Loading...
HomeMy WebLinkAbout31138 - MINUTES - City Commission ti 0 MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, ` FLORIDA, HELD FEBRUARY 13 , 1967. W The City Commission of the City of Dania, Florida, met in ;w Special Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER RICHARD MARANT 4j COMMISSIONERS JAMES G. ADAMS lA GUS S. BRICE ® ROBERT KELLY ' BOISY N. WAITERS a- CITY ATTORNEY CLARKE WALDEN ` CITY MANAGER STANLEY GOLDBERG R CHIEF OF POLICE ANTHONY CARACCI BUILDING INSPECTOR ARMAND WELLS . p CITY CLERK MARY THORNHILL `rn The meeting was called to order at 8:00 P.M. , after which Pledge of Allegiance and Invocation were held. City Attorney Walden read an ordinance entitled: 4 AN ORDINANCE concerning the Sanitary Sewer System of the City of Dania, Florida, by providing definitions and general terms; by making provisions for the billing of accounts , payments, and giving the city certain rights to discontinue water and sewer services in the event of ® certain non-payments; and concerning initial connections to the system and the issuance of permits; and providing that the application for a permit shall constitute a binding contract; and providing for the cancellation of contracts for sanitary sewer service; and concerning delinquent sanitary sewer service charge accounts; and ® concerning authority of City Manager to notify delin- quent owners or occupants of rights of City; and pro- viding for the right of the City Commission to determine, by Resolution, the amounts to be paid by owners or occu- pants as a connection charge when properties are later connected to the sanitary sewer system which are not ® initially subject to special assessment; and providing that all ordinances or parts of ordinances in conflict herewith be repealed to the extent of.-such conflict, and providing that by unanimous consent of all Commissioners present for the introduction of the Ordinance and the reading of the ordinance on first reading and second ® reading at the meeting of the City Commission held on February 6, 1967; and providing for an effective date. A motion was made by Commissioner Brice that the ordinance be passed on third and final reading. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners 6 voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes " p Marant Yes City Attorney Walden read a Resolution entitled: A RESOLUTION concerning the acceptance of the underground portions of the Municipal Sanitary Sewer System of the City of Dania, Florida; and setting an acceptance date; and directing the City Manager to publicize such acceptance date; and providing that the City Manager shall allow individual connections to be made to the Sanitary Sewer -1- �A 0 System; and concerning the presence of the Building Inspector, or his representative, at the times that actual connections are made to the Sanitary Sewer System; and repealing all Resolutions or parts of Resolutions in conflict herewith, and providing that this resolution shall become effective upon the date of its passage and adoption. Commissioner Kelly asked, with regards to Section 4 of the above ® ordinance, which states that the building inspector must be pre- sent at the time of each connection, if it wasn't decided that he need not be present, but that the work must be left uncovered un- til the building inspector has had time to inspect it. He stated that this was his understanding. ® Palmer Schubert stated that he has connected many sewers in other cities, and the usual proceedure is to connect to the sewer and then connect to the house, and leave it open until the inspector can inspect it. He stated that the plumber couldn't spend all his time waiting for the inspector to come to inspect it. Commissioner Adams asked if this couldn't be changed to that effect. City Attorney Walden replied that it could be changed. Mr. Walden suggested that they make a motion to adopt the resolution of accep- tance with the one change in Section 4 to the effect that the Build- ing Inspector or his representative simply approve the various con- nections, without specifying that he must be present. A motion was made by Commissioner Adams that the resolution be passed, subject to the one change in Section 4. 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 Attorney Walden read a resolution 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 5:00 P.M. , Thursday, March 2, 1967, for the purpose of receiving written objections to the donfirmation of such roll; and directing the City Clerk-Auditor to publish a Notice of Hearing, as requited by statute; and providing for the action generally that may betaken by the City Com- mission at the conclusion of such hearing; 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. It was suggested that the time be changed from 5:00 tp 7:00 P.M. because some people may still be working at that time and want to attend the meeting. A motion was made by Commissioner Brice that the resolution be passed,with the