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HomeMy WebLinkAbout31131 - MINUTES - City Commission i CONFERENCE, UTILITIES COMMITTEE, HELD MARCH 24, 1967, 10:00 A.M. CHAIRMAN GUS S. BRICE ® MEMBERS RICHARD MARANT BOISY N. WAITERS Chairman Brice stated that this conference is regarding the Olsen Junior High School property as to why the sewer line was put in. He advised that Change Order #86, dated May 25, 1965, authorized • the installation of that manhole to .serve Olsen School at the School Board's request. It was a change order prepared by Philpott, Ross & Saarinen and was so reported and listed on the "As Built" on page 6S-A. It has nothing whatsoever to do with Pirates World. At the time we were laying the water lines, we have discovered that there has been a sewer line portion of it. We haven't dug it up, ® but there apparently seems to be a sewer line that has been laid to this manhole from Pirates World. Can the engineers for Pirates World tell us anything about it? Mr. Warren Craven was present and stated that there is a 4" force main that lays from the Pirates World to the manhole. Commissioner Brice: Is that laid in the street? Craven: Yes sir. Commissioner Brice: Mr. Craven, do you have any plans or specifi- ® cations on that? Craven: Yes sir. Who do you want me to give these to? I have got 5 sets of plans, specifications and inspection reports. Commissioner Brice called Building Inspector Wells and stated that he ® did not know whether it would come under Inspector Wells or Mr. Carney to check them over. Commissioner 9rice: Now the question comes up, whenever a utility line of any type is placed in public right of way, it is customary to get a permit from the City and to have the city's engineer inspect it. Can you tell me why this wasntt done? Craven: No sir. Commissioner Brice: Mr. Walden, do you think that, providing these • inspection reports visorandbyt approved hebuildinginspector� t ur engineer e d hatitwouldbe ne essary sewer forpus to go back and make a physical inspection of this line? , Request it? City Attorney Walden: I think the engineer would have to give you the advise from the engineering standpoint. I am just curious, if I may ask the question of Mr. Craven, you don't ordinarily do this do you? Craven: No sir. Walden: Who told you to do it. Craven: It was our understanding that the permission for the installa- ® tion of the line had been obtained by the owner. Walden: Mr. Farina, how would you physically tell whether this thing meets the City requirements without digging it up? John Farina, City Engineer: Mr. Craven has a letter of certification 40 that he has made tests on it. -•1- �r�i Craven: It was a pressure test made on the force main. ' ' Farina: Being a S1O ette to accept his statementIf hen says eit has omet the uld eppressure t that ltest, ® then it met the pressure test. It didn't state what the pressure test was. Walden: I frankly think the City has the right to reject it all. These people don't have the right to come in and initiate construc- tion without asking the city about it, then come to you later with ® certificates and affidavits and ask the City to approve it. I don't doubt for a moment Mr. Craven's professional integrity, but it is a variation of what Was always required. Mayor Marant: It would be a precedent we wouldn't be able to live down if we accepted it that way, I don't think. Somebody else would ® expect us to give them the same. Commissioner Brice: Gentlemen, we have the right to ask Pirates World to dig it up. If we can take a hard boiled attitude about it, em-"a-GaR, that is the reason I asked for these engineers to be here, I think that we, as the Commission, is going to have to depend on our ® professional people to advise us the action to take. There are two things that bother us very much about this € ti main line. Number 1 is that there is some question as to whether a four inch line is going to be able to feed that park or not. Mayor Marant: Mr. Brice, how about this suggestion? Why don't you • make him stake a performance bond on that line. If the line doeshit work, then you have the bond to make him put something in there that will work. Or if it breaks down you can make them fix it, or forfeit the bond. Walden: You can do that. And again, gentlemen, if you want to acco- • modate Pirates World, I think you can take the opinion of all these engineers that it meets the standards of whatever they say they have got there. I think eventually you are going to have the owner attend some meetings to explain why he took this all in his own hands. You can go ahead on the assumption that you can work something out. ® Inspector: Wells: Were these inspections made during the procedure of all of this, or did you just test it out after it was laid? Craven: We didn't have a full time inspector. d Inspector Wells: You did inspect it before back fill. Craven: Yes, we inspected all the joints and a pressure test was run. There was a pressure test run prior to the back fill, and there was a pressure test run after the fill . Inspector Wells: Is this including the whole park? Craven: No sir. Walden: Commissioner Brice, did you get an expression from the Engin- eer as to whether the size was adequate? Q Brice: (Asking John Farina) What do you think? Parina: I don't see any design criteria on here, other , than the pump. I'm sure that Mr. Craven's office made a study of what the flow was expected to be. I might say one other thing, there was something brought up about a four-inch line being adequate to serve the park. ® Offhand, I don't know what the designed flow of the park is, but keep in mind that this is a force main and not a graviTy line. And the -2- • U Lo Pumps are 1.20 gallon a minute pumps. I would say that maybe he should submit to the city the design criteria used for the sewage design. And the City could look it over and see if it is in accordance with what they think is