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HomeMy WebLinkAbout31134 - MINUTES - City Commission MINUTES OF SPECIAL MEEIING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD MARCH 2, 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 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 ARMAND WELLS CITY CLERK MARY THORNHILL Tl.a meeting was called to order at 7:00 P.M. by Mayor Marant for the purpose of holding a Public Hearing on the assessment roll and other business pertaining to the Sanitary Sewer System. City Attorney Walden read the notice of hearing published in the ® Dania Press on February 17, 1967. City Attorney Walden stated that he understood that several written objections have been filed, and he suggested that they call for any additional written objections from the audience. ® Mayor Marant: I 've already called for objections, and the only one who said they had one was Mr. Houston, and he hasn't submitted it yet. The first objection submitted was from City Engineer John Farina, ® recommending a change on No. 407-A, Philomena Urbano, owner; and No. 407-B, J. C. & Judith K. Sessa, owner; due to all of the pro- perty described not being served. The Assessment Roll shows that it is 490 feet, where actually it is 130 feet. He recommended that it be assessed on the 130 feet. A motion was made by Commissioner Brice to accept the recommendation of the City Engineer. 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 2. Beaver Apartments, assessed 205 feet, $1,250.00 on Lots 2 & 3 . Lot 1 is not on the roll at all. ® City Engineer John Farina stated that this is the first he has heard of this objection, and he preferred not to comment on it until he could look it over. Commissioner Brice stated that Mr. Beaver has agreed to be assessed on 200 feet, and he (Brice) was willing to go along with that. Carl Zenobia stated that he was on the Commission at the time that -1r. Beaver gave the 15 feet to the City, and they paid him $300 for that 15 feet; so the difference would be to take off the 15 feet, for which he has already been paid. "Deduct the 15 feet, and the *300 should be enough" . Since City Engineer Farina had gone to his office to get some papers, Co:.:missioner Adams suggested they table this momentarily. -1- f 3. Joseph Pannone, who objected to the assessment on lineal foot basis. No. 2156. ® City Attorney Walden stated that he did not think they could con- sider this tonight since they had hearings on this long ago, and the state law, as a matter of fact, requires them to use the lineal foot basis. Mr. Pannone was present and showed some diagrams of his property. City Attorney Walden stated that the state statute further states that where there is an odd shaped or irregular parcel they could make a reasonable adjustment. City Engineer Farina, being now present, suggested that they reduce it 34.7 feet for the radius, which would now make it 190.01 feet. This is No. 2156. ® A motion was made by Commissioner Brice to adjust this to 109 feet. 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 Continuation of 2. Beaver Apartments. No. 2058. • City Manager Goldberg stated that it appears that Lot 1 was left off, and should be included. Also it indicates Lot 1, less 15 foot radius, or 27.5 feet. Which would be 205 feet,less 27.5 feet; or 177.5 feet. A motion was made by Commissioner Kelly to reduce the assessment by 27.5 feet. The motion mas seconded by Commissioner Adams, and the roll being called, the Commissioners voted .as follows: Adams Yes Brice Yes Kelly Yes ® Waiters Yes Marant Yes 4 . Lewis B. Wertz. No. 2433 . Mr. Wertz submitted a sketch, and City Engineer Farina explained that Mr. Wertz says he will subdivide the land in this manner (as per sketch) and would be assessed for 294 feet. He also says, if he does not sub- divide it in this manner, but in some other manner, he will agree to pay for the 399 feet as well as the 294 feet. Commissioner Brice asked if there could be an agreement written up that 6 he be assessed for the 294 feet, and that when this property is sub- divided as per the attached sketch, the owner agrees to pay for the sewer lines to go in on the street. John Farina: Without an assessment being charged? Or if you want, to call it something else, it will not be called an assessment. Maybe a tie in charge. Commissioner Brice: He will have to pay the regular tie in charge which is going to be assessed. John Farina: If that is the case, then I would say go ahead with it. Commissioner Brice: In other words, that is the same with any sub- division, that they have to put in the sewer lines and then dedicate it to the City. But it will have to be understood that when he sub- ,iivides it, he will have to pay for the sewer lines and the tie in charge. You can't take a choice. -2- Aft dank rE John Farina: I would like to suggest this to you gentlemen, that this, if this is agreeable to Mr. Wertz, that he pay for this 297 feet at the present time. If he does not go ahead and plat the area, that he will also be held for the 399 or 400 feet. If he does plat this area in accordance with the sketch he has presented to you, he will construct the sewers flecessary to pick up sewage from the land he plats; and will pay whatever tie in charge is set up by the Commission at that time. And the tie in charge, I feel certain will not be along 2nd Street, but will be along whatever this North-South street will be. • City Manager Goldberg: Mr. Mayor, may I just clarify a Point? I think it ought to be clarified that the bond issue for the sewers is for some 2� million dollars, roughly. And' that the sewer ordinance which was passed several years back provided that a minimum of 800 ,000.00 of this 