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HomeMy WebLinkAbout86105 - MINUTES - City Commission • 0 ® MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD NOVEMBER 1, 1965. 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 FRANK SALVINO COMMISSIONERS ROBERT GRAMMER VERA HILL S. ELLIS YOUNG CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN • CITY MANAGER TONY SALVINO CHIEF OF POLICE MONTIE SMITH CITY CLERK TRY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Salvino. • 1. Minutes of meetings held October` 13 & 18, 1965 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: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes • 2. Ordinance: Entering into a lease agreement with Phil Heller for Dania Fishing Pier. (Third Reading) AN ORDINANCE authorizing the execution of a Lease Agreement dated September 20, 1965, by and between City of Dania, Flo- rida) as lessor, and Phil Heller, as lessee, concerning the Fishing Pier located at Dania Beach, Dania, Broward County Florida; and providing that all ordinances or parts of ordin- ances in conflict herewith be repealed to the extent of such conflict; and providing that this ordinance shall become effective as of its passage and adoption, on third reading. • A motion was made by Commissioner Young that the ordinance be passed on third and final reading. The motion was seconded by Commissioner Hill, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes 3. Ordinance: Approving the plat of the W 3451 of the N� of S 'k of NW' of Section 35-50-42, less the S 25t and less Dania Cut-Off Canal R/W. (Second Reading) AN ORDINANCE approving the plat of the West 345 feet of the North half of the Southwest quarter of the Northwest quarter • of Section 35, Township 50, Range 42, less the South 25 feet and less Dania Cut-Off Canal right of way; and providing that all ordinances or parts of ordinances in conflict herewith be repealed to the extent of such conflict; and providing that the ordinance shall become effective as of its passage and adoption, on third reading.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 Young to adopt the ordinance on second reading. The motion was seconded,by_ Commissioner Hill, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes • Zenobia Yes Salvino Yes 4. Ordinance: Rezoning .Blocks 2, 3, 4,' 5 EI6, Hollywood Manors, from R-1, .R-2 6 R-lAA classifications to R-3 classification. (Second Reading) AN ORDINANCE rezoning Blocks 2, 3, 4, 5 6 6, Hollywood Manors according to the plat thereof recorded in Plat Book 11, Page 1, Public Records of Broward County, Florida, , said lands situate, lying and being: in Broward County, Florida, from existing zoning classification to R-3 zoning classification; and providing that all ordinances in conflict herewith be repealed to the extent of such conflict; and providing that this ordinance shall become effective as of its passage and adoption, on third reading. A motion was made by Commissioner Hill to pass the ordinance on second reading. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes r' Hill Yes Young Yes Zenobia Yes Salvino Yes 5. Ruth Wall, representing Myron L. Wall Insurance Agency, Inc. Mrs. Wall stated that they carry the.Workman's Compensation Insurance for the City of Dania, the premiums of which are based on claims received. If the City has not effected a claim they are due an <, additional premium. She stated that the City has a return premium. She presented a check, in the amount of $3,253.00, for 1964; and a check, in the amount of $216.00, for 1962. 6. Application for taxicab license: Hollywood Yellew Cab Corp., Inc. A motion was made by Commissioner Young to refer this to the Chief of Police for investigation and recommendation. The motion was seconded by Commissioner Grammer, and the roll being called, the_Commissioners voted as follows: i' Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes < ' 7. Application for transfer of 2 COP License: Clarice Taylor, from 422 West Dania Beach Blvd., to 5 N.W. 5th Avenue. (First Reading) A motion was made by Commissioner Zenobia to pass the transfer on first reading. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes {; Zenobia Yes ` Salvino Yes • Application for transfer of 4 COP License: From Joseph Benkelmann to Joseph D. Duane 6 Isabelle Duane, Joe's Bar, 16 West Dixie Highway. (First Reading) A motion was made by Commissioner Young to pass the application • for transfer on first reading. The motion was seconded by Com- missioner Hill, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes n Young Yes Zenobia Yes Salvino Yes 9. Representative from the Dania Betterment Association, Re: Sewer Construction. • Charles DeMuzzio was present, representing the Dania Betterment Association. He stated that they had a meeting regarding the "de- plorable condition of the streets of Dania". He pointed out dif- ferent