adequate. Bill Carney, Sewer Superintendant: May I ask a question, is this de- signed to take care of all of the future buildings or just the facili- ties that are existing. ® Craven: It is designed to take care of just the facilities that exist. Carney: Not for future expansion. Recently there was articles in the newspaper about apartments being built to accomodate the Pittsburgh Pirates if they come here, also motels and etc. In other words, there will have to be changes to the system after that it done, if it is done. ® Craven: If it is done there will have to be some modification. Commissioner Brice: Gentlemen, the thing that concerns me so much about this is the fact that it is a force main line running there for approximately three blocks. Pirates World has been up before us for ® some zone changes and all for that area that they own to the North adjacent to this street. And it looks to me, and I am not an engin- eer, that the proper way that this sewer line should have been put in would have been a regular sewer line with a manhole. And the force main from their park right into the manhole so that any future de- velopment that they are asking for over on that side coUl.d be tied ® into it. You certainly cannot tie anything else into a force main line. Like I said, I am not an engineer, but that sounds more logical to me that that is the way it should have been done rather than a force main line run there for three blocks. Waiters: Do they have a force main running inside the sewer, or is this the outside? Brice: No, this is on the outside. City Attorney Walden: Who was the contractor on this job, Warren? Craven: Lester. Walden: Is he licensed here Stan? Do you know him, Lester? City Manager Goldberg: Lester? No. Walden: Does he have a license? Goldberg: No sir. s: Inspector Wells: It was told to me that you were the contractor on this job. Is that true? Craven: Contractor? No sir. Wells: Did you sublet the work, or did Pirates World? Craven: Pirates World let the work. Commissioner Brice: Gentlemen, lets let the City engineer and the Sewer Plant Superintendant, Building Inspector, and the City Manager look over these inspections and then, in connection with Mr. Walden, let them give us their recommendations. Then we will have to call Mr. Robertson in here because I don't care if it is Pirates World or who it is, we cannot allow people to just go about in the City and do as they please without having a justification for it. Now the contractors and others who will come in and get into another phase of it, but I don't think there is any action that we can take other than -3- • -b, to recommend that they study this thing and give us a recommendation. Farina: Warren were these plans approved by the Board of Health? • Craven: Yes. City Manager Goldberg: Did you get any other approvals? Craven: That is all that is required. • City Manager Goldberg: Any other approvals that you worked with our sewer engineers, dr :. .. .._ Craven: We discussed it with Philpott's office. • Commissioner Brice: Mr. Barry, can you throw any light on it? Ed Barry, Engineer for Mr. Philpott: The only thing that I know about it is that Mr. Craven's office may have discussed it with Mr. Philpott. As to what extent of the discussion that went on, I haven't the slightest knowledge. Mr. Philpott, in conversation with me yesterday, told me that • he knew nothing about what was installed or any part of it. Brice: To your knowledge, then, there was no okay given by you people to tie into that manhole? Barry: No sir. We had no authority to give it. • Brice: It wasn't even accepted by the sewer, so it would have actually been up to the contractor. Barry: There was no permission granted, as far as I am concerned. City Manager Goldberg: Since the engineers are going to be looking into • this, I think we ought to hear what John has to say about that. Brice: Well, we are going to get to the water. Yours is mainly water, isn t it, John. We are talking about sewer lines now. Do you have any-' thing that you can. . .any light you can throw on the sewer line? We are going to get to you in just a minute. I know that is the reason he is O here. Does anyone else have anything to say regarding the sewer line? Farina: Yes, I would like to suggest that the City get a comment from Mr. Philpott on whether or not the sewage plant is able to handle the additional load. I am sure that it will be, but I think you ought to ask. • Brice: Do you mean from Pirates World? Farina: Yes. Brice: Well that was. . . .I would have to go back and look at the minutes. • But this was discussed before we ever agreed to serve Pirates World. I'm sure that that is in the minutes. Because the question was discussed as to how. . . . .now, the next thing we come up with, and this is something Mr. Walden that you probably want to check into. . . .inasmuch as this is in a public right of way, whether this line will have to be dedicated to the City. Walden: I think it should be dedicated to the City. And yet, before you accept it, I am sure you will want to know whether it meets all your standards . And I think the City ought to have control over anything that is in your right of way. fa Carney: I would like to make one comment, Mr. Craven, your inspector on the job is part time? Craven: Part time. -4- • E,. 