, and give the people some information pertaining to what is going on as far as the sewer system is concerned, so that they can read it. Now you will be surprised how many people call my telephone asking questions that we think they should know. Of all the times that this has been discussed before the Commission and things have been in the newspapers. But unfortunately, they don't. So I think they should ® know that they do have now until November 1st to get hooked up, and they will be billed, and then there will be no misunderstanding. One misunder- standing is that I thought that this was supposed to go forth with the assessment bills. People do not understand that it is a 10-year assess- ment. And I think this letter should also explain that; that 1/10th of it is due each year with the interest. Now some people don't understand ® that. And that is our responsibility, gentlemen, to see that the people are properly informed on these things. Commissioner Waiters: I think this, Commissioner Brice, if we had a newsletter through the Chamber and the City Commission. . . . ® Commissioner Brice: Let's forget the newsletter. I'm so tired of worrying around about newsletters. I have decided these two guys are not going to print any newsletter, so we are going to. ..I am going to authorize the City to do it. I'm tired of messing with newsletters. I've fought with both of them for six months. ® Commissioner Waiters: And you can't get them to do a newsletter? Commissioner Brice: No. Commissioner Waiters: We can get a new City Manager. City Manager Goldberg: Commissioner Waiters, for your information, the City Manager doesn't prepare the newsletter. . .the Chamber of Commerce does . Commissioner Waiters: Well, between the two of you there should be some joint agreement. At least this will save the taxpayers time and money. Commissioner Brice: Well, the thing about it is, gentlemen, these things that we are discussing here pertaining to the sewer would not necessarily have to go to all the City. It will only go in the sewer district. But the point of the assessment, how they are to pay it, and the interest; also the amount of their monthly charges, and if we get all of that out in a letter to the people, I think it would clarify some of these things, and it will save some misunderstanding down the road. Now the next thing is that we have talked about automobiles. And we hired a new Building Inspector. And I don't know how many of you have tried to ride in that trap that we give the Building Inspector to use. Have any of you ridden in it? Gentlemen, it is plain ridiculous for the City to ® try to operate a vehicle in the condition that that is in, and it is certainly well beyond the point of repair. Now, we made a suggestion here several weeks ago that we buy a police cruiser so that if some- thing ever happens with an accident with one of our police cruisers, we would have it and take either the Chief's car and give it to the Building Inspector, or give the Police cruiser to the Building Inspec- tor, so that we will have an extra here in case of an emergency. And I would still like to see us do it. We've got these two cruisers on order, and I see no reason why we couldn't increase it to three. So that we wouldn't be caught here in a situation of. . . .we haven't got a single automobile in the City that could be used as an alternative _ Police car if something happened; because they are just not fit to run. -17- t . V laws Ra A motion was made by Commissioner Brice to advertise for bids for a " x t police car, bids to be received May 15, 1967, at 8:30 P.M. The motion Gt . was seconded by Commissioner Adams, and the roll being called, the ® Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes ' • Marant Yes Commissioner Kell stated that he recognizes Y the former building in- spector (Armand Wells) in the audience. "I would like to publically ` express my opinion, I think the feeling of the whole Commission is s that of the well job that he did, and we are sorry to see him go, but it was real good while it lasted." And we appreciate your services to the City. That goes for all of us." Mayor Marant stated that the Police E Fire Committee had a meeting t with Chief Lassiter, and Lieutenant Eglinas, and they have decided to recommend to the Commission that a new Fireman be hired by the ® Fire Department. "This is our recommendation". He asked for Commis- sion action on it, so that Chief Lassiter ban submit his application to the City Manager and have this man hired by the 1st of May. y,N Commissioner Waiters asked if they lost a fireman. Fic • Mayor Marant: No, we didn't lose one, we are going to hire an addi- tional one. Commissioner Brice: We need him for inspections, and a lot of other things. ® Mayor Marant: So we don't go into double time and a half again with the summer vacations. A motion was made by Commissioner Brice to hire a new fireman. 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 • There being no further business, the meeting adjourned. • �)14A!k 1_::�U/f./G Mary4Thornhill City Clerk-Auditor s.: r • Luke- Richard Marant i4ayor-Commissioner -18- r;` CLARHE `VALDE-N ATMIIIJ:Y AT I.AW DANIA,FLORIDA RODERT E.DDDOW April 17, 1967 To: Members of the City Commission, City of Dania, Florida: ® Re: Our file number M-1783-W Gentlemen: Since the sewers were accepted, I have had extensive negotiations with • Mr. Boyd, attorney for the bonding company, concerning some type of settlement with respect to the balance due under the contract and with respect to the penalty provisions in the contract. Under the law of suretyship, the obligee (that is, the city in the pre- sent case) cannot collect penalty damages from a surety. After considerable re- search, I have been unable to find any exceptions to said general statement of law. Therefore, had the city paid out all of the money due on the contract, it could not have collected the penalty from the bonding company. As an extension of the above principle, Mr. Boyd argues that the city ® cannot deduct the penalty damages from the balance due under the contract. The bonding company is entitled to receive the balance and it is Mr. Boyd's position that, in effect, by trying to deduct the penalty, the city is collecting payment from the bonding company. Mr. Boyd has some legal authority to support his contention but it is my opinion that the Florida law is not settled on this particular point. • That is, the law is not clear as to whether a city can withhold the penalty from the amount due a bonding company which takes over the defaulted contract. The agreed upon balance due the bonding company is $134, 577. 