items in the contract that have not been complied with; such as temporary paving "no longer than 15 days after backfilling of the • trenches"; and after placement of the limerock material "all excess material shall be removed" . He stated that they would like to know that there has been an effort made to rectify the deplorable condi- tion of the street; and they wished to go on record "thanking our City Manager, Mr-: Tony Salvino for his prompt attention to this matter, a matter which is of vital importance to the well-being of our citizens, • especially in view of the coming tourist season". inHe further stated that it has been brought. to the attention of the Association, that a small number of the necessary sewer right-of-way easements have been acquired. He asked what is being done to rectify this situation. City Manager Salvino stated that he wrote a letter to Mr. Philpott • inviting him to attend this meeting, and he received a reply that he would not be able to attend the meeting "due to prior commitments".. He suggested that they call a special meeting with the Engineer to bring everyone up to date, before they issue any more checks for any more work; call Mr. Philpott and Mr. Sparkman in, and Mr. Berry, and get this thing worked out once and. for all. • 10. Proposed ordinance establishing a Civil Service Plan for certain City Employees. Commissioner Hill stated that she has studied the proposed ordinance, drawn up by the City Attorney; and she noted that department heads were included "of which I am very much against". She further stated that she noted a few other things in the proposed ordinance that con- flict with the Charter, therefore she would be against this particular ordinance. Commissioner Young stated that he too felt that department heads should • not be included in it, and he felt that they should not just include the two departments; "or, what'you might :say, two and one-half depart- ments". He felt that it should be an over-all program to include all City Employees. He also suggested that they should be able to tell the people how much extra per year this would cost the taxpayer to put it into effect. Also, he suggested that the City Manager's Office • should prepare a brief resume of the program and mail it to all the taxpayers in town to give a "straw vote" in favor or opposed. Commissioner Grammer pointed out that this should have been done before the question of Civil Service was sent to Tallahassee; they should have put it on a referendum vote. He asked Commissioner Hill what in it is • again®t the Charter. Commissioner Hill replied "department heads". -3 r • �. • Commissioner Grammer stated that it would be an amendment to the Charter. Commissioner Young stated that the portion of the charter that states r^h that the department heads "shall serve at the pleasure of the City Commission" was not repealed. • Commissioner Zenobia: In other words, you are against department heads being in it, Mr. Young? Commissioner Young: I am against department heads being included, yes sir. • Commissioner Zenobia: And you too, Mrs. Hill? Commissioner Hill: Yes sir, I sure am. Commissioner Young: And I feel that if you are going to put two • departments in it, then other departments should be in it too. With all due respect, I don't see why certain departments should be put in and others should be left out. Commissioner Zenobia asked City Attorney Walden if that part of the Charter was repealed. • City Attorney Walden stated that, where the confusion arises, is that the Charter says that the department heads shall serve at the pleasure of the Commission; and the Charter amendment that was adopted in 19651 giving the Commission the right to adopt a plan of Civil Service, said that it could include department heads, and at the end of that law it • states that anything in conflict is repealed. "So, while the 149 Charter, on the one phrase stating that the department heads shall serve at the pleasure of the Commission, in effect has not been expressly repealed, I think that it is implied'.repealed". Commissioner Young pointed out that, in that same session of the legis- lature, they also had a bill passed that stated that the department heads had a right to have a public hearing if they were dismissed. City Attorney Walden stated, "yes, but at that time you did not know whether you would go ahead with Civil Service, you simply wanted the authority to go ahead. And so; I think that if you do go ahead, then • by implication, everything in conflict is repealed". A motion was made by Commissioner Zenobia to adopt the ordinance on first reading. