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HomeMy WebLinkAbout31139 - MINUTES - City Commission MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD FEBRUARY 6, 1967. ® The City Commission of the City of Dania, Florida, met in Regular Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER RICHARD MARANT COMMISSIONERS JAMES G. ADAMS GUS S BRICE ® ROBERT KELLY BOISY N. WAITERS CITY ATTORNEY CLARKE WALDEN CITY MANF.GER STANLEY GOLDBERG CHIEF OF POLICE ANTHONY CARACCI BUILDING INSPECTOR ARMAND WELLS ® CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Marant, after which Invocation and Pledge of Allegiance were held. MINUTES: Regular meeting held January 16, 1967 and • Special meeting held January 5, 23, 25, 1967. A motion was made by Commissioner Adams that the minutes be approved as read . The motion was seconded by Commissioner Waiters , and the roll being called, the Commissioners voted as follows: • Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes • ORDINANCE: Creating a new zoning division to be known as 11AP-1 Amusement Park District." (Second Reading) City Attorney Walden read the ordinance entitled: • AN ORDINANCE amending Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, to create a new division known as 11AP-1. Amusement Park District",.. and further amending Article IV, Chapter 28, Code of Ordinances , City of Dania, Florida, concerning said @ "AP-1. Amusement Park District" by adding sections governing or specifying purpose of district, uses permitted, uses prohibited, plot size limitations, height limitations, set back and parking; and pro- viding that all ordinances or parts of ordinances in conflict herewith be repealed to the extent of such @ confl:.ur; and providing that the ordinance shall be- come effective as of its passage and adoption, on third reading. A motion was made by Commissioner Brice that the ordinance be passed on second reading. The motion was seconded by Commis- C) sioner Adams. 'Iayor Marant asked, supposing a land owner has 25 acres and he desires zoning of this type, is the city bound to give him this zoning. City Attorney Walden replied no; and the only test, regardless of what type of zoning they are talking about, is whether that zoning cl -!ssification they desire reprbsents the highest and best use of th-_ Land . -1- • F f: E' I rl 0 City Attorney Walden further advised that if they adopt this classi- fication, and then a 25-acre owner comes in, if they for some reason do not wish to give him this classification, he thought they could justifiably deny it. The roll being called, the Commissioners voted as follows: r Adams Yes Brice Yes Kelly Yes l9 Waiters Yes Marant Yes R ORDINANCE: Setting the occupational license fees for Commer- cial Seaports. (Second Reading) City Attorney Walden advised that this ordinance is not ready tonight and requested that it be carried over to the next meeting. ORDINANCE: Establishing license fees for taxicabs. (Second Reading) City Attorney Walden read the ordinance entitled: AN ORDINANCE amending Chapter 26, Code of Ordinances, City of Dania, Florida, by adding a section to be known as Sec- tion 26-15 concerning out of town taxi cabs operating with- in the limits of the City of Dania, Florida; and repealing all ordinances or parts of ordinances in conflict herewith; and providing that this ordinance shall be in force and effect immediately upon its passage and adoption. A motion was made by Commissioner Brice that the ordinance be i adopted on Second Reading. The motion was seconded by Commis- sioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes 0 Kelly Yes Waiters Yes Marant Yes Commissioner' Brice asked if this ordinance could be passed tonight on third reading. Attorney Walden replied that it could by unani- • mous consent of the Commission. He then asked that it be read on third and final reading. City Attorney Walden then read the taxicab ordinance,lbor;.the'third and final time, by title only. • A motion was made by Commissioner Brice that the ordinance be passed on third and final reading. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes C: Kelly Yes Waiters Yes Marant Yes BIDS: 8: 15 P.M. Reroofing Old Bank Building. V 'Mayor Marant called for any additional bids. ?. . ,Lion was made by Commissioner Brice that the bids be closed. 'nc notion was seconded by Commissioner Kelly, and the roll being c1111rd . the Commissioners voted as follows: ® -2- fit. 'at2. Adams Yes Brice Yes Kelly Yes Waiters Yes ® Marant Yes City Manager Goldberg presented the bids as follows: GRIFFIN INDUSTRIES: $1,828.00 ZINKIL ROOFING COMPANY: No bid ® LATITE ROOFING & MPG. CO. : $2,100.00 plus $160.00-15 year bond GLOVERS ROOFING: $1,347.00 A motion was made by Commissioner Brice to -refer the bids to the City Manager for tabulation and recommendation. 