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HomeMy WebLinkAbout31152 - MINUTES - City Commission e� MINUTES OF REGULAR METING, CITY COMMISSION, CITY OF DANIA, ( ' FLORIDA, HELD NOVEMBER 7, 1966. C �.; 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 JAMS G. ADAMS COMMISSIONERS GUS S. BRICE r FRANK SALVINO S. ELLIS YOUNG CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBMG ACTING CHIEF OF POLICE WILLIAM JONES CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Adams, ® after which Invocation and Pledge of Allegiance were held. 1. Minutes of meetings held October 3, 6, 10, 12 17 and November 2, to be approved. A motion was made by Commissioner Young to approve the minutes ® as read. The motion was seconded by Commissioner Zenobia, and ' the roll being called, the Commissioners voted as follows: iBrice Yes ` x Salvino Yes ' Young Yes �p Zenobia Yes Adams Yes 2. ORDINANCE; Concerning the issuance of alcoholic beverage license within certain locations in proximity to schools, churches and public recreational ® buildings. (Third Reading) City Attorney Walden read the ordinance entitled: AN ORDINANCE further amending Section 17-26, Code of A Ordinances, City of Dania, Florida, as previously amend- ed by Ordinance No. 414, adopted on final reading on May 2, 1960, concerning the issuance of intoxicating bever- age licenses to persons within certain locations in pro- ximity to schools, churches, church buildings and public recreational facilities; and providing that all ordinances or parts of ordinancessin conflict herewith be repealed to the extent of such conflict and providing that the ordinance shall become effective as of its passage and adoption on third reading. A motion was made by Commissioner Zenobia to pass the ordinance `® on third and final reading. The motion was seconded by Commis- sioner Salvino, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes 3 . TRANSFER OF 4 COP LICENSES: From J . D. Duane 6 I. E. Duane to Frank E. Miller, Joes Bar, 16 West Dixie Highway. (Second Reading) -1- A motion was made by Commissioner Young to approve the transfer on second and final reading. The motion was seconded by Commis- sioner Salvino, and the roll being called, the Commissioners voted as follows: ® Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes ® From Salvatore Maiorana & Patricia F. Maiorana to Richard A. Tamanini and Concetta H. Tamanini, 1121 South Federal Highway. (Mario's) (Second Reading) A motion was made by Commissioner Zenobia to pass the transfer on • second and final reading. The motion was seconded by Commissioner Salvino, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes • Young Yes Zenobia Yes Adams Yes APPLICATION FOR 2 COP LICENSE: Willie Mitchell, 412 Phippen Road. • (Second Reading) City Attorney Walden informed the Commission that this was approved on October 2, 1966, by the then Chief of Police, Montie Smith. A motion was made by Commissioner Brice that this be denied. The • motion was seconded by Commissioner Salvino. Commissioner Young asked why the motion to deny. Commissioner Brice replied that he was convicted this past week on e bolita charge. • W. Roy Allen, attorney, representing Willie Mitchell, was present and stated that he looked at the City Charter, and he did not 'think that a conviction itself is grounds for denial of a 2 COP License. He asked the City Attorney to give a ruling. ® City Attorney Walden stated that the state beverage department has approved the application probably without knowledge of this convic- tion. He suggested that the application be tabled until the next meeting to give the Chief the opportilnity to call it to the attention of the State Beverage Department. If they are not offended by this conviction, then the City has° no course, but they have a right to ® defer any action. If the State approves the application then the City has to. Commissioner Brice amended his motion to table the application until the next meeting (regular meeting). The motion was seconded by Com- missioner Salvino, and the roll being called, the Commissioners voted ® as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes -2- 0 "r APPLICATION FOR 2 COP LICENSE: Irene Newton, 402 Phippen Road. (Second Reading) A motion was made by Commissioner Zenobia to approve the application on second reading. The motion was seconded by Commissioner Salvino, and the roll being called, the Commissioners voted as follows: Brice Yes ® Salvino Yes Young Yes Zenobia Yes Adams Yes City Attorney Walden asked if the two applications, if both approved, ® are in violation of the ordinance that was just passed tonight. He asked the Acting Chief to inform Mr. ,Mitchell of the distance problem. CITY MANAGER'S REPORT: City Manager Goldberg presented a bill from Sessa Bulldozing for ! cleaning of the beach after HurricanecInez, in the amount of $2,646.50. A motion was made by Commissioner Brice to approve the bill for pay- ment. The motion was seconded by Commissioner Zenobia. Commissioner Young asked what the chances were of the City being re- 0 imbursed for this . City Manager Goldberg stated that since the City did not get the full force of the hurricane, it was not declared a disaster area. The roll being called, the Commissioners voted as follows: • Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes ! City Manager Goldberg advised the Commission that the city has received a check in the amount of $4,170.00 as a return on the workmants compen- sation premium, as a result of the year end audit. City Manager Goldberg presented bills from Broome 6 Farina as follows: ! Legal description for easement, Griffin