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: • Grammer Yes Hill No Young No Zenobia Yes Salvino Yes . • A motion was made by Commissioner Young to instruct the City Manager to send out notices. to .all registered voters.forIthe purpose of having a straw poll on Civil Service regarding the ordinance just passed. The motion was seconded by Commissioner Hill. There was some discussion regarding Civil Service by Mr. Houston and • Mr. Bill Brooks. Commissioner Zenobia stated that Commissioner Young just made a statement that he was for Civil Service for everybody; yet he had an opportunity to make an amendment to' the motion and never did. • Mayor Salvino suggested an amendment to Commissioner Young's motion to let the people decide whether they want department heads included. -4- SZ? v • ® Commissioner Young replied that the rules and regulations are not to be formulated until the ordinance is passed and the Board is appointed, then they are supposed to work out the rules and regu- lations. ® Mayor Salvino called for roll call on the motion. City Clerk Thornhill: The motion is to instruct the City Manager to send out notices to all registered electors for a straw poll for Civil Service. • Commissioner Young: If it is agreeable with my second, I would like to include in there with reference to department heads, with reference to all of the employees, os-whetheh !they are opposed to the complete plan. In other words, if they are opposed to one, opposed to two, or opposed to three. • Commissioner Hill stated that she, as second to the motion, would go along with that. Commissioner Grammer suggested that they just publish this notice in the paper, instead of going to all the trouble of mailing all this out. The ones who are against it can come up here and express their views on • it at a meeting. The motion now reads: A motion was made by Commissioner Young to instruct the City Manager to send out notices to all registered voters for a straw poll for Civil Service with reference to Department Heads, all employees, and whether they are for or against Civil Service. The • motion was seconded by Commissioner Hill, and the roll being called, the Commissioners voted as. follows: , Grammer . Not that I think the people should not be informed, but I think it is a waste of the taxpayer's money, so I will vote . . . No Hill Yes Young Yes Zenobia Yes Salvino Yes 8. Public Hearing: 8:30 P.M. , Sewer Assessments. • NOTICE OF HEARING: WHEREAS, by resolution number 1613 adopted on September 28, r 1964, the City Commission of the City of Dania, Florida, ordered- the construction of a sanitary sewer system in and for the City of Dania, Broward County, Florida, with the title to said resolution being as follows: A RESOLUTION ordering construction of a Sanitary Sewer System in and for the City of Dania, Broward County, Florida, providing for the issuance of $2,250,000 Sewer Revenue Bonds of said City for the purpose of paying the cost thereof, providing for the sale, security and pay- ment thereof from sewer revenues, special assessments, utilities service and cigarette taxes, making certain covenants and agreements in that connection and fixing an initial schedule of sewer rates, fees and charges. All objections to such resolution numbered 1613 on the ground that it contains items which cannot be properly assessed against property, or that it is, for any default or defect in the passage or character of the resolution or the plans or specifications or estimate, void or voidable in whole or in part, or that it ex- ceeds the power of the City Commission of the City of Dania, Flo- rida, shall be filed with the City Clerk-Auditor, City of Dania, Florida, at or before the time of the aforesaid hearing of the City Commission of the City of Dania, Florida, at 8:30 P.M. , Monday, November 1, 1965. f.. f1. 'fi • • ® City Attorney Walden stated that one reason for the hearing tonight was to determine what ratio of the assessments would be paid by the City and what part will be paid by the property owners, who will be assessed for their share. He stated that basically, under a revenue type bond issue, the City cannot use its General funds to pay any part of the cost of construction. However, there will be one excep- tion to that, that is where the City itself owns property, and where the City itself will be sewered, for instance the City Hall. He stated that the law requires that any objections be in writing, and if there were no written objections, the record should show that. He pointed out, however, that they could consider any verbal objec- tions that are made to it. No written objections were received. ' Mr. Sinclair, N.W. 1st Avenue, stated that he noticed, in the legal notice that was published in the 'paper, certain items which had not been done in accordance with Chapter 184 of the Florida State Statutes, entitled Municipal Sewer Financing. He stated that, for the benefit of the citizens of Dania, he would like to give an indication of what is supposed to be done, and what the results of this meeting tonight could mean. "According to the law, when the City Commission 'so decides