one change from 5:00 to 7:00, setting the date for the public hearing on the assessment roll for March 2, 1967. The .motion was seconded by Commissioner Waiters, and the roll being ca77_cl , the Commissioners voted as follows: -2- g -s Adams Yes Brice Yes Kelly Yes Waiters Yes ® Marant Yes City Attorney Walden stated that he thought the Building Inspector ought to understand, without any motion being passed, that he has the obvious right to set up reasonable schedules for making these inspections. Mayor Marant and Commissioner Adams' if he had a report to give them on the Insurance Committeets recommendation. Commissioner Adams replied that the Insurance Committee met and they are recommending to the Commission that they take the policy with ® Travelers on the coverages of fire, liability, workmants compensa- tion, and fleet insurance. He stated that this includes all the insurance except false arrest, which at this particular moment they haventt been able to secure for us, but they are working on it. He talked with Mr. Chapman today, and he (Chapman) feels that very shortly they will be able to furnish us with false arrest. The Finance i Committee also felt that until such time as they can secure this false arrest, they will recommend to the Commission that they set aside $125.00 per month in a separate fund that they could use for this until such time as they could secure the false arrest. Police Chief Caracci stated that this is a very serious matter. He 0 has 23 men, and the law is very technical. The men dontt know the law as an attorney does, and.:there are so many loopholes. He stated that they should have that false arrest insurance. Mayor Marant stated that he understood that Mr. Walker, of Walker Insurance Company, Fort Lauderdale, would, within a matter of a week to 10 days, submit a proposal to the City with the False Arrest sti- pulation in this proposal. Commissioner Brice stated that he didn't want to take issue with the Chief , but he has checked with other cities and found some of them have to insure themselves against false arrest because the insurance • companies are beginning to shy away from the false arrest. Mayor Marant suggested that they wait until they hear from Mr. Walker. Commissioner Kelly felt that they should not wait for the reason that Travelers may then withdraw their proposal. He stated 't I feel that this is a much better proposal than we have ever had before. Much more coverage for a lot less money." At this time Mr. Walker appeared at the meeting and Mayor Marant asked him if he can and will put up a binder for a period of 30 days or so, with the stipulation that at the end of 30 days, if they have not made A a firm commitment to him (Walker) to buy the insurance, also what are the chances of getting false arrest. Mr. Walker replied that he can let them know before noon tomorrow if they can continue the binder.that Hartford has in effect. He could not make any commitment by noon tomorrow, however, as to whether or C not they could give the city the false arrest. However, he had every reason to believe they can, and include it in the package. He stated that he would probably know within 10 days at the most. Commissioner Brice asked if Mr. Walker put a binder on this for say 30 days, would that binder be so stated that the premium, if they g took the insurance, would not be any higher than the present premium that the city is paying. -3- • �Aw. Mr. Walker stated that it would have to be, they certainly could not expect to come in at any higher than any proposal the city presently has. He stated that he cannot make a firm commitment, but he would certainly think that, if they were to get the order to bind this tomorrow, they would be able to present it at the rate lower, or a three year premium, that would be lower than they presently have now. This of course does not include the false arrest insurance, because we do not know what the false arrest insurance is going to be. A motion was made by Commissioner Waiters to turn the binder over to Mr. Walker for 30 days, by noon tomorrow February 14; if he cannot bind the city by then, they will accept the proposal of Traveler's Insurance Company. Mayor Marant turned the gavel over to Vice-Mayor Kelly, and seconddd the motion. Pire Chief Lassiter asked if this includes the policy on the Volunteer Firemen. ® Mrs. Wall replied that the limits quoted was on last years, and the limit on that was $5,000 principal sum, $40 weekly indemnity, and $2,500 medical expense. Fire Chief Lassiter replied that he had requested that that be raised to a more realistic figure. He was under the impression that it was ® to be included in a figure more in keeping with the times and salaries to date. He stated that he was under the impression that it was to be $75.00 weekly and $10,000 limit on medical coverage. Commissioner Brice asked the Travelers representative if this could be added. He replied that it could. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes ® Waiters Yes Marant Yes Commissioner Waiters stated that he would like to get this item cleared about this "news gag" . ® A motion was made by Commissioner Waiters that the resolution regard- ing the ''news gag" (Resolution No. 1759) be rescinded. City Attorney Walden read the resolution entitled: A RESOLUTION designating the City Manager as the Press p Officer, or Public Information Officer with respect to releases of information concerning the City to news media; and repealing all resolutions or parts of reso- lutions in conflict herewith; and providing that this Resolution shall become effective upon the date of its passage and adoption. 0 ;Mayor Marant passed the gavel to Vice-Mayor Kelly and seconded the motion. Commissioner Brice: Ladies and gentlemen, as stated last Commis- sion meeting, there have been times, and continue to be times, as to when there are things discussed by people that are employed by the City, that the City Manager is not aware of. And a good many times, the Commission is not aware of. This was not intended in any way -4- r40 MEN to keep from the press the reasonable public information that is a available to any citizen. But it definitely was intended to stop a lot of the controversy and things that have been passed around, and criticism of one department head of another department head, and keeping this city in an uproar. Now that is the sole purpose of it. And that is what it is intended for. As a typical example that most of you read in the paper, about the situation that was brought about this past week when a reporter asked the City Attorney about a parcel of land that'is to be used for the Pittsburgh Pirates . If most of you were here last Monday night, one hour before the Com- mission meeting was the first time that this Commission knew that the Pittsburgh Pirates was going to be needing land. So the result was we made the public statement that we would survey, make a survey, to see what was available. But before the Commission could act, or be- fore the Commission could make a survey, here we start with a lot of publicity that doesn't help our city. It doesn't help our image. We • are not trying to keep the press, we have had open door meetings all the way through. But some of these things have been very defrimbntal. And that is the purpose of my motion last Monday night. And I am highly in favor of the resolution as drawn up by the City Attorney. Commissioner Waiters: I maintain, Mayor, that perhaps there is a • degree of accuracy in what Commissioner Brice has said. But I don't believe we have to go to such limits to achieve the results that Commissioner Brice wants. I think we can do some other things to try to achieve the same ends. I would like to see us try these things before we bring this news gag to our City employees. I would like to say further that the adverse publicity that the City of Dania ® has received in the past week is more than the City has achieved during the entire period of this administration. All information or material pertinent to the city business that will affect the citizens of the City of Dania is a matter of public records. And it is open to the scrutiny of the public and the press at all times. We are not trying to hide anything. So if there is any way we can get around this type ® of information being suppressed and still work as one with our depart- ment heads, then I am in favor with that. But not this proposal. Mayor Marant: Mr. Brice, I voted against your resolution last week for the simple reason, like I said at the conference earlier that was at- tended by the press, that it seems as though we passed a resolution ® last week and have attempted all week long to fill this resolution with meaning. . .or to put the meat of it in a certain way so that we could spell out exactly what we meant. But this is what I was in objection to. The simple fact that now it seems we are telling the people, after we have made a resolution, what is going to be done. Which I didn't think was fair. I could be wrong. The second thing that I think needs • to be discussed is the fact that I think the executive ability of any department head concerning affairs of their departments, concerning policy or anything else. . .if- you have got a leader in a department and you put them there to do a job, I don't see putting the City Man- ager, who is going to suffer the brunt of this resolution, in answering for anything that concerns policy matters from that department head. • It seems that if you have an executive in a key position, that he ought to be able to state fairly what his policy matters concern, whether they be good or whether they be bad. If at such a time as we, or the City Manager, not we, deem fit that the person involved needs to be replaced, the department head or whoever he may be, an employee, then he should be replaced . That is why we have a City Manager. He is the supervisor over all departments, and he is the titular