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 PUBLIC HEARING: Objections to the Assessment List, Improvement No. 2-66 being the paving of N.W. loth Avenue, from N:W. 7th Street to N.W. 8th Street. (8:00 P.M.) S City Attorney Walden read the notice of hearing. Mayor Marant called for objections. No objections. A motion was made by Commissioner Brice that a resolution be adopted approving and confirming the Assessment List No. 2=66. 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 TRANSFER OF 4 COP license frortJack Valentine, Bar of Music, to The Country Dinner Theatre. (First Reading) A motion was made by Commissioner Kelly to approve the transfer on first reading. 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 ORDINANCE: Approving the plat of SESSA ESTATES.. (Third Reading) 4: City Attorney Walden read the ordinance entitled: AN ORDINANCE approving the plat of Sessa Estates, same being a subdivision of North 164 feet of N' of NFk of SW'k of NEk of Secrion 3 , Township 51 South, Range 42 East, said lands situate lying and being in Broward County, Florida; and repealing all ordinances or parts of ordinances in conflict herewith; and providing that this ordinance shall be in force and effect immediately upon its passage and adoption. -3- MIXZ' " A motion was made by Commissioner Waiters to pass the ordinance on third reading. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® PUBLIC HEARING: Objections to paving S.W. 8th Avenue, 8: 30 P.M. from Dania Beach Boulevard to S.W. First Street and a portion-of S.W. First Street. City Attorney Walden read the Notice of Hearing. Mayor Marant called for objections. Those objecting were: I. Grace Burrell, objected to the cost of the improvement and asked if there wasntt a cheaper way to tesurface the street . A motion was made by Commissioner Brice to table this until we can 0 receive a listing of the property owners involved in this street improvement with their understanding for or against it. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes 0 Brice Yes Kelly Yes Waiters Yes Marant Yes BIDS: Purchase of two (2) Police Cars. 8:30 P.M. 0 Mayor Marant called for additional bids. A motion was made by Commissioner Kelly that, since they received only one bid, they table this until next Monday night meeting. 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 REPORT FROM CITY ATTORNEY regarding the collection of delin- quent Special Assessments. City Attorney Walden reported that at a previous meeting they brought up the fact there is particularly one property owner in the City who has a great many old assessments which have been outstanding for many 0 years. He reported that the formal action the City can take is to write letters, and if these letters get no results then they have the right to file a foreclosure suit to foreclose the liens. He suggested that they take all of the assessments, regardless of who it is, giving them 30 days to pay the assessments or show cause why it shouldntt be paid . Then if that does not get any results, they should start fore- closure action. A motion was made by Commissioner Waiters to authorize the City Attorney to smite letters to holders of delinquent assessments. The motion was seconded by Commissioner Brice, and the roll being called, the Commis- sioners voted as follows: 0 Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes 0 -4- RUSS CONN, Retired December 23, 1966, requests participation in the limited benefits outside of the provisions of the retirement and pension plan as provided in Resolution No. 1689 passed and adopted on April 6, 1965 , City Attorney Walden advised that the Commission should adopt a resolution giving Mr. Conn these special benefits . A motion was made by Commissioner Brice to adopt a resolution giving Russ Conn $70.00 per month. The motion was seconded by Commissioner ® Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes ® Marant Yes City Manager Goldberg presented a letter re Mrs. A. J. Ryan, Sr. and her election as National President of the American Legion Auxiliary, requesting permission to erect signs (2) , one on the Northeast and one on the South entrance to the City of Dania, stating that "Dania 0 is the Home of the National President of the American Legion Auxiliary" . This sign will remain in position, if permission is granted, until the end of her term in the early fall of this year. Mrs . A,. 