2' million dollars shall be raised by sewer ® assessment. This assessment is actually payment towards the sewer treatment plant, payment towards the lift stations, and it is pay- ment towards a number of the operations for the sewage system, as opposed to being payment towards the lineal feet of pipe from a particular piece of property. So, for example, at the end of a street the sewer line may end in the middle of a lot, so that if a person has a 100 foot lot, there may only be 50 feet of pipe in front of that persons house. Nevertheless, that house is being served, and they would be paying their frontage protion, for that service. That is how this assessment in based. They are not pay- ing for the actual pipe in front of the house. I think the diffi- culty is that you are trying to apply the pipe distance. Now as I ® gather here, the Engineer is suggesting that possibly what might be considered by the Commission is to settle now on 2nd Avenue; but if he only owned the 100 foot depth on Second Avenue, he would still be assessed for 294 feet on any of the rest of the property. He would still be assessed 294 feet, is that correct? Mr. Wertz: The assessment as he has got it worked out now, is greater than the golfcourse. They too are entitled to pay some on the plant, just like this piece of land. But there is a limit to how much one little patch of land that you raise cabbage on is supposed to pay on a sewer plant. These bigger tracts of land are supposed to be more or less in proportion. At the rate he has that figured, it is 0 $1,111.90 an acre, :and on the golfcourse, it is $90.00 an acre. And my neighbor on the East is $288.00 an acre. Now you say you don't figure it by the acre, but the acreage is benefitted.by the sewer plant being there. Commissioner Brice pointed out that if the land was platted as per the • sketch, Mr. Wertz would be paying a whole lot more. Mr. Brice stated that he felt that Mr. Farina was putting Mr. Wertz equal with any other unplatted land. Any other unplatted land is going to be up against the absolute same thing as Mr. Wertz. . "You spoke of the golfcourse. If that ever ceases to be a golfcourse and he develops it, he is going to have to go through exactly what you are going through now." Robert Houston asked what agreement has been made with subdividers when they put in lines. City Attorney Walden stated that they have had to make a lot of in- dependant agreements, such as with Richardson when he built the ' 8 apartments across the tracks, and the nursing home, and other such cases. The subdivider pays for the actual cost of whatever he in- stalls plus some agreed upon price for his share of the overall improvement. We have to adopt a hard and fast rule. I think after the whole project is in, then the Commission can make individual arrangements on these things. ,John Farina: I recommend this to the Commission regarding Mr. Wertz's - roperty. . .that at the present time, he be assedsed for 297 feet along 2nd Avenue. . .as long as this property is not subdivided. When the pro- perty is subdivided, no matter which way it is subdivided, Mr. Wertz -3- fiT. if should be charged some fee based on a lineal foot per platted lot. And that he be required to install his own sewer facilities. One other suggestion I will put in here for the Commission's consider ation. . . .if he platted his land, however he platted his land. . . that he be charged (if it has one street or five streets) some unit price per lineal foot on the lot frontage. Then be given credit for each lot, plus putting his own sewage facilities in; but he be given credit for the dollar 4alue of the 400 feet that he is being assessed for now. ti•, A motion was made by Mayor Marant to accept the assessment for Mr. Wertz, No. 2433, with the exception that if the land were subdivided, Mr. Wertz will be given credit for 400 feet, $2,440.00, toward the a; tie in charge, whatever that charge may be, for tying in the rest 4" of the property. The motion was seconded by Commissioner Waiters. x4 Mr. Sinclair, from the audience, objected. ,v'c0 City Attorney Walden stated that with all these conditions, they may have some future misunderstandings. He recommended that they 'r. not set any conditions and just make a motion to accept the ini- tial recommendation of Mr. Farina, without any strings attached to it. And then Mr. Farina, in all fairness to Mr. Wertz, ought to write a letter to the City tomorrow going into some detail as to what his recommendation is, as to how it ought to be handled. That ought to be placed on file so that if Mr. Wertz does subdivide they will have the Engineers recommendation on file. Mayor Marant withdrew his motion. Commissioner Waiters withdrew his 0 second to the motion. A motion was made by Commissioner Brice to accept the assessment as is (on assessment roll) . The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: 0 Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes 0 S . Apex Products Corp. John Farina explained that Mr. Poutinen has four buildings on this property. Mr. Farina stated that"Mr. Poutinen would like to be re- lieved of this 130 foot assessment, since he said he is not being tied in on the South side of the property, and the sewer on 5th 0 Street is of no further use to him. Mr. Farina recommended that, since this property is beih4 served, whether it be served on 4th Street or served on Sth Street or Federal Highway; and since it is being served, the 130 feet should remain and the 108 feet should remain. 0 A motion was made :by Commissioner Brice that, rather than relieve the 130 feet, that they assess Mr. Poutinen on the front footage that is on Federal Highway, which will give him some relief. The motion was seconded by Commissioner Adams. City Clerk Thornhill asked what is the footage on Federal Highway. 