head of the City government we have here, supposedly. Like I emphasize here, it does place the burden of responsibility on the City Manager. Now I think that he spoke of image before, as far as employees are con- cerned, I think that image does play a big part; but, on the other hand, I am not trying to stand up whole-heattedly for these Taople. ® I know something should be done, but I don't think, this is ti best thing to do. I think that, if you are speaking along terms o, image, r don't think that the image the Commissioners have had in the ast -5- • V n't ULM years has been so good . I think that a lot of information that has gotten out, and the image that was here in Dania, should be placed ® on the shoulders of the people who were in power at the time, not on the people who were employed by the power structure. Also, we have a Code of Ethics, which I think could be enforced if somebody would enforce it. Now I think that the burden of responsibility of enforc- ing the Code of Ethics should go right down to this organizational chart that we have for-ned up, and try to put it in existance. But I ® don't believe that it was your intention to have this go along with the Code of Ethics and organizational-chart. But on the other hand, we didn't give these things a chance to accomplish what we tried to do with them. The Code of Ethics spelled out quite vividly that things of this nature should not go on. And I think that it was up to us to dir•,ct the City Manager,or we did direct him, to carry these ® things out, to make sure that they worked out. If a department head is out of line Chen he should be called on the carpet; not by us, but by our City Manager. We have placed him in that position according to - ir organizational chart. Anything that comes from us goes through his office down to the Department Head. And anytbr ng coming up from any department head or any city employee:-.must go,ithrough the department ® head , then the City Manager, then the Commissioners. And I think that because this thing hasn't worked out, it is no fault but our own. I don't think you can blame it on the department heads or the city employ- ees. If information has leaked out, and the City Manager is aware of it, then he ought to take steps to correct the situation. Either by getting rid of the person involved, or coming to us and having us get 0 rid of him, if that is the nature. That is my opinion along these lines. I know you were trying to accomplish something, and I am not attacking your means for accomplishing this end, but I am attacking the method that we have used and voted upon in that last resolution. Commissioner Brice: Mr. Mayor, I would like to ask you one question. ® You speak of organization. We have a City Manager. You say that all the Department Heads should be under the City Manager. Is there any more reason, if it is in your business, would you let the store manager you have got tell or pass out information without you knowing what it was? All we are trying to do is channel through the organization exactly like the organizational chart is made up. Now unfortunately, this town has never worked that way. Unfortunately we have never had a City Manager that really was allowed to be a City Manager. And that is what we are trying to do. Now there is no more reason why a depart- ment head shouldn't clear information with the City Manager than they should have to clear the activities of his department. And the City Manager is the City Manager and therefore items that are not something ® that should be kept from the public have no more reason to be passed out by every employee than they should be by the department head saying "Well here, I am going to have Joe doing this tomorrow. Or I am going to hire Joe Blow over here" . It has to go through the City Manager according to your organizational chart. So the information should go the same way. ?Mayor Marant: Well, Mr. Brice, like I said before, when a matter con- cerns policy or anything to do with a department- head, say the Fire Department or the Police Department, or the Public Works Department, or Sewer Department, or anything of that nature, these people are in a position, I believe, that they are in a key position of responsibility and I think that if you have got them there, then they ought to be able to state things to the public or to the press or to anybody for that ,latter concerning the policy in that particular department. After all, think, although the City Manager is the supervisor of all Department Heads, that he might not be briefed, or might not be completely involved with policy concerning that department. You are putting him on a spot ® to make up his mind whether this information should be leaked out . Supposing like the Chief of Police has a policy matter concerning an arrest that he made of a City Commissioner. Would this be policy? -6- �s I mean, would he have to go through the City Manager before he could arrest a Commissioner'. for something