'M. Black reported that Mundorf Sign Company has offered-'to erect the two signs at a cost of $62.00. They will be 4' X 41 ply- ® wood. Mrs. Black asked if the City would share in the cost of the sign. A motion was made by Commissioner Adams to grant permission to erect the signs and pay half of the cost of the sign. The motion was se- conded by Commissioner Brice, and the roll being called, the Commis- sioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes City Manager Goldberg stated that, in accordance with the provision of the City Charter which decrees that the City Commission hire new Firemen, he recommended that the Commission appoint James E. Briggs to the Fire Department. ® A motion was made by Commissioner Adams to appoint James E. Briggs to the Fire Department. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes a Kelly Yes Waiters Yes Marant Yes City Manager Goldberg reported that Mrs. Kennedy and Betty Hannah, residents of Dania, would like to use the Pavillion to run a rummage sale, proceeds to go to the University of Florida for Cancer Research. A motion was made by Commissioner Kelly that a permit be granted to hold this rummage sale. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes :� -5- 0 City Manager Goldberg presented a telegram from the Pittsburgh Pirates expressing their intent to locate their baseball Major League and Minor League facilities in the City; also asking if land is available to construct the 3 baseball fields and a club house as previously discussed. Mr. Goldberg advised that the appropriate action at this time would be to authorize the City Attorney to prepare the necessary agreements in regards to this matter. ® City Attorney Walden suggested that a survey would actually tell us if we have the area that is needed'. City Manager Goldberg then suggested that they also authorize this survey. Mayor Marant sug- gested that they also get a financial advisor. City Attorney Walden advised that it did not need to be in the form of a motion, just a directive. City Manager Goldberg reported that the Manager of the Pittsburgh Pirates will be in town Saturday at 10:00 A.M. to give some batting instructions to little league ballplayers. PUBLIC HEARING: Request of Michael DePadro for change of ® 9:00 P.M. zoning from 7-2 to M-1, the N. 673t of the W. 425t of the E. 3/4 of the SEk of the NWk less canal. Section 35-50-42. City Attorney Walden read the Notice of Hearing. Mayor Marant asked for objections. There were no objections. A A motion was made by Commissioner Adams that an ordinance be drawn and passed,rezoning these lands from B-2 to M-1 Industrial, on first reading. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes City Manager Goldberg stated, in regards to the Dixie Highway constnft- tion; some time ago they passed a resolution regarding the right of way dedication to the State Road Department; however, they find out now that a print that the State Road Department submitted has to be recorded first. That has been recorded now, and it was suggested that that resolution be passed again. 9 A motion was made by Commissioner Brice that the resolution be passed deeding the r=ght of way of Dixie Highway to the State Road Department. 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 C City Manager Goldberg presented a bill for the Land & Sea Festival for >1,200.00 which represents the City of Dani.ats portion. Commissioner Brice asked that this be tabled until the next meeting, due to the controversy regarding it. He stated that we were led to believe that all the other cities would come in on it, but he does riot now believe they have. �:o r:i ssioner Kelly agreed and suggested that it could be put off another week and let the City Manager contact them to let them know that we will uo along provided the other cities will go along with it. ® -6- L i pTir:tf 0 F o'T Commissioner Brice suggested that the director of the Chamber of ff;; Commerce be contacted and let them give a report to the City Manager. W, tr^ A motion was made by Commissioner Brice to table this until next <<; ® Monday night. The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: 1_= ro. Adams Yes �.;.- Brice Yes Kelly Yes ,} ® Waiters Yes Marant Yed City Manager Goldberg presented a bill from Hugh F. Palmer in re- gards to the Diesel Electric generator being installed at the Sewer Plant. He stated that he presented this bill before, but it was ® tabled at that time because the bill was for 98% completed, in the 3` amount of $19,357.20. Mr. Palmer is still not quite finished with r"? the terms of the contract, however he does feel that he should get some payment. Mr. Goldberg recommended that they give him at least 50% of it. a5 ® Mr. Hugh Palmer was present and disagreed with the payment of 50%. He stated that everything is done, and they (the City) should have to live up to their contract. He presented a bill which was approved a by the Engineers, and he felt that he should be paid. He stated, in fact, this bill should not even have to come before the Commission for part payment. Final payment would have to come before the Com- mission. He