Road $25.00 Water lines, S. E. llth Terrace, N: E. 5th Avenue, N. E. 3rd Street 50.00 Report on docking facilities at Dania Beach 75.00 Preparing of specs for painting of water ® Storage tank 75.00 Plans for paving N. W. 10th Avenue 50.00 A motion was made by Commissioner Brice to approve the bills for pay- ment . The motion was seconded by Commissioner Young. ! Commissioner Young: With the understanding that any items that would come under normal retainer would be credited to the City. The roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes -3- r City Manager Goldberg presented a letter from Attorney Robert Dubow i. requesting that the City Commission set a time and date for a Public Hearing on the proposed replat of Gibralter Realty Corporation, and rh,.n'. Bowmar Associates development, Sth Avenue S. E. He suggested they, first meeting in December at 8:30. A motion was made by Commissioner Young to set a Public Hearing for ^? 8: 15 P.M. , on December S, 1966. The motion was seconded by Commis- sioner Zenobia, and the roll being called, the Commissioners voted ; as follows: x Brice Yes Salvino Yes 4, Young Yes Zenobia Yes eC Adams Yes z' u, .- City Manager Goldberg stated that several meetings back the Commis- sion approved the installation of a Blue Star Memorial Marker by the Dania Garden Club at the Wayside Park. He presented a letter from Mrs . James MacMillan, Chairman of the Dania Garden Club requesting to move the marker to the North area of the park instead of the South f.< area that was contemplated at that time, because of the widening of F." • S+; the highway by the State Road Department. ,s r' A motion was made by Commissioner Brice to have the City Commission go on record as approving the site for the marker. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commissioners voted as follows: 4. Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes City Manager Goldberg reported that, in regards to the unmetered water accounts, better than half of them have now been metered, and he will report at the next meeting as to how much more money has been taken in. INVITATION FOR BIDS 8:30 P.M. • 1. Painting and repairing elevated water storage tank 2. Furnishing and installing a 6 inch cast iron water line complete with all fittings. 3 . Furnishing and installing a storm sewer system in • Dixie Highway. Mayor Adams called for any additional bids. There were none. A motion was made by Commissioner Young that the bids be closed. The motion was seconded by Commissioner Salvino, and the roll being ® called, the Commissioners voted as follows: r, Brice Yes Salvino Yes Young Yes Zenobia Yes ° . • Adams Yes A motion was made by Commissioner Zenobia to open the bids for the painting and repairing of elevated water storage tank. The motion was seconded by Commissioner Brice, and the roll being called, the h.• Commissioners voted as follows: t' • Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes O -4- z�z'�'-�J i fL i City Manager Goldberg presented the bids as follows: There were no bids received on the painting of the water tank. City Engineer John Farina stated that apparently there were no bids on this because the City set a time limit in order to have ® the work done before the tourist season. He stated that he will personally contact all the people who took out specification on this and find out what the reason was, and bring an answer tomorrow ti afternoon. Commissioner Brice suggested that they take no action until they hear ® from Mr. Farina. A motion was made by Commissioner Brice to open the bids for the fur- nishing and installing of a 6 inch cast irdn water line complete with all fittings . The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as .follows: Brice Yes m Salvino Yes a. Young Yes Zenobia Yes Adams Yes r City Manager Goldberg presented the bids as follows: 2 Plantation Construction Company: Certificate of Competency No. 59-565X $3,986 .10 Accompanied by 5% bid bond All Construction Company: License # 1339 3,642.25 Accompanied by 5% bid bond Joe Reinertson, Inc.: 0 Accompanied by 5% bid bond 4,974.10 Dargel Construction Company: 5% bid bond 3,986.60 United States Engineering Contractors, Inc.: Y 5% bid bond 4f843.90 A motion was made by Commissioner Brice to turn the bids over to the City Manager and the City Engineer for checking over the tabulations and approval, and the low bidder be awarded the contract providing he has met all of the specifications. T-ne motion was seconded by Commis- sioner Salvino, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes ® Zenobia Yes Adams Yes A motion was made by Commissioner Zenobia to open the bids for furn- ishing and installing a storm sewer system in Dixie Highway. The mo- tion was seconded by Commissioner Salvino, and the roll being called, �j the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes ® Adams Yes -5- ,R City Manager Goldberg presented '_nG ; ids as follows: Backhoe Service Company: 50/' bid bond $38,446.50 All Construction Company: v 5% bid bond 31,476 .13 United States Engineering Contractors, Inc.: 5% bid bond 37,746 .40 N: Houdaille, Duvall, Wright: 5" bid bond 36,101.00 S i A M A Engineering & Construction, Inc*.: 50//0 bid bond 37,558.60 x'aa ® Hardrives Company: 5 bid bond 46,857.90 Dargel Construction Company, Inc.: 5% bid bond 48,102.00 0 Plantation Construction Company: 5% bid bond 33,716.00 A motion was made by Commissioner Young to refer the bids to the City Manager and City Engineer For tabulation and awarding of the bid to the lowest and best bidder. The motion was seconded by 0 Commissioner Zenobia, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes 0 Zenobia Yes Adams Yes CITY ATTORNEYIS REPORT: City Attorney Walden advised that Chief Jones just submitted to him 0 an application for a new 1 COP License for Tark's Old Fashioned Clam Stand, 1317 S. . Federal Highway. Chief has approved this, and informed Mr . Walden that the application was misplaced for three weeks, and he asked that the Commission consider passing it on two readings. City Attorney Walden advised that he cannot serve beer in a car, but they can approve it for sale of beer at a counter. 