'u' R_ JiY d ) V 4 Carney: This is for the record, Mr. Farina, at any time that this line was being laid from Pirates Ports property to the existing man- hole in the City, did I ever inspect any part of that force main? "s' ® Carl Farina, from the firm of Davis 6 Craven: Not to my knowledge. City Manager Goldberg: Mr. Farina, or Mr. Craven, either one, when was that line put in there? Craven: It was some time in the latter part of January or the first of February. i5 Goldberg: What year? i Craven: This year. Goldberg: January of '66? Craven: 167. Walden: You were the supervising Engineer. Don't you generally, ® and doesn't every engineer, generally make certain that all the necessary permits have been obtained? I just can't conedive of an engineer letting somebody build something out in a public right of way without checking it. Craven: Normally yes. It was our understanding from the owner that 0 the. . .some agreement had been worked out with the City. Goldberg: This was all prior to January of 67? Craven: Yes. ® Brice: Walden, do you think we need any additional information? Walden: No, I think this committee ought to recommend to the Commis- sion at large that every action at Pirates Ports be stayed until we get the thing resolved. There is no point in getting involved in this rezoning and all that. Did the owner have notice of this meeting? Goldberg: Yes sir. He is out of the City. Brice: He was asked to have a representative here. Does anyone else have anything that they would like to discuss regarding the sewer? If not, I would like to take up the question of the water lines. ® Carney: Mr. Brice, may I ask one more pipe from the park area South was vitrift iedpipe. WTherelis notconcrete? Craven: No. ® Brice: Gentlemen, the next thing we want to take up is.-the plans for the water lines inside the park and the meter bypass and permits, and so forth, on that. Just to state for the record, I would like to read from the minutes of April 18, 1966, the minutes of the Commission meet- ing. There was a long discussion at that time over the water lines and the plans for the park. "Commissioner Brice stated the only thing that the Commissioners have not done as he suggested, is the actual dedica- tion to the City." Now that was on this sewer. "It is on a more or less use basis for the health and welfare of the Public. But Pirates World is to put in all of the water lines in accordance with Chief Lassiter's instructions. At that time, they were instructed to deliver Chiefto the plan ire h - drants and soafor h.ofNow, letasetake it fromr lines there..there Sotfarnhefas wey yknow the lines have been laid. The City does not have an been no permits, and no inspections on it. y plans, there have -5- O Igo Craven: Those plans were in;:luded with the sewer plans, on the same sheet. Brice: They are on the same sheet. Chief, have you seen these, ® any of these plans? Lassiter, Fire Chief: No sir. -' Brice: Mr. Craven, here is another case where there has been no permit. Craven: I realize that. Brice: Chief, can you see any difference in-these and the originals? ' Lassiter: Itm not that familiar with the original plan. Brice: You have that here, do you not, Mr. Wells? Building Inspector Wells: Yes sir. i`. Lassiter: In an amusement;:. park the hydrants should be no further ® apart than 200 foot. This plan that -they finally brought in showing ti the fire hydrants has them about 250 foot. la a: Brice: Mr. Craven, how far along are they with this water line inside of the park? ® Craven: The water line is complete. Brice: But there have been no fire hydrants installed? Craven: No sir. ® Lassiter: Another thing I was interested in is that the connection between the City water main and their water main be adequate size to serve the park and adequate flow for fire protection. The best that our system would provide. Brice: Mr. Craven, do you know whether your firm has drawn up specifications or any plans for the meter connections? any 's Craven: No sir. We have not. Inspector Wells: Have there been any plans about the sprinkling system? Craven: I don't know anything about that. Wells: You didn't authorize. . .. R Craven: I don't know anything about the sprinkler system. I under- stand that one is installed, or partially installed, but I have no .;F plans on it. I don't know anything about it. I cantt really comment on it. Price: Armand, do you have those other plans? The original plans. Letts check this plan against that on this fire hydrant thing. Commissioner Waiters: Now how far are these apart? Brice: Those are approximately 250 to 275 feet apart. Aren't they Chief? But what we want to know is whether that is the way it is put in. r _ Craven: They haventt been put in yet. f ,,,rice: i9ie water lines are all in. -6- ME Mayor Marant: I thought we were talking about the hydrants. Brice: That's right, but you normally put in the hydrants when you put in the water line. 9 Craven: There are no hydrants installed. Brice: Mr. Craven, do you know whether they put "T"s in the lines, or anything for the hydrants? Craven: No sir, 'they did not. Mayor Marant: Well how do they expect to put any fires out there without any hydrants? Pump it out of the lake? Craven: Yes sir. Brice: Gentlemen, I think that this committee should recommend to the Commission that all work at pirates world be stopped until Mr. Robertson comes in here and meets some of these things that he has Promised. And the information for the engineer is that we must have plans and specifications for his meter house and it must include a ® bypass for fire. Craven: Can I get some clarification on that? Would that be a Protectus Type meter? Brice: The second type is that provisions must be made to put in the ® fire hydrants in accordance with the original agreement as outlined by our Fire Chief, Mr. Lassiter; and that all permits obtained and arrangements made for a qualified inspection of all lines that have been laid or are to be laid. Mayor Marant: I would like to put in there that he pay the permit fees for the jobs already completed. Brice: One more thing, this work must be done by a City-licensed. . . a contractor that has a city license. Inspector Wells: I spoke to John today about this and there are some A suggested things that John has, I believe a list. And I would like him to read this off to the Commissioners about the sprinkling system that has been approved and the different things like that, that I think should be brought up. John Farina: Mr. Wells and I went over this thing I think Thursday. We came up with