stated "this is the first government body 2 have ever- had to come to and ask for payment through the Commission." He stated that he should get the 98% for which he turned in a bill. A motion was made by Commissioner Brice to pay 90% of the bill. The motion was seconded by Commissioner Adams, and the roll being ® called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes 0 Marant Yes City Manager Goldberg reported that, in regards to the Dixie Highway construction, the contractor for the State Road Department is cutting down the grade, and he discovered that a 6" line across Dixie Highway at S.W. 2nd Avenue would protrude somewhat into the sub-base material, e and the Engineer recommends that this line be lowered. However, the present line has been in there some 25 years—,—and--it is- recommended that a new 6" line be installed under Dixie Highway. The estimated cost of material would be approximately $500.00 plus the labor, which could be done by city forces. A motion was made by Commissioner Brice to authorize the City Manager to go ahead with the work. The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes i Kelly Yes Waiters Yes Marant Yes City Manager Goldberg presented a letter from All Construction Company, regarding the construction of Dixie Highway, in which was included a bill for $1,310.55 for extra expenses. -7- ,t w , JA 4 ^ U r A motion was made by Commissioner Brice to authorize the payment of the extra expenses . The motion was seconded by Commissioner Adams, and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes A City Manager Goldberg presented a partial bill of $9,677.10, from All Construction Company. He recommended the Approval of the payment of this bill. A motion was made by Commissioner Adams that the bill be paid. The motion was seconded by Commissioner Brice, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters: Yes Marant Yes City Manager Goldberg presented bills from City Engineers,-Broome & Farina, as follows: Engineering Services regarding Drainage problem at N.E. 2nd Court $68.25 ® Engineering Services regarding Construction of water line N.E. Sth Avenue $37.50 Engineering Services regarding Storm drainage construction of Dixie Highway $273 .00 City Manager Goldberg recommended the approval of the bills. A motion was made by Commissioner Brice that the bills be paid. The motion was seconded by Commissioner Kelly. Mayor Marant asked if this is over and above his retainer. If it is, why do they have a bill Commissioner Brice stated that the bill for Dixie Highway wouldn't be on the retainer,"because that would come under Engineering" . • City Attorney Walden advised that he thought it would be proper to pay the large bill, if they wanted to table the small ones. Commissioner Brice stated that Project 6351 is the Dixie Highway, ,'so that is not under the retainer"; also Project 6352, which is the N.E. 5th Avenue, "that is not under the retainer" . A motion was made by Commissioner Brice that the two Engineering bills be paid ($273.00 and $68 .25) . The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: ® Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes City Manager Goldberg presented a bill from Growers Equipment for $4.464.00 for front end loader and back hoe. He advised that these bids were received, and this was the low bid. The equipment was tried olit for a field test before payment of the bill. It has been tested, and is now recommending that the bill be paid. -8- Mr ��Rt:^+J��Ti"%YG�19ira'lS'/,1;.1'ttalPiyi7bitii�GL'7SiY11{Mf118Cidi�ft�i L7/ 0 A motion was made by Commissioner Brice that the bill be paid, The motion was seconded by Commissioner Kelly, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes City Manager Goldberg presented a bill from Broome & Farina for $500.00 for the Assessment Roll. City Attorney Walden asked if they are charging by the time, because he knew the city has paid two or three earlier bills on the Assessment ® Roll. Commissioner Brice replied that when they paid the last bill to Broome & Farina there was a question as to how much more it would be to bring the roll up to readiness for advertising. It was his (Brice) under- standing that Broome & Farina agreed that to bring this Assessment ® Roll and prepare it ready for advertis.::.:;; would be an additional $5000 and that would be it. So this should Le the final bill as far as the Assessment Roll is concerned. Commissioner Brice suggested that they approve this bill for payment, but that the City Manager be instructed to have an understanding on that to be sure that he (Brice) is correct. A motion was made by Commissioner Brice that the bill be paid, and to have the City Manager check with Broome & Farina. The motion was se- conded by Commissioner Adams, and the roll