0 Commissioner Zenobia pointed out that this is less than 1,000 feet from Olsen Junior High School, and would conflict with the ordinance passed tonight. City Attorney Walden advised that the applicant would then have to 0 apply for a variance permit. No action was taken. Citv Attorney Walden reported that Mr. C. T. Robertson of Pirates Ports, Inc. has submitted to the City a signed contract wherein his corporation agrees to pay the head tax of 5¢ which was prepared some two months ago and submitted to Mr. Robertson.. He suggested a reso- lution authorizing the Mayor and City Manager to execute the agreement on behalf of the City. A motion was made by Commissioner Zenobia that a resolution be drawn and adopted authorizing the Mayor and City Manager to enter into a contract with Pirates Ports. The motion was seconded by Commissioner 0 Young, and the roll being called, the Commissioners voted as follows: -6- O ( 0 Brice Yes Salvino Yes Young Yes a Zenobia Yes ® Adams Yes City Attorney Walden reported on the suit that Hollywood Inc. filed against both Pirate Ports of Florida and the City to have the o7.-din- 7 ance declared invalid. That suit had a number of legal objections. Many of the objections had to do with the procedure used by the City = in passing these various ordinances, (in some cases they waived some hearings) , and they took some short cuts. In addition to that, Holly- wood, Inc. has questioned the basic validity of the enacting ordinance, n that was the ordinance that was passed to cteate the zoning classifi- cation, which is the real issue in the suit. He stated that sometime in the near future they hope to have a ruling as to the legality of ® the ordinance creating this zoning.category. It is still pending. City Attorney Walden presented a letter addressed to the Mayor, from the National Children's Cardiac Hospital, requesting permission to solicit funds in the City of Dania on February 24, 25 & 26, 1967, He also presented a letter from the Lukemia Society of Broward County, requesting permission to solicit funds in the City of Dania between March 17th and March 20th. He stated that it has been the custom of the City to authorize such solicitations. A motion was made by Commissioner Brice to table this until the next meeting. The motion was seconded by Commissioner Salvino, and the ® roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young No Zenobia Yes ® Adams Yes Commissioner Brice stated that we are receiving a number of applica- tions for different openings that we have in the City, and he would like to present a motion to the Commission that they authorize the City. Manager that they have every job applicant take an examination 6 in accordance with their job, and that their references be checked out before they be considered for employment. A motion was made by Commissioner Brice to have all future job appli- cants take an examination in accordance with their job, and that their references be checked out before they are considered for employment. The motion was seconded by Commissioner Zenobia , and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes A motion was made by Commissioner Brice that any future employee hired be required to take a physical examination before being hired. The motion was seconded by Commissioner Salvino. b Commissioner Brice explained that the reason for his motion is that if a person has a chronic ailment they should know it (the City) be- fore the person is hired, because that is the reason why the insurance rates are so high. ® The roll being called, the Commissioners voted as follows: -7- F Brice Yes Salvino Yes Young Yes Zenobia Yes 0 Adams Yes Commissioner Salvino asked City Manager Goldberg why the shrubs along Federal Highway have not been taken care of. Commissioner Young: Tonight for me is a culmunation of 6 years of ® dedicated service, projects for betterment of your community and my community. And I want to take this opportunity of expressing my thanks and my gratitude to the good friends and the persons who have had confidence in me over this long number of years for their support and their loyalty. 0 Commissioner Zenobia: I've got my swan song too. I'll say the greatest understatement of the year, it has been an eventful two years. And I would like to thank everyone that voted for me and helped me. I would like to thank all the department heads, city employees. I be- lieve you have a find group, regardless of what we have heard lately. And I have worked hard for the City. I haven't missed a single meet- ® ing. And I would like to thank the gentlemen up here with me. I have enjoyed working with you, even though we did fight once in a while. Mayor Adams: I would like to take this opportunity to thank the pre- sent Commissioners for the wonderful co-operation that they have given to me. I appreciate the honor of being the Mayor for the past year. ® And I have enjoyed working with you gentlemen very much. There being no further business, the meeting adjourned. Mary Thornhill Cit Clerk-Auditor ' James G. Adams Mayor-Commissioner :;gip