that they deem it necessary to have sewers, they can pass a resolution to that effect. Upon the passage of this resolution, they can engage an Engineer to prepare plans, specifications, 'estimates, and a tentative apportionment roll. The tentative apportionment roll is a very impor- tant item that seems to be put into the background by saying that $100000 is a very small percentage of the; sewer program, so it is 0 really of no importance. That is the impression that I have .received." City Attorney Walden: It is $800,000. Mr: Sinclair: Part of the information that is supposed to beci included in the tentative apportionment roll shall include the Block number, the 41 Lot number, various other information as decided by the Engineer, he may decide to put the property ownerts name in. And there shall also be included the amount of money that shall be assessed against each lot, or parcel of land; and the amount of money that shall be assessed against the City, or to be paid by the City. This tentative apportion- ment roll is then to be placed on file with the City Clerk as stated in this legal notice, along with the plans, specifications and estimates, for public perusal; so that a public hearing, such as we are having tonight, objections can be voiced. At this public hearing, three things can happen, according to the law. If there are enough objections, evid- ently, the 'original resolution can be repealed. If the objections are of a minor nature, the Commission can take it upon themselves to arrive at fair and equitable treatment for all property owners who may feel that they have a problem. The third course of action that can be taken is the confirmation of the original resolution; confirmation, according to the dictionary, means to ratify, to approve. Now all this is very clearly outlined in the State Statutes, which is the law that Dania follows. And it has listed these items that I have mentioned in proper sequence. Now it states here, that after the tentative apportionment is approved, and the problems have been ironed out with the property owners, bonds may be issued. But it seems that the bonds were issued before this public hearing for objections. Now I have read this legal notice in the paper saying that there was certain information in the City Hall regarding the cost distribution between property owners and the City. I came down to the City Hall and I was showed a document entitled Preliminary Assessment Roll. Just as a point of information, the Pre- liminary Assessment Roll is normally not presented until after the com- pletion of the project. That is the reason why, at the end of the legal notice, it said that the tentative apportionment may be entitled prelimiinary assessment roll. I feel that the fact that this information was not available to me, all I saw was a list of lot numbers, block num- bers, size of lot and square footage; no figures in dollars and cents indicating what the assessments would be. And it is my own. personal opinion that, as a Citizen of Dania, and a person who has to tie into -6- ® this sewer program, that I have been deprived of the right of objection, prior to the issuance of bonds. I don't know what legal standing I have, but I feel that, as long as I have been deprived of this right, I still retain certain other rights; that is the right to possibly decide not to tie into this sewer system. Or to contribute my share of paying for it. I don't say I will do ® this, I realize the sewers are in and they have to be paid for. But what I am saying is this, I am asking a question. Was it either by design or by error that this condition occurred? Was this condition made on purpose so that the people could not be able to voice an opinion for or against the sewers? I would like to get some indi- cation from the Commission on what they intend to do. The only thing • I can see that would be in accordance with the law, even though the $800,000 may be a very small percentage of the program, but the law specifically states we shall have a tentative apportionment roll open to the public for objections. This has not been done. I would like very much to see one of the Commissioners make a motion that this meeting be declared null and void until the necessary and proper in- formation is made available to the Citizens. And at that time, hold a hearing for public objections. My own personal opinion, not being a lawyer, is that what we are doing here tonight is performing an illegal act to legalize another illegal act, which was the original resolution. • Mayor Salvino stated that Commissioner Zenobia and himself could not answer that question, because that was done before they were elected. City Manager Salvino: That is a legal question anyway. City Attorney Walden: This apportionment roll, the way it is written, • is going to be 4' cents a square foot. Resolution 1613, which is