8 Mr. Farina replied 220.07.feet. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes 0 Kelly Yes Waiters Yes Marant Yes -4- c . A44ii MY 6 . I. T. Parker, Lots 5, 6, 7,8, 9 and 10 and the North 8' of Lots 11 and 12, all in Block 1, Town of Dania. John Farina explained that Mr. Parker has been charged 208 feet ® made up of these individual pieces. The service is to his property, and he has been charged in accordance with what was originally set up. lie recommended that it be left as is. A motion was made by Commissioner Kelly to accept the roll as is. 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 Commissioner Brice stated that, with regards to I. T. Parker, they have assessed Lot 1, which they cannot serve. 'Ve should make a correction" . He suggested that Mr. Farina check No. 1098 to be sure if it is served or can be served. 6� 7 . Robert Houston. Property on corner of 2nd Terr. 6 Stirling Rd.(SW) No. 1456. Mr. Houston stated that he has been assessed on 2nd Terrace because that is the street where the line runs, but he should be assessed on Stirling Road because that is the frontage of the lot. A motion was made by Commissioner Brice to assess for the front foot- age on Stirling Road instead of 2nd Terrace. The motion was seconded by Commissioner Adams. City Clerk Thornhill asked what the difference would be in feet. Mr. g Farina replied 27 feet. The assessment on Stirling Road would be 80.45 feet, for Block 1 and 2 together. After a lengthy discussion, Commissioner Brice withdrew his motion. Commissioner Adams withdrew his second to the motion. ® Commissioner Brice stated that they established a point on these tri- angular lots on a radius basis. This is considered the same type of situation as the one on loth and llth and Dixie Highway. In order to keep this on the basis as was established tonight, he made the following motion: ® A motion was made by Commissioner Brice to establish this one on the same radius basis on S.W. 2nd Terrace, Lot 1, Geo M. Phippen Sub. , instead of 67.32 feet, it will be about 50 feet. The motion was seconded by Commissioner Adams, and the roll being called, the Com- missioners voted as follows: • Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes 8. John Justice. John Farina explained that Mr. Justice has an unrecorded parcel between Federal Highway on the West, First Avenue on the East. This is a trailer park. He has been charged for 294 feet along 2nd Avenue because the sewer line runs along 2nd Avenue. D Commissioner Brice asked if this wouldn't be considered acreage. Mr. Farina replied it would because it is unplatted land. Commissioner Brice replied then they would have to consider it on the basis as Mr. -5- NOW Wertz property. After much discussion, Mr. Farina reported that the cash amount has ® been reduced by the figure $3,518 .12. City Attorney Walden suggested that the Mayor instruct the City Clerk to let the records show that he (Mayor) did call for any further written objections, and there were none. ® City Manager Goldberg reported that, even though he did not have it with him now, some time back he received a letter from the Dania Fronton in regards to the assessment being levied on both sides of their property, on both Dania Beach Boulevard and N. E. 2nd Street. Mayor Marant asked if this was before or after they published the ® notice for the assessment hearing. City Manager Goldberg stated that it was prior to the time that they accepted the sewer system. City Attorney Walden replied then he did not think they have a legal ® stand. There were no further written objections. The Commission requested John Farina to tabulate the final figure. Mr. Farina reported "The total figure as the roll now stands tevised is $866,444.58. Robert Houston stated that the sewer fund owes the general fund some money (around $9,000) and asked if it has been paid back, and if not, why not. ® City Clerk Thornhill replied .that it has not been paid back on the advise of the City Attorney. He asked the Commissioners to wait until a settlement is made with the bonding company and the contractor. City Attorney Walden replied that now, within the next two or three weeks, is the time to do that (transfer the funds) because they are now ready to settle. City Attorney Walden asked Attorney Robert Dubow to read the resolu- tion entitled: A RESOLUTION regarding the Municipal Sanitary Sewer System of the City of Dania, Broward County, Florida, placing the public on notice that an assessment roll has been delivered to the City Clerk-Auditor and that such roll is available for inspection by the public; and providing for a public hearing to be held at a special meeting of the City Commis- sion at 7:00 P.M. , Thursday, March 2, 1967, for the purpose of receiving written objections to the confirmation of such roll; and directing the City Clerk-Auditor to publish a Notice of Hearing, as required by statute; and providing for the action generally that may be taken by the City Commission at the conclusion of such haring; and repealing all resolutions or parts of resolutions in conflict here- with; and providing that this resolution shall become effec- tive as of the date of its passage and adoption. A motion was made by Commissioner Adams that the resolution be adopted. 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 -6- w R" F., d Exhibit "A" , being the corrections to the Assessment Roll, is attached to and made a part of these minutes. y There being no further business, the meeting adjourned. ,f h . r. r: ' Ma ,y ' hornhill y City Clerk Auditor M1 �1 tt Richard Marant Mayor-Commissioner fb -7- ..s:' t