concerning. . . . . Commissioner Brice: For a felony? No. Mayor Marant: No, not for a felony. Itm just making up. . . .Itm not saying a City Commissioner or anybody. But would he have to ask, if it was concerning a pblipy matter in that department? Would he have to go through the City Manager? Commissioner Brice: Mayor, I don't cbnsider that that is a case of policy. The Chief is out there to make arrests when he sees the law is broken. Letts go back to one. I know what you are trying to day. And I think I can answer it for you. You say that eagti department head should be allowed to discuss policy. There is no reason why ® the City Manager, if this, whatever the information is pertaining to the policy of the water department, the fire department, the police department, the public works department, that they want to give that statement to the press, that they should first confdr with the City Manager, any more than there is if they are going to hire. Now gentlemen, you cannot expect the City Manager to be a City Manager if every department head is going to be allowed to set his own policy and to make statements to the public and to the press without clear- ing it through the City Manager. It cannot be done. That is not a good organizational set-up. That is the problem now. We have too long everybody tried to run the City of Dania. - Commissioner Kelly: Mr. Marant. Let me make one observation here. It may let a little light on this. We had another situation that came out in the newspapers that our Building Inspector was quoted in re- gards to occupational licenses. And I talked with Armand and I thought he did absolutely the right thing. He was asked whether his, or asked for the names of the delinquent people, and he referred the 0 man to the City Manager. If he was asked for the rhumber of delin- quencies or the number of people who had licenses, this is a public matter, and this is something that anyone can get. But I think that it is up to the discretion of the City Manager if he wants to give out. . .if you don't have a license or somebody else on the Commission don't have a license, it is not his policy to give it out. He shouldn't ® take it upon himself . He should refer that to the City Manager. I still feel like that if the employees looked upon this in the right attitude. . . Commissioner Brice stated that if information gets.�out, "then we will make an investigation. And if they have violated the rule, then that would certainly be grounds for dismissal." Bill Brooks stated that this should apply to the Commissioners as well as the employees. "The Commissioners put out a lot of policy informa- tion that the employees don't know nothing about. . . .up at coffee shops, sometimes in bars. I don't think we have any now that goes to bars. But this has been done before. I know whereof I speak. I have got 10 years experience. So I think if you are going to make rules for one, you ought to make it for all, including the City Manager. There are plenty of policy matters that have been brought up over a drink or over a Cup of coffee, or what have you. You are putting these people on a spot. I don't know who you are after, and I don't care. But you are _ C putting these people on a spot, and you are making them feel like they are being obsessed with guilt. And I don't think it should be. My mother used to have a saying when I was a little boy "Evil is as Evil thinks" . Is that right? I think this is wrong. I think you have all done a wrong thing. You are not doting anything but creating a bad impression with the press. As Mr. Waiters said, we got rid of that. e` And we had a nice pleasant reading in the papers since the last elec- tion. Let's keep it that way. If you keep harassing these fellows ' h­ , are going to write everything they can think of. And it aintt rroing to be good." -7- i Mayor Marant: I would like to have a clarification on it. . .are the City Commissioners considered city employees, Mr. Walden? City Attorney Walden; No sir. Mayor Marant: They are not? City Attorney Walden: No sir. A man from the audience stated that there is one loophole. "If a man can't give a report to the newspaper, he still can put a letter in the letterbox. What can you do about it? If he signs his name or not. tie can put anything in the public letterbox, and I am very strongly in defense of the person. We have bivil rights. . .freedom of expression. If a man feels that he has criticism, he has a right to put it in the public letterbox without giving his name. There is ® a loophole. Number 2. . .as Mr. Brice states. . . .if any city employee should give anything to the newspapers he should be fired. I call firing capital punishment. There should be perhaps a 10 days sus- pension or something, but not firing. To me that is capital punish- ment. The man who is fired from the City of Dan is probably can't get another city job anyplace. Maybe the man slipped and said some- thing that he didn't intend to say. Furthermore, a