the basic resolution, was drafted, as a matter of fact, by what is recog- nized as the top bonding firm in the state of Florida, and in the United States of Chapman & Cutler. And after that resolution was drafted and adopted, and before the bonds were issued, a bond valida- tion suit was filed in the Circuit Court, the 17th Judicial Circuit, • . State of Florida. And the Honorable Jose Gonzalas, who at that time was state Attorney represented the public, and he filed an answer. After a court hearing, a final decree was entered by the Circuit Judge validating the entire proceedings,, and no bonds were issued until the appeal time lapsed, and so I suggest that, on the legal points, I am not going against the Circuit Judge. Now again on your objections, • subparagraph 5 says "all objections to said resolution on these general grounds shall be made in writing in person, or by attorney, and filed with the Clerk on or before the time of the said hearing" . So any . objections of legal nature should be in writing. I think the confusion of the statutes arises because the program is not being paid for solely with special assessments, but only part of it. You have special assess- ments, revenue bonds, and a federal grant; all three. of which are tieing used by the City. Mr. Sinclair: You are talking about 4'� cents a square foot; is this in the original resolution? • City Attorney Walden: No. - Mr. Sinclair: Where is it stated? It has not been .enacted into an, ordinance or resolution in the City of Dania? City Attorney Walden: No, it is going to be done now. Mr. Sinclair: This is what I am. going to bring out, because according to state law sewer assessments shall be assessed on a front foot basis. City Attorney Walden: It says "any method that is ,fair, just and reason- able" . That, frankly, is what I suggest you voice your objections on, • the amounts or method, because that is really what the Commission has got to decide. Mr. Sinclair: The fact remains,' for alyear we have been told how wonder- ful Q.l the people are who have been handling this program, and yet there -7: ® have been more complaints and more upset citizens in Dania resulting from people who are supposedly tops in their field. Like I say, I am not a lawyer, Mr. Walden is. And I don't know how to interpret the law, but I can read very plainly; and according to the State Statutes, it outlines it A,B,C 6 D in that order. In fact it specifically states that after authorization, or approvement of the tentative appootionment roll, "as soon as practicable, after authorization of bonds under the provisions of this chapter; by that it means whatever has come before, I believe, and after; but this is listed right after the objections are heard. So what I am saying is that the bonds do not become authorized until after the objections are• heard, and the objections should be based on information which was supposed to be included in the tentative approtionment roll, which was not done. I would like to see somebody make a move towards straightening this out; because, as you well know, the people of Dania on the West side of Federal Highway, are very up- set about having sewers jammed down their throat, and I wouldn't be a bit surprised if some people inaugurated recall proceedings against certain individuals. This is something that the people have been de- prived of---the right to objection. City Attorney Walden: You have that very right tonight, and you are going to have it again on the hearing of the preliminary assessment roll. Mr. Sinclair: We have been denied that right, tonight, because the amount of monies to be charged against'-the property in the City have not been included in that document which was on file downstairs. This is another thing I take exception to the City Commission doing, talking about 4'd cents a square foot when they have no right to do it. You should have told the people that you have a choice between front foot- age and square footage. Is it easier to say 4' cents a square foot than to say $20 or $30 a front foot? Commissioner Grammer: This was discussed about 4� cents a foot, be- cause, personally, I was against it. I wanted to do it by the lineal foot, and it was discussed for two or three meetings before it was finally decided it would be approximately 4� cents a foot. That has been a long time ago. Mr. Sinclair: I for one, as a citizen, did not hear any lineal foot , charge being discussed at any meeting. Now, I may not have been here; but, the fact remains that not every citizen of Dania attends a Com- mission meeting. Commissioner Zenobia: I was not on the Commission when this was done, Mr. Sinclair; but I do recall sitting in the audience when they were talking about q cents a foot. And I did a little figuring on the lineal foot; if you come out to the same assessment of 4� cents a foot, you would have to come up with about $5.60 a lineal foot, and not $20 or $30 like you are saying. Mr. Sinclair: What I am saying is that the people should be entitled to make a decision, number one; number two, $$800,000 as I said may not be a large percentage of the project, but according to the law, the tentative apportionment roll should contain certain information which it did not contain, and I would like ,to have an opinion from someone as to what is going to be done to enable the •City of Dania to comply with the Florida State Statutes, because to my knowledge, they have not passed any ordinances, resolutions, or, what-have-you overriding any portion of this statute that we,are talking about tonight. City Attorney Walden: What you have got to do tonight is adopt a resolution confirming and approvidg.the tentative apportionment of Broome E Farina City Attorney Walden read the resolution entitled: 40 A RESOLUTION confirming and approving the "Tentative Apportion- ment" of Broome 6 Farina, Consulting Engineers,concerning the amount to be derived by Special Assessment from the Sanitary • 0 • Sewer Program of the City of Dania, Florida; and ratifying and confirming Resolution No. 1613, adopted September 28, 1964; and repealing all resolutions or parts of resolutions in conflict herewith; and providing that this resolution shall become effective as of the date of its passage and • adoption. A motion was made by Commissioner Grammer that the resolution be adopted. The motion was seconded by Commissioner Young. Mr. Sinclair further quoted from the Florida State Statutes; "the • Engineer shall also prepare in:'.duplicste, a tentative apportionment of the estimated cost as between anmimicipality and each lot or parcel of land subject to special assessement under the resolution. Such approtionment to be made in accordance 'with the provisions of the resolution under the provisions of subsection 7 of this section in relation to apportionment of cost in the preliminary assessment • roll. Such tentative apportionment of estimated cost shall not be held to limit or restrict the duties of the Engineer in preparation of such preliminary assessment roll. One of the duplicates of such plans, specifications and estimates and tentative apportionment shall be found with the Clerk of the Municipality and the other duplicate shall be retained by the Engineer in his files, all thereof to remain • open to public inspection." I would like to clarify what should have been downstairs and in the Engineerts file. Mr. Sinclair further quoted from Section 7 in regards to "a description of the lots or parcels of land within a district which shall include all lots or parcels which abut upon the side of that part -of any ,street which a ,sanitary sewer shall be constructed or,reconstructed". . The City • is to pay for their portion of the 'sewer, how? City Attorney Walden: The greater part of the Sewer Program is to be paid through the bond issue in the first instance, and that will be repaid through the service charges, through the Federal grant; and I suggest to the Commission that, you adopted this plan from the day .you • started it on the square foot basis under the recommendation of Mr. Philpott and everyone else, and if you want to change it, I think you ought to do it on the hearing of the preliminary assessment roll, which will come about after the work is done. Mr. Sinclair then got into a discussion with Mr. Farina, of Broome b • Farina, regarding the charges. Mr. Farina replied that the Florida Statute, paragraph 7, Chapter 108.05, says that the preliminary assessment roll cannot be prepared until after the work is done."The roll that you have is not the preliminary Assess- ment Roll': . This is the tentative apportionment that we are talking about • tonight, because we cantt talk about the preliminary assessment roll, be- cause we cantt prepare it until the work is done. We cantt prepare it until the work is done because .we dontt know what it is going to cost." Mr. Sinclair then stated that he has done the best he can to bring forth before the citizens of Dania the true facts related to this sewer pro- gram. He stated that he was going to try to rectify some ofi the con- ditions that they are being forced to live under. Mr. Houston stated that he understood that this is a tentative appor- tionment roll, in other words it can be changed. • City Attorney Walden: Yes, and you are going to have a later hearing on the assessments themselves, and that will}be held after the work is done. Mr. Houston: My question is can ghat assessment be changed? City Attorney Walden: Yes sir. Mr. Houston stated that there is only one fair way to assess the prop- erties, and that is by front foot, and he didntt think it would run -9- • • s • around $5.60. There followed some discussion regarding assessment by front footage and square feet, after which Commissioner Zenobia