being called, the Commis- sioners voted as follows: Adams Yes ® Brice Yes Kelly Yes Waiters Yes Marant Yes CITY ATTORNEYS REPORT: i City Attorney Walden reported that, regarding the Sanitary Sewers, he had a conversation with Mr. Philpott this morning as to whether the City should accept the sewers tonight. Mr. Philpott told him (Walden) that the only problem remaining was the undergroundlwork, that some electrical part in the pump in Station "F" , which he (Walden) understood ® was remedied over the weekend. Mr. Philpott recommended that instead of trying to accept the work tonight, not really knowing how that electrical repair will work, that they carry it over one more week. He suggested that they hold a meeting next Monday night to accept the system. He stated that the City by and large has adopted most of the basic ordinances or resolutions that it needs; however, he had one to present tonight, and asked that they adopt it on two readings. City Attorney Walden then read the ordinance in its entirety the first time, and by title only the second time. This ordinance is entitled: AN ORDINANCE concerning the Sanitary Sewer System of the City of Dania, Florida, by providing definitions and general terms; iC; 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 con- cerning 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 cancel- lation of contracts for sanitary sewer service; and concern- ing delinquent sanitary sewer service charge accounts; and concerning authority of City Manager to notify delinquent (continued) i -9 owners or occupants of rights of city; and providing for the right of the City Commission to determine, by resolu- tion, the amounts to be paid by owners or occupants 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 First and Second readings at tonights meeting. The motion was seconded by Commissioner Waiters, and the roll being called, the Commissioners voted as follows: Adams Yes Brice Yes ® Kelly Yes Waiters Yes Marant Yes City Attorney Walden reported, in regards to the Charter Revision Committee meetings, the board has considered these various chbirter revisions . He suggested that the Commission should vote as to whether it wishes to recommend each of the changes to the legis- lative delegation. He further suggested that a resolution should then be passed showing those changes that they recommend. A motion was made by Commissioner Brice to adopt a resolution, ® and that the City Manager and City Attorney be instructed to go ahead with the printing and preparing of the Charter changes as outlined 1 through 14, that were discussed at the Public Hearing; to include in the change for Urban Renewal the -provision requiring the City to hold a referendum election in order for the City to initiate or inaugurate any Urban Renewal Program. The motion was A► seconded by Commissioner Adams. Charles DeMuzzio asked if the charter proposals are the same as or- iginally presented. He was advised that all charter proposals remain the same with the exception of the Urban Renewal proposal, to which was added the stipulation of the referendum. Chester Byrd asked why the Commission is accepting them all as a whole instead of voting on each one separately. He was informed that, since they have already held a public hearing on each item, and since they met with little or no opposition, they were accepting them as a package. O Mayor Marant asked City Manager Goldberg to find out when the delegation will be meeting so that if anyone.•has any opposition to any of the pro- posals, they may appear before the delegation to oppose. City Attorney Walden advised that he believed the legislative delega- tion is holding public hearings right now, that is the delegation that . ' ' is made up of all of the representatives and senators from Broward County. Under the plan that they have followed in recent years, they will notify the City in advance of a particular date on which they would like to meet with a representative from the City to consider these various requested charter changes. The meetings in years gone by have been held in the City Commission room of the City of Hollywood. At that time it is customary for a spokesman on behalf of the City to present these changes very briefly. He (Walden) has previously done that, and perhaps e; uld be called upon to do it again this year. He stated that at that hearing any person who is either for or against the change has the right -10- r 's3S. r J to be present. In addition these people could write their opposition to the various members of the delegation. The roll being called, the Commissioners voted as follows: Adams Yes Brice Yes Kelly Yes Waiters Yes Marant Yes ® City Attorney Walden advised that these changes do not include the annexation, which they will just