the following, that the City should have on file an overall plan of the park showing all the water lines installed or to be installed; the sewer lines that were installed and to be in- stalled; a plan of the paving and drainage plan for the area to show where the run-off water is going; and a plot plan showing all of the buildings and rides, etc. , which are showed on Davis & Craven's plans;and also a plan on the sprinkler system from whoever put the sprinkler system in, showing the type of pipe used, covered, where the lines are laid, where the valves are, the vacuum breakers put on it, and the entire system of what is out there and what is proposed to be out there. Also, the part that is already constructed, the city would like to have infiltration tests and exfiltration if required; pressure tests on the water lines; bacteriological tests on the water lines; a plan of the pumps and lift stations; and the force main, showing where it is, what kind of pipe it is, which I think Mr. Craven brought in today. The only other thing we talked about, I think there was some mention made about a letter of authorization for the tapping of the manhole on the sewers . There seems to be the idea that the owner said he had a letter of authorization from somebody to tie into the sewer system. If he has such a letter, the City would like to have it. -7- k sue' 'y Brice: Just a copy of it. fL John Farina: Basically, what we talked about, is that the City would ® like to have a plan of everything that is going on out there and any tests that have been run on it. Wells: Especially concerning the water rides, valves and so on,on that. There have been no detailed plans of any of that. ® There followed a short discussion between Mr. Craven, Mr,a Wells, and John Farina which could not be understodd by this transcriber. Brice: Well in that muck, though, as far 'as the pipe, we would leave that up to you fellows; whether than stick strictly to cast iron. Be- cause of some of the:,things".that'Hollywood 1has-:erlcbuntered with cast ® iron. I don't think it is a question of the kind of pipe, the way it is put in more than anything else. Brice: Now the next thing is the inspection of all of the rides that were erected out there. ® Barry: Mr. Brice, if you don't need me anymore I would like to go. Brice: Okay, thank you Mr. Barry. Pirates World was informed at the time that they came up here for the erection of the rides, because they did not have specifications and plans, the City waived and allowed them to go ahead and erect them with the understanding that a qualified O engineer, that was approved by the City, would inspect those rides from a safety standpoint; and then this inspection report would be turned over to the Safety Director for the state for his approval. Mayor Marant: Was that in the minutes, Gus? O Brice: Yes sir. In the minutes. Now I can't tell you the exact date, but it was in there. That is the only way that we let them proceed with the erection. Now the only reason I am bringing this out is that you folks, as their engineer, may want to get into this. City Manager Goldberg: Have you been doing the inspection of the O erection? Craven: We have been doing the inspection on the erection of the stuff that we have done design work on. Mayor Marant: How much of that is under your control? How many rides? O Craven: That's a good question. Let's take a couple "for instances" . Take the Skylift. . .we did the foundation on that. We do not have data on the superstructure, other than what effects the foundation. A specialist is going to have to come in who is familiar with that to run a test on that. The same goes for the ride that goes up and down. O Mayor Marant: Howrabout that ride that is banked by the sand, as you come in the entrance of Pirates World? Craven: You mean as you come off Sheridan Street and you go into the two gates? That's a steeplechase ride. We haven't done anything except the foundation work and layout work on it. Wells: I might add that on this structural work, as far as foundation, there were permits taken out. I had prints on the foundation, period. That's as far as I have been. I have checked as they were built. b Mayor Marant: How about the people who are putting the structural work in, have you gotten permits on them? You may as well put that down too. -8- Brice: At the time this came up, the City didntt feel that we had anyone qualified to make inspections on those particular special applications; and they did not have specifications that we could have checked. And that was. . . .Mr. Lindeman was Building Inspector at that time, and he stopped the job.until this was taken up, and this was the agreement that was made with the prior Commission with Pirates World. They would let them proceed with the erection of it, but it could not be put in operation until things as I outlined had been met. I think John that you were at that meeting that night. Craven: I know we sat down with Mr. Goldberg one time on that one ride over there. We took a ride over there and looked. They were going to have a safety engineer. We are going to test, and we are going to issue a certification on it once we test it. But on the other ones, we do not have sufficient information because this is m equipment that was manufactured in a foreign country. Brice: If you remember that discussion, that was the problem. We said that Pirates World was required to have some qualified engineers certify as to the safety of it. W?lls: Will that include. . . .we are talking about the safety. .or are ® we talking about the ride as a whole? Brice: We are talking about the ride as a whole. Because that is what effects the safety of it. Like the thing you brought out about the glass. Does that meet safety requirements? I don't think it does. And I don't think you think it does. But I am not qualified to say. ® Is there any more questions anyone has? Is there anything that you have, Mr. Craven? Craven: No. I think there is a lot of questions here that only Mr. Robertson could answer. And since he is not here, I am not in any ® position to answer them, because a lot of these things I have no knowledge of whatsoever. Mayor Marant: Is Mr. Minick in town? Craven: I do not know. ® Mayor Marant: I would like to see him show up, because he is the one that designed a lot of this stuff. Bob Minnick. I don't know how much Mr. Robertson knows about the internal part of the operation, but I know Mr. Minnick is the one that designed all this stuff. <.