stated that this figure can be changed. "If we can come up with a cheapbr:.ligure on the front foot to get that much money, it is alright with me." • City Attorney Walden: May I make this suggestion. . .you ought to get a resolution passed on this phase of this' program. Frankly, this is what the Engineer started off recommending to you a year ago, so if you are inclined now to change it,..there is quite a bit more work to do. If you could see your way to pass some kind of resolution tonight, • if you think this is basically correct, and then actually authorize the Engineer to do it the alternative way. Then you can, on your preliminary assessment roll, pick up any adjustments" that should be made in it. You have got to tell the Engineer in a more formal way just exactly what alternative you want him to consider. Then you can change it in your preliminary assessment hearing. • City Attorney Walden asked of Mr. Broome, "If the Commission adopts this resolution as it is now written, how long would it take to pre- pare the roll as to each parcel .of property in town both ways; that is, on square foot as compared to front foot basis? • Mr. Broome replied it would take 6 to 8 days. City Attorney Walden stated that they are going to have to have it by individual parcels on the Assessment Roll, so they may as well break it down by individual parcels. But he suggested that this resolution be approved in some form as quickly as possible. • City Clerk Thornhill: We have a motion on the floor that the resolu- tion be passed as read, seconded by Commissioner Young. The roll being called, the Commissioners voted as follows: • Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes City Attorney Walden: . I recommend that you consider a motion to employ Broome 6 Farina to figure out how to raise the $800,000 by both basic ways, that is by the lineal foot and the square foot, as to each lot in town. A motion was made by Commissioner Zenobia to authorize Broome 6 Farina to figure out each lot in town by lineal foot and• sgaare foot basis, for assessment. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes ,40 Young Before I vote on this, I would like some idea of what it is going to cost; Pete, how much extra is that going to cost the City? Mr. Broome: I don't have a figure on that, I can probably have that for you tomorrow. • Commissioner Young: I'll vote Yes Zenobia Yes Salvino Yes 11. City Manager's Report: • City Manager Salvino stated that we installed a water pump at the Water Plant, Broome 6 Farina inspected it, and it is complete. He then pre- sented a bill for $2,417.83, and asked for authorization to bay the bill. J • A motion was made by Commissioner Zenobia to pay the bill. The motion was seconded by Commissioner Hill, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes • Young Yes Zenobia Yes Salvino Yes City Manager Salvino stated that we took bids on chemicals at the Water Plant; he recommended that they accept the bid of P. H. Ross • Company, $3,870.60, as best and lowest. bid. A motion was made by Commissioner Young to accept the City Manager's recommendation. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: • Grammer Yes Hill Yes Young Yes Zenobia . Yes Salvino Yes �1 City Manager Salvino stated that they received bids at the last meet- ing for paving of S.W. 7th Avenue; the low bidder was DiMar for $2,784.10. He recommended that they accept the bid of DiMar as best and lowest bidder. A motion was made by Commissioner Grammer to accept the City Manageris recommendation. The motion was seconded by Commissioner Young, and the • roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes • Salvino Yes City Manager Salvino stated that since the hurricane clean-up on the beach, they paid£ond billetoJohnny Sessa; he then presented another bill'. for bulldozer completion of the beach, of $1,250.20, and presen- ted an itemized bill. He further stated that, at the last meeting, • he presented a $1,500 bill that Ralph Sessa brought in, which was for paving and curbing at the beach. City Manager Salvino stated that he thought the $1,500 bill was a final bill, but was later informed that it was only .for paving and curbing. The bill that he is presenting now, for $1,250.20, if for cleaning of the beach. • A motion was made by Commissioner Zenobia that the bill be paid. The motion was seconded by Commissioner Grammer, and the roll being called; the Commissioners voted as follows: Grammer Yes Hill Yes • Young Yes Zenobia Yes Salvino Yes City Manager Salvino stated that he began a check on the 1928 Side- walk assessments, but was unable to complete the investigation; "hut • there is one that I would like to recommend that you do cancel; that of Mr. Peter's who has donated some right-of-way on Sheridan Street to the City. He donated his right-of-way, and others were paid for the right-of-way in the widening of