have to consider at a later time. They will be considered later separately by the legislative dele- gation. City Attorney Walden reported that in the later part of last year, the City authorizdd -a resolution to be sent to the trusteed of the Internal Improvement Fund as to the Attorney General and other state officials objecting to a proposed sale by the trustees of the Inter- nal Improvement Fund of certain lands North of Dania Beach, to Holly- wood, Inc. Copies of this resolution were sent to the various offi- cials in Tallahassee, and as a result the State Trustees of the Inter- nal Improvement Fund, which is a state board holding title to public land, declared a moratorium for 45 days on any sale of any land any- where by the State. He (Walden) received a letter from the Attorney General Faircloth thanking the City and the various officials for the support and the resolution. ® City Attorney Walden advised that he was asked by two Commissioners to present a slate of the Human Relations Board. He presented the names as follows: William Davis Dr. Fred Brammer Cyrus Lee Horace McCutcheon Veta Mae Peterman A motion was made by Commissioner Adams to appoint the five above mentioned persons to the Human Relations Board. The motion was A 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 reported that, in regards to the resolution that they sent to the Internal Improvement Board, a statement came out by the Chairman of that board that he would be highly in favor of hear- ing from the different areas that would like to present their case of using some of this land in question for public purposes. Commissioner Brice suggested that this Commission send a letter to the County Com- missioners asking that they present the case to the State asking that this land in question be added to the Countyts present recreational area . A motion was made by Commissioner Brice to send a letter to the County Commission asking the State to add the area in question to the County Recreation Area. 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 � -11- h Q Commissioner Brice stated that they have discussed several times in the past year about the delinquent licenses. He asked that this Commission go on record tonight of turning over those people who have not purchased Occupational Licenses, to the Police Department with instructions to either bring them in, fine them, or see that they pay their license. He stated that the Building Inspector has done a very good job of warning these people that their licenses are due, and it is now time that they take action on them. Commissioner Brice stated that they have time and again brought up ® the business of the paving of the parking area at the beach. He asked Mr . Walden if he had any recommendations. City Manager Goldberg stated that he met with the County Engineer and he (Engineer) said that the State Road Department knows nothing about it, and that they have no obligation under this. They have no record ® of any agreement. Mr. Goldberg stated that they are in the process now of trying to patch together from present and former commissioners just what was said and put it in terms of a letter to foreward to the County Engineer and to the County Commission. City Attorney Walden suggested that Mr. Goldberg get together with Frank Adler, who is a former County Commissioner, who may have some information on this. Commissioner Brice stated that most everyone read in the newspapers last Friday where one of the papers published the .fact that the dtate- ment that was made at the meeting regarding annexation, regarding the ® water fund, was not correct. "In view of the fact that many times news items go out from the City Hall, or go out by different members, I don't know where some of this information comes from, that is certainly not correct, as this was not, because we have the figures here to show that instead of even the funds that we told about was much more. I would like to make a motion that this Commission pass a resolution that ® no news items go out from the City Hall,or from any Department Head, that has not been approved by the City Manager; with two exceptions, anything that pertains to rescue, fire, or activities that are directly in line with the Fire Department, or arrest cases or such as those that comes under the direct direction of the Police Department. But all other general news items should go or be cleared by the City Manager so that we can avoid this thing of having misstatements put out and the people being misinformed on what is actually going on in out City. I make that as a motion." A motion was made by Commissioner Brice that a resolution be passed that no news items shall go out of City Hall to reporters unless first cleared ® with the City Manager; with the exception