man gives an honest opinion to the newspapers, but as the gentlemen says, the newspapers is very tolerant. They don't print things in the very honest way that you give them. Newspapers print as they please. Commissioner Adams: Ladies and Gentlemen, I would like to see us try O this for at least 30 days to see how it works out. Whether it is going to work a hardship on the department heads, the City Manager, and so forth. Because I feel that this particular thing that we need. And I don't feel that we are hurting any department head. In fact, I have talked to some department heads, and they have not led me to believe that this is an unfair way to do it. So, I think we ought ® to at least try to see if it is going to work. And as far as keep- ing information from the public , I want the public to know what is going on. But there are certain things that I think should go through the City Manager, and this is exactly what we are;,pboposing in this thing. ® Milton Jones: This is the most assinine ruling that I have ever seen in quite some time. I have never heard of anything of this nature before. It seems to be a comedy to me. Commissioner Adams suggested that we try this thing for another 30 days to see if it is'.going to be successful. We have already tried it for 7 days, and it has been totally unsuccessful. The press has given us more or less a bad image, and the city is supposed to be progressing, within the last 7 days. And here we are asking for another 30 days . I just Gantt see it. It is just ridiculous. Commissioner Kelly: City Clerk would you read the motion. O City Clerk Thornhill: Motion by Commissioner Waiters, seconded by Mayor Marant, that the res3lution, No. 1759, be rescinded. The roll being called, the Commissioners voted as follows: Adams No ® Brice No Kelly No Waiters Yes Marant Yes 'Motion did not pass. "•layor Marant presented a letter from the Federal Communications 'ommission to Chief Caracci, regarding the hoax distress signal which was broadcasted on January 21, 1967, expressing their -8- • • appreciation for the work that certain policemen of Dania did in solving this case. ® Mayor Marant stated that one of the gas station attendants in Dania gave him information that there are master keys that can be acquired for any car made from 1952 to 1967. He asked Chief Caracci to check into it "and see if there is anything behind it" . Mr. Robert W. 'Houston stated that he has read things in the papers, • that he would like to have cleared up, concerning Pirates Ports. He stated that he has read that Pirates Ports is going to furnish certain lands to furnish the Pittsburg Pirates, "and yet now I read in the paper where we are searching city land, city parks, seeking donations of land, because the Pirates Ports operation is withdraw- ing their offer of this land that they proposed to give. After all ® this publicity that they obtained through this gesture to start with" . He asked if they could clear it up for them. Mayor Marant stated that they did not know until last Monday that they were withdrawing on the practice field only. "They have still commit- ted themselves to build the stadium. That is, up until today." They • have withdrawn the offer for the practice field because they find it is now not economically feasible to put the practice field on this tract, since it is a 66 day a year use. So now the city must try to locate land that would be useable for the. practice fields. He stated that they are going to the school board because they have a tract of land that might be available. Also, they are going to get in touch • with the County Commission as far as using the Southeast corner of the airport. He stated that them are also other alternatives that they will look into. They are studying it closely now and trying to come up with some solution. Commissioner Brice stated that when representatives of the Pittsburgh • Pirates were down here and looked over the final map, the only way that they could get the three practice fields was for them to have to cross 5th Avenue with one of the practice fields, because there was not enough land after building the stadium. They are still giving the land for this stadium, and the main playing field. This is only the three practice fields that they use, and there was only approximately 12 • acres that were available, and that was not large enough to accommo- date the three practice fields. Robert W. Houston stated that the towns that these same training camps have left don't seem to be too anxious to keep them. When these teams have made a move, the towns they left didn't seem too upset by their • leaving. He suggested that, before they go into this too much further, investigate a couple of the towns that they have gone into recently.= For instance, Winterhaven, where the Boston Red Socks have had a sta- dium. • There being no further business, the meeting adjourned.yf4ary ornhill City Clerk-Auditor I ichard 14arant ;dayor-Commissioner -9- •