� Brice: I think that pretty well covers it if no one else has any other questions. Gentlemen, we certainly appreciate all of you being here. Because I think that we were beginning to get down to the questions now that will have to be answered before this theme park could open. We are actually recommending that they stop everything until he comes up with some of these answers. Gene Janus, Newspaper reporter: Mr. Brice did you say you will actua- lly stop everything. Brice: Until he comes up with some answers. Janus: You mean Mr. Robertson? Brice: Yes. Now this is what we are going to recommend. We don't have the authority to do it. We will have to recommend this to the Commission. This is only the utility committee, and we are only as an advisory to the Commission as a whole. We cannot stop them. City Attorney Walden: I think on anything where he has a permit he would be entitled to go ahead. He just should be placed on notice that the City is not going to let him connect to the sewer system. -9- Brice: Well there are some water lines that have been put in without any fire hydrants. ® City Attorney Walden: He should be placed on notice that he may not get his Certificate of Occupancy. Brice: Well, do you think it would be better to just put him on notice. Mr. Janas, the City Attorney recommends that we just put him on notice that he will not get a Occupancy Permit, rather than to stop the work. ® Because some of it he does have permits for. Carney: Make I make a comment on the force main? Mr. Craven has just stated that that force main has asbestos cement throughout, with the exception of the cast iron drop in the manhole. ® Brice: Mr. Craven, I would like to ask you a question. Isn't that line broken in one spot, or do you know about it? Craven: It was broken. It was supposed to be repaired. Whether it has been repaired, I haven't checked it since they.-. .,'.retested it since the concrete truck backed over it. It must have been 3 or 4 hundred ® feet East of the Junior High School. And it did break about 80 feet of it. Wells: Do you know who repaired that? Craven: It was repaired, I would assume, by Lester Construction. If ® it was repaired, we haven't looked at it since it was broken. Mayor Marant: Would your pressure check show whether or not it. . . Craven: Well, it was pressure tested-lprior to the time it was broken. And then retested since then. ® Mayor Marant: But it would show, right now if you pressure checked it again, if it hadn't been repaired it would show up, correct? Craven: Yes. • Brice: I think we should put it on record that it should be retested. City Manager Goldberg: Is the pumping station for the force main operative? Craven: No. S City Manager Goldberg: Has it been operative at all? Craven: No. Carney: Is the force main plugged at this time? With the exception ® of the Craven: Not to my knowledge. Carney: Mr. Farina, didn't you say that the force main was plugged', to the best of your knowledge, inside the pirates port property itself? 0 Carl Farina: No, I said that the pumping station was not in operation, and thereby nothing could be contributed to the system other than the possibility of infiltration into the line. Brice: I would assume from the inspection of it that it is plugged. Because, in that swamp out there, we are not getting any water into the manhole. And I would assume, now I didn't see the plug, but I would certainly assume that it was plugged because otherwise we would be -10- ,. r n7, F � getting some water. +,e Carl Farina: Not necessarily, those are pretty tight joints. Brice: No but I mean at the end if the end is open. stir a" Carl Farina: There is nothing introducting any water into this line, because the pumping station has to introduce the effluent into the t`•= line, and the pumping station is not operative. So the only thing you could possibly have would be infiltration water, and we should ;n not have infiltration in a pressure line. Brice: So there is no evidence of any infiltration. Is there any- thing else anyone has? ,r ra There being no further business, the meeting adjourned. �P i r i -11- l}: • 1 � MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD MARCH 24, 1967. • The City Commission of the City of Dania, Florida, met in Special Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER RICHARD MARANP COMMISSIONERS JAMES G. ADAMS (ABSENT) • GUS BRICE ROBERT KELLY BOISY N. WAITERS CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG CHIEF OF POLICE ANTHONY CARACCI BUILDING INSPECTOR ARMAND WELLS • CITY CLERK MARY THORNHILL Mayor Marant stated that the City Attorney requested this meeting, { and he turned the meeting over to him. City Attorney Walden stated that yesterday he asked City Manager �y • Goldberg to request a Special Meeting so that the City could con- sider paying approximately $100,000 of the money for,i the Sewer Contract to the Peerless Insurance Company. "The thing sort of fell through this morning, so there is no real need for the meet- ing, but I will be glad to report to you, about why I called it and what the problems are at the present time." • City Attorney Walden continued: Back in the early stages of the sewer contract, when the City was trying to co-operate as much as possible with Mr. Mears, he asked that the City agree to recognize an assignment of the 10% retainer, which is approximately $130,000. to