of the Fire Department operation and Police Department operation. The motion was seconded by Commissioner Adams. Fire Chief Lassiter: Gentlemen, may I say something on that? I've got no objection to this resolution except for this extent. . .a lot of time ® there are a lot of things put in the paper that the employees don't say. And I can quote you some. This ordinance or resolution will put us on the spot with no defense, because you cannot ask where these newspaper men get a source of information and get an answer. Because he has no obligation. If he misquotes me, I have no defense whatsoever, me or any other City employee. I have no intention of violating this, but you f; are putting us on a spot, and we have no defense. Commissioner Brice: I believe in this case that this is a protection for the City employees; because now, I think our City employees are loyal enough to a point that if you are going to make a statement that is not directly connected with your department, that you have no ob- jection to the fact being checked before they are turned over. I don't think that's the case with any other City employee, therefore, we are going to stop these rumors that have been accused of someone, or we think someone, in the City for. I don't believe that, I don't think -12- our City employees are that way. <' Pire Chief Lassiter: But what defense do we have against this Mr. Sr '+ r,1? -re depart- Brice if a quote comes out in the paper quoting the fj r;_ ® ment, or any other department? I don't have any intention of I''_' violating the resolution, and I don't think I have. But there are certain times when there have been things printed in the papers, t maybe not by these reporters, and we will have no defense against it. u '. ® Mayor Marant: Itm inclined to go along with that, but there are a few things that I think prompted Commissioner Brice. One thing was the fact that somehow or another there was some exact figure that got out from downstairs. Now there was a retraction I think in tonights paper, the paper that printed this thing, in an editorial t: s form, that says that such and such monies existed, and in fact there was no reason for it. And somebody had let out a figure that was inaccurate. I think that the problem, Mr. Brice, is if you will do what was done before and have that door downstairs locked, and put the buzzer back on it and keep the reporters out from inside that City Hall and from going in and out of Mr. Goldbergts office and creating a disturbance; and also the City Clerk and any City Employee, x ® will stop the problem. No citizen out here just walks right into the City Manager's office or walks in that area and sits down and makes himself at home. This is a City Hall for City employees, and thatts it. This is stretching it a little too far, but if you will put a sign up on that door, and put the buzzer back up, it will solve the A problem. Commissioner Brice: Mayor there is one thing, and this is not in criticism, but during this situation on the annexation, there was some statements published in the paper that were contributed to the Fire Depart:.�nt and the Chiefts department about substations. It had never been discussed whatsoever at a Commission meeting, and had not been discussed by the City Manager, therefore that information should not have gone out. Mayor Marant: Commissioner Brice, I think. . .I am almost positive, . . that we instructed Mr. Farina of Broome 6 Farina to go into each one of these departments and ask each one of these gentlemen what they As thought they would need in these areas if they were annexed; and based on that, Mr. Farina drew up this list. This is something that we asked the Fire Department and the Police Department, the Public Works Department, the Recreation Department to do, and if it is flying back in our face, then we instructed the men to do it and we O deserve it. Commissioner Brice: I thoroughly agree with you, but the statement was out before the list was ever given to us by Mr. Farina. Fire Chief Lassiter: I'm glad you brought that up, because that is one item that I had particularly in mind. There were quotes in there from the Fire Department that no member of the Fire Department made to the press . That was a case where we are accused unjustly, and we have no defense against it. 