Sheridan Street. In return for that, he was promised from somebody, that this assessment would be cancelldd; that is lots 8, 9 & 10 Block 3, St. James Park. The • other one is two lots owned by the .Baptist Church, which I would re- commend you cancel; but that is up to the City Commission. But I s would like to recommend at least 'Mr. Peters right now. 1i • • • ® City Attorney Walden stated that Mr. Peters did donate the right-of- way, and it was true that the City did purchase several rights-of-way in that area; so, out of fairness, if he says he was promised that, he was sure that he was telling the truth. City Manager Salvino recommended that the Commission draw up the proper • resolution to clear the title. A motion was made by Commissioner Young to adopt and pass a resolution cancelling the assessment on Lots 8, 9 & 10, Block 3, St. James Park, owned by Alva K. Peters. The motion was seconded by Commissioner Hill , and the roll being called, the Commissioners voted as follows: • Grammer Yes Hill Yes Young. Yes Zenobia Yes Salvino Yes City Manager Salvino stated that he would have the balance of the re- commendations at the next meeting. He stated that, at last meeting, the Commission authorized advertising for the ,paving of the street ends; and the minutes read that they were authorized to draw up the specifications, which has been done. He suggested that they accept • the bids on the 15th of November. A motion was made by Commissioner Zenobia that the bids for paving of the street ends be advertised and received on November 15th at 8:35 P.M. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill ' Yes Young Yes Zenobia Yes Salvino Yes • Mr.-Houston stated that he has been in a quandary for Some time trying to understand why the City Clerk has to sit at the Court Trials, which occupies much of her time. He asked Attorney Walden if it is necessary that she be up in Court. • City Attorney Walden stated that he was going to bring up the same question about himself. He further stated that the City Charter pro- vides that the City Attorney shall be the prosecutor in the Municipal Court, and.he was not trying to say otherwise; but he inquired of pre- vious City Attorneys, who stated that they seldom, if at all, attended Municipal Court. He stated that Judge Black, he felt, is trying to upgrade the Court, and it does have an excellent reputation in the County as far as Municipal Courts go; and he felt that Judge Black would prefer to have a Municipal Clerk and a prosecutor, and just as much for- mality as other courts. But, he pointed out, that the Municipal Court is mainly a traffic court, and in his opinion, there was no need for a prosecutor. He suggested that, if it is the wish of the Commission to • have a full-time prosecutor, who is going to be here to presecute every case, three sessions a week, that the Commission consider hiring some young Attorney as an Assistant City Attorney who will primarily be a prosecutor. I have either got to ask that you pay me more to do it, or ask that you hire an assistant, or that you formally adopt some policy that I will not have to prosecute other than the important ones. Also, • for many years we had no clerk that I know of, I think.one of the police- men sat there. I think the Commission ought to decide as a matter of policy, how high or formal you want the City Court to be. Commissioner Zenobia suggested that, in all fairness, the new Commis- sioners will be taking over next week and there will be appointments to make. He suggested they ought to wait until the new Commissioners come up. t -12- • 0 • Commissioner Young asked if Mr. Walden was called in on traffic violations. City Attorney Walden: Yes sir. About 90% of them are traffic cases, wouldn't you say that Montle? Chief Smith: Any cases contested by another attorney, Judge Black • asks for a prosecutor and will reset the case in order to prosecute. I don't think there is a .necessity for all this formality. City Clerk Thornhill: May I say something on my behalf? If you take one of the girls out of the office, that means that I have got to do the work that she is doing while she is down there, • City Attorney Walden asked Mrs. Thornhill what she does in court. City Clerk Thornhill: You open the court and swear in the witnesses, and write the decision of the court on the docket, • Commissioner Hill: Who did that before you did? City Clerk Thornhill: One of the policemen that were on duty. Chief Smith stated that this came lbout some months ago when somebody, he didn't know if it was a Commissioner or who it was, but they said • that you have to live up to the Charter; and the Charter does state that the Clerk will sit in each court hearing. Commissioner Hill suggested that they temporarily relieve Mrs. Thornhill of this duty and let the new Commission decide on it. • A motion was made by Commissioner Hill