the Hollywood Bank & Trust Company. He wanted to pledge that • retainage as security for a loan, with the Hollywood Bank & Trust Company. And the City being anxious to co-operate with him at the time, adopted a resolution agreeing to recognize such an assignment with it being conditioned upon M B Construction Company completing the contract, in accordance with all of its various terms. In the latter stages of the contract, as you well know, M. B. did not pen! • form by the completion date; and finally the bonding company, Peer- less Insurance Company, which was the surety on the completion bond, stepped into the picture. While I don't think to this day we have got any formal acknowledgement from Peerless or M. B. ad to the relationship between each other. As a matter of fact, you all know, that in recent months Peerless did the work to complete the under- ground work. I think there is still some surface work left. Also in recent months, the Internal Revenue Service came down and filed a claim, which I recall there were two of them that total appro- ximately $50,000 just to give you round figures. And we have had many other people file claims, which the City is not obligated to recognize. We also have a claim against that money for approximately • $26,000 for the penalty provision. We received a bill from Mr. Phil- pott the Engineer for claims under $6,000 for the work required from him beyond the completion date. Mr. Boyd, an Attorney, who represents Peerless Insurance Company, recently asked me to request that the City try to agree what they will pay out. He suggested some compromise on the penalty, and we are working towards that goal. He further indi- cated, and basically he is right, I think the Hollywood Banks position ' is very weak. I don't think they have any substantial claim to the ?. money. So he told me as a part of the condition that he would get a release from the Hollywood Bank. We worked together and we both got the internal revenue to back out of the picture. So as of yes- terday, the only real claimants to the bond were the Peerless Insur- e • ance Company and the City, and also Mr. Philpott. We are holding approximately $132,000, and we held back $32,000 and paid out $100,000 -1- • F to Peerless, but we still have ample money to cover the penalty. But it was all conditioned'upon our getting a release from the Hollywood Bank B Trust Company that they made no claim. I talked with Mr. Beckwith, the Attorney for the Bank 6 Trust Company, yes- terday afternoon and he agreed to give me a letter releasing the City from any claim by the Hollywood Bank. This morning at 10:00 he called me and said that as a matter of strategy that his bank was involved in a separate dispute with the Peerless Insurance Company over some lands in Arcadia. But they can't seem to get settled so he doesn't wish to co-operate or give up any position, ® but he infers that he recognizes that his position is very weak. But he had to change his mind this morning, and he would not give us a release. Therefore, at this point, I cannot recommend to you that you pay out $100,000 until we know exactly what position the Hollywood Bank will be. If we are unable to do anything within the next few days I will perhaps recommend to you after giving it some ® research, that we file what we call an Interpleaders suit; where we simply join all these people in a law suit and tell the court that we have "X" number of dollars, and we don't know who is entitled to get it. We just deposit it in the court and let the people fight over it. I would prefer avoiding that because we ought to do everything we can to avoid a suit of that nature. And we ought to • try to settle the matter. And Mr. Boyd was very upset when I talked to him at 10:30, because he had planned to come up here at 1:30 to pick up $100;000 . He is going to start a suit. And he says if we are not going to co-operate, then perhaps his company would just deny any further liability on this bond, the one year completion bond. And if there are any defects, we may find ourselves in a O suit with the bonding company. With all of these reasons, it is still my strong recommendation that you try to work out some settle- ment, although I should have researched it a little morh`�and give you an opinion on it. I am hopeful that I can prevail upon Mr. Beckwith to do what he agreed to do yesterday. Again, he apologized for that. But he said after he checked with his bank they refused • to let him go ahead. But I think that after they are generally informed of the picture, we can work something out. Mr. Boyd indi- cated he is going to send a demanding telegram. He said he is going to get it here by 1:00. He can make any demand for the money, but I think you have the right to take a reasonable amount of time to get the proper advice. So that is my report as to why I called the meet- ing. I will give you a written report next week with a legal opinion. But I don't believe there is anything you can do today. That was the purpose of the meeting. So there is no action to take. Mr. Walden continued: I would like to mention very briefly one.other thing. The purchaser of the Banyan Club called at the office this • morning. He states that the State has approved the transfer. I be- lieve you made some informal reference to that last night. As I in- dicated to you, I think the Commission is now in a position where you have to go along with the transfer. I think you can take it up at a regular meeting. I told this purchaser that this was a special meet- ing called for a particular purpose today, that I did not think the • Commission would take it up, that they would take it up at the next regular meeting. And, Chief, if you will make any further investiga- tion that you may require, the Commission can consider passing it on two readings at that meeting. But, based on what this man said, he seems to be satisfied waiting until then. So there