'r. Robert Houston, Jr: I will say one thing for your motion, Mr. ® Brice, the press is more alert than at any time they have been tonight. You really woke them up. But I think it is a nonenforceable ordinance. Although I appreciate the spirit in which it is intended. Under your motion, would the City Commissioners be considered a City employee? I don't know how you could. If it came up to times of. election when certain people are quoting certain things and making statements. I b really think it is an unenforceable ordinance. City Attorney Walden: If I can interpret it, I think that he had reference to Department Heads and some employees. I think the Commis- -13- t . i sioners have the right, without being governed by a resolution, to say what they want to. Everyone else can pass the buck to the City Manager • As one employee, I welcome the resolution• • Chief Carracci: One understanding, Mr. Brice, am I to keep news until I speak to Mr . Goldberg before I release it to the press? Commissioner Brice: What type of news are you speaking< of? Does it pertain to arrests? • Police Chief Caracci: Pertaining to rty department. Commissioner Brice: If it is something pertaining to a policy matter oc a promotion, yes . If it is something pertaining to policy matters in your department, but not pertaining to arrests. • Chief Caracci: I mean as far as arrests. Commissioner Brice: No. Arrests or things like that, that comes under yours to say. And if he goes out on a fire (apparently pointing to Fire Chief Lassiter) it is his. . .he can report that to the press because that is something that they want right now. But if it is a policy matter ® pertaining to the City, it should be cleared by the City Manager. That .F is promotions, or things internally. Chief Caracci: Do you feel then, that the Police Department has re- leased news? ® Commissioner Brice: No. The reason for this is that I think all of our people are being misquoted. And then if it goes to the City Man- ager, then we will find out where it is coming from. Because if he hasn't approved it, then we know it hasn't gotten out. ® Commissioner Waiters: I think we should commend the press; because I think the press has done a tremendous job trying to change the image of the City of Dania with us. I know there have been some slip-ups, and I can understand this. But I don't think this merits such drastic action as we� are taking now. I can't see any justification for this at all. I recognize how you feel, Mr. Brice, about this misstatement • in this editorial this afternoon. But I still don't feel that you have a right advocating it. Mayor Marant: I think that we have it covered, don't you Gus, in the Code of Ethics that we had drawn up not too long ago. I mean you can enforce that and accomplish the same thing. And I think if we get ® that gate downstairs taken care of we will accomplish a lot more. Because those secretaries can't even type in peace down there. It is not only the press, but I am talking about the average person who might walk back there, and who has no business back there at all. The aver- age public doesn't take it upon himself to walk behind the counter there to see what is going on. We even had one case here where one reporter • took some mail out of a Commissioners mail box and opened it up. But if you close the gate, I think you will solve the problem. Commissioner Brice: That is none of the reporters who are present. m: dayor Plarant: No. That is excluding all reporters in the audience. • T am just saying it did happen at one time. ' Commissioner Kelly: You just gave them an idea. ' There being no further questions, the roll being called, the Commis- sioners voted as follows: :. -14- r i • Adams Yes Brice Yes Kelly Yes 4eS Waiters No Marant 140 h=' +� Mayor Marant read an editorial from the Hollywood Sun-Tattler regard- _ ing the raid on the B-girl operation. Mayor Marant suggested that perhaps Chief Caracci needs some help from City Attorney Walden to get the Aloha Clab and congratulated the Chief for getting the other one closed. Chief Caracci suggested that perhaps Mr. Fullmer would like to give them some help by coming in and swearing out a'warrant, not just ad- ?.y ' vertise it. He stated that they get complaints like that right along, two or three times a week, from unco-operative patrons. Howard Blackmon stated that he is in the process of putting in!a paved right of way on Phippen Road. He has a cash bond posted with the City, and it is his understanding that there are three steps to E_fi this improvement. . .one is the street, the water line, and the side- walk. The first thing he will start on is the street. The only paoblem he is running into is that the contract wants a certain amount of money at a certain point. He (Blackmon) asked permission to have the Commis- sion authorize the City Clerk to give him a check at that time, after it has been inspected by the City Engineer or the Building Inspector. ® City Attorney Walden advised that they could do it, but it would be a load on the bookkeeper. He suggested they authorize the City Clerk and City Manager to work it out. There being no further business, the meeting adjourned. M ry or ill City Clerk-Auditor i Richard Marant Mayor Commissioner -15-