98, item- ized as follows: • Agreed upon balance due on sewer contract $131, 696. 98 Agreed upon extras approved by Philpott, Ross & Saarinen, Inc. 2, 881. 00 • Total $134, 577. 98 In addition, there is some dispute over other extras with the estimated amount of these other extras being $4, 000. 00. Therefore, Mr. Boyd claims approximately $1387 577. 98 as being due under the contract. We also have the matter of a bill of $5, 703. 00 submitted by Mr. Phil- nott for additional work. If any penalty is collected from the bonding company, it would seem that the Philpott bill should be paid from the penalty as the theory of the penalty clause is to agree upon a fixed amount for extras such as the Philpott claim. Mr. Philpott has computed the maximum penalty that the city can claim as being $26,900. 00. There is some question as to whether this amount should be reduced because of the change orders given by the city during the course of construction. • Je c3 a pill: CLARtn; WALUEN t iviembers of the City Commission, r _ _ City of Dania, Florida April 17, 1067 P aCje Two. 5 After considerable negotiations with Mr. Boyd, I have finally obtained ® an offer from him to settle the dispute upon payment by the city of $120, 000. 00. Such payment would mean that the city would collect approximately $18, 577. 98, k:�t if there is a basis for claiming the extras which Mr. Philpott has not approved. I believe I can prevail upon Mr. Philpott to waive his claim of $5, 703. OG if such waiver is necessary to make a settlement. On the other hand, I am sure that Mr. Philpott will not waive the claim if we fully recover the penalty as, again, the purpose of the penalty is to pay claims such as that presented by Mr. Philpott. Also involved in the matter is the position of Hollywood Bank & Trust s Company. The Florida law seems to be very clear that the surety company comes before the bank and I am placed in the position of recommending to you that you recognize the surety company over the bank because of the established law on this subject. I quote to you from §25, Bonds, 4 Florida Jurisprudence 553, where the following statement appears: ® "The general principles of the law of subrogation entitle a surety to be subrogated to the rights of the obligee or labor- ers or materialmen against the principal. 'Thus the surety on the bond of a contractor for public work who completes the work after abandonment by the contractor is subrogated to the • rights of the governmental authority in the funds in its hands. Such right is one of the valuable rights which accrues to the surety upon its becoming obligated as such and cannot be de- feated by the contractor's assignment of the funds to secure a loan. The assignee of the contractor can acquire no greater right by reason of an assignment than that which the contractor himself might assert against the owner. " I have requested the bank to release the city from any obligation of the city to the bank. . I have not received a reply from the bank and I am somewhat • doubtful if it will give a release. If Philpott waives his claim, the payment of the $120, 000. 00 would pro- duce about the same amount that the city would net if it recovered all of the penal- ty and then had to pay Philpott. ® There are two practical considerations that influence my recommenda- tions to you. One consideration is that any litigation presents serious risks to the city. Obviously, if the city and the bonding company are in disagreement and liti- ® ganon, the bonding company will deny further liability on its bond until the litiga- tion is resolved. I feel that the city will make a number of claims on the bond vrithin the next few months and the city will be in a difficult position if the company has denied any liability on the bond. 0 The other consideration concerns the matter of witnesses for the city C W 1. UliN Members of the City Commission, City of Dania, Florida April 17, 1967 ® Page Three. in the event of litigation. In the past two and one-half years, I believe there • have been five different city managers anal a complete change of commissioners. Frankly, 1 think it might be difficult in proving the city's case because of possi- ble confusion over witnesses. Also, without going into any detail at the moment, any suit would probably cause Mr. Philpott's firm to be an adverse party to the city and it would be awkward to attempt to use him as a witness. • Naturally, if Philpott waives his claim for the $5, 703. 00, he will want a release from the city of any claim it has for any money damages. How- ever, such release would not free Mr. Philpott from advising the city on phases of the sewers under his initial jurisdiction. ® if you are in favor of the above proposal, I ask that you give general authority to the city manager to complete a settlement on the above basis. Natur- ally, a number of details have to be worked out and I cannot do this until I have some general authority from the city. • Sincerely yours, ` Clarke Walden • Cw/sc • • • O •