is no action to be taken today. Commissioner Brice took up the question of the sewers. He stated that they have brought up from time to time the transfer of funds from the Sewer Fund to the General Fund, but they haventt done any- thing about it- "On this penalty thing, is there any way that we could, and I am thinking strictly from the standpoint of you know O possession is 9/10 of the law, that we could withdraw from that retainage the penalty. Then it would be up to them. In otherr, words, a-, I see it, the City has first claim on that for any money that is owed us ." • -2 F : 1 City Attorney Walden: That's the position I take, but I still thinly though that you have got to leave it there temporarily until after we research it a little more. Frankly, based on what I have heard in the last two or three weeks, I thought that they would be able to settle ® this thing. I have not thoroughly researched it. You could transfer everything but $132,000. I think it is $131 thousand ,and something, plus an acknowledged amount of about $2,200 something for extras. So everything but that amount you can transfer. Commissioner Brice: Well now, of course, this doesn't affect the ® transfer of the funds from the Sewer Fund to the General Fund, because this is not out of the retainage. City Attorney.Wa]den: Right. But I don't know the name of the fund. Whatever you have set aside for the construction contract, it is $131 thousand something. City Clerk Thornhill: You mean the balance due Mr. Mears? It is $131,696.94. City Attorney Walden: And then there is approximately $2,000 or $3,000 that Fhilpott acknowledges due for extras. City Clerk Thornhill: Oh, well I hadn't seen that Mr. Walden. And in the construction fund, as of March 1st, we had $285,279.05. Commissioner Brice: I think we should pass a resolution, if that is what it takes, to transfer from the Sewer Construction Fund the amount of money that has been advanced from the General Fund for. the opera- tional expense of the Sewers. Now that is for salaries, soi forth and so on, that is somewhere in the neighborhood of what, Mary? $17,064.32 as of March the first. Now we have this months salaries and expenses also. Because the main part is that we are financing the sewer department out of the General Fund, and now that we are in operation, we should take those funds and put them where they belong. Do you know the approximate amount. City Clerk Thornhill: Well, as of February 28th, Mr. Walden, it was $17,064.32. AI City Attorney Walden: If someone will make that resolution, that's proper. A motion was made by Commissioner Brice to pass a resolution transferring from the Sewer Construction Fund all monies that have been advanced from the General Fund, as of March lst. 0 Commissioner Brice explained that the reason for that is that they can come back later and transfer any that they have advanced in the month of March. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Brice Yes Kelly Yes Waiters Yes Marant Yes 0 Commissioner Kelly asked "You have $132,000 as a 10% retainage, is that correct?" City Attorney Walden: Yes. Commissioner Kelly: You were recommending $100,000. City Attorney Walden: To release now without prejudice. They are en- titicd to $100,000. -3- j Z'.11 7' 2 d Commissioner Kelly: The bills that are due our water department for breakage and so forth. . .this, plus our $100 a day. . .all this will " ' come out of this? < : ® City Attorney Walden: I don't recommend it today, because I don't - J know the position of the Hollywood Bank. In other words, if you pay == it all out and the Hollywood Bank is i yw going to sue the next day, which I don't think they will, then you may as well not pay anybody. a Commissioner Kelly: Does the Peerless claim that they are through ® with everything now? What is the situation here? ' City Attorney Walden: No, as of yesterday-they didn't. z Commissioner Kelly: Why have they come up with this that today they want the money? a:u. City Attorney Walden: They have got to pay people themselves. u Commissioner Brice: Regarding sewers, I would like to bring up al n point of information here. It has come to the attention of some of }?, the Commissioners that our ordinance reads that people have to be rtn hooked up within the 90-day period. It appears that because of the rush of time that some of our, I say it appears that way, noly we . ! don't have an positive , p y p proof of it some of the lumbers and dif- ferent people installing,theser;lat.erals"'arenbeginning to really gig i the people by exorbitant charges, The question came up as to whe- "? • ther, even though we have this ordinance on there for the 90 days, we could just more or less go on record of extending the hook-up time. But that they would be billed for the monthly charge at the end of the 90 days, as the ordinance reads. Byt that we are giving the people an additional, due to the rush of things, giving them an qr additional 6 months .to complete their sewer hook-ups. Now if we do ® that, we take the pressure off of the citizens out here where the plumber, : if he knows he can't get this job today, why they have time to shop around and not get panicky over it. Can we do that without changing an ordinance? City Attorney Walden: You don't change the law, you simply don't enforce it for a certain amount of time. You just let it be known that you recognize this 90 day delay due to the hardship. Commissioner Brice stated that the only thing that comes to his mind is that they do not want to do something that. .':we don't want the people to get the idea that they will not be billed for their monthly charges. Because they are going to be billed. Now, can we extend it and still start billing them as of the 13th of April, which is When our 90 days is up." City Attorney Walden: You can. I think I may recommend that you make anybody that wants to do that have a little form letter saying S that they will agree to be billed if you give them an extension. Commissioner Kelly stated that there is another problem. "If they are billed, they have to come in and sign up how many bathrooms they have and so forth" . Commissioner Brice stated that they have a fairly good check of that. They have everything except commercial property. It was recommended that a letter be sent with each of the assessment bills notifying them that the monthly charges was an actual lien against the property owner. This letter should be sent with every assessment bill. Commissioner Brice stated that Mr. Walden should draw up the letter. -4- r 3� a x g'_ a City Attorney Walden stated that the Mayor asked him to prepare a Resolution. He then read the Resolution entitled: A RESOLUTION setting a procedure concerning discussions and questions from the floor at meetings of the City Com- mission; and requiring that all matters be placed on the i ' Agenda except in unusual or emergency conditions; and de- termining a method to handle unusual or emergency con- ditions; and stating the purpose of this resolution; and repealing all resolutions or parts of resolutions in con- `` ® flict herewith; and providing that this resolution shall become effective as of the date of its passage and adoption. Y: Mayor Marant explained that the reason for 'this resolution is to prevent a recurrence of what happened at the last regular meeting. y . , H Y the e stated that this way 2 r�r y (the Commission) can be prepared for u!r� What comes up and they can have some answers to their questions. He stated that if something comes up that is of an emergency nature, At the people can submit their request in writing to the City Clerk, who in turn submits it to the City Manager for his decision. Then if the City Manager deems it of an important nature, he may bring it up at the meeting under the heading "City Manager Report". ° Commissioner Kelly stated that he wouldn't want the majority of the citizens of Dania to be jeopardized because of a few people. Mayor Marant stated that they can be put on the agenda up to the regularly scheduled time which is up until 5:00 of the Tuesday prior w to the Monday meeting; or else they can come in that Monday morning before 10:00 with a written request that this be brought up. They give this request to the City Clerk, who in turn turns it over to the City Manager. Commissioner Brice stated that further, these people may contact q either of the five Commissioners and explain what they wish to bring up. Then at the meeting this Commissioner may bring it up under his report. City Attorney Walden stated that, as Mary (City Clerk) knows from her experience, many things people bring up and discuss at Commission • meetings off the floor, it should be handled by the Police Chief, the Fire Chief, or the City Clerk. And the Commission really should not get involved in it. City Clerk Thornhill stated that most of the time they don't know about it until it is brought up on the floor. A motion was made by Commissioner Brice that the resolution be passed. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Brice Yes 0 Kelly Yes Waiters Yes Marant Yes City Manager Goldberg stated that he received a call from Mr. Golden (regarding the transfer of the Banyan Club license) and he would like ® to know the sentiment of the Commission as to whether they are intend- ing to approve the transfer. City Attorney Walden stated that he is going to recommend to the Com- missioners,at the next regular meeting, that they have to approve it as a matter of law. Commissioner Brice asked Chief Caracci if he has checked Mr. Golden out. -5- 1 1�C _y h r� Chief- Caracci stated that Mr. Golden advised that he is buying this license in his fatherts name, for speculation purposes. r. City Attorney Walden advised that since the state has granted the ® man a license, the City has no other choice but to grant him one. He stated that the only thing the City has control over is the hours of closing, the zoning laws, and health laws. He stated "Frankly, if you have any problems with them, y6u can take away the 4:00 license from all the places. I can show you exactly what to do, how to stop them" . • Commissioner Brice stated that this'was discussed with the prior Com- mission, and he would still like to know if this wouldn't handicap the legitimate businesses. City Attorney Walden stated that he could show them how it could be • done. "Then the next time you have a problem from these people, then you ought to bass that ordinance" . Commissioner Brice: Then let's do it now. Why wait until we have problems. If you can keep us from handicapping the legitimate man, then let's pass the thing. • City Attorney Walden stated that he would bring an ordinance up to the next meeting. Mayor Marant suggested that the City Manager get together with the Building Inspector and the Fire Chief to make sure that they have made • their final inspections. There being no further business, the meeting adjourned. • • May Xhornhill City Clerk-Auditor • Richard Marant • Mayor-Commissioner • -6- "'t ;n.^'-r-c^— --^,.l v. r.^^: „zc^c-,...fir -.i:S`s+. -'-'.`.... .n.._, ,T� .,. _ ;...: -.r^r r..,..... racrtr—^ •s-iF�'�,.:.a List of suggested requirements from Pirates Part 3 • 1. Plans and Specifications for: a. Water Distribution System, incl. valve and hydrant locations. b. Sewage Collection System ® c. Sewage Pumping station and force main. d...Lawn sprinkler system showing valve and vacuum breaker locations. e. Paving and Drainage Plan • f. Plan of Buildings and rides. 2. Letter of Authorization (if any) to connect to Dania Sewer System. • 3. Test Reports of Certification on: a. Infiltration end/or exfiltration for sewers b. Pressure and bacteriological for water. c. Pressure for force main. • 4. Approved Florida State Board of Health Plena for meter and sewer facilities. 5. Water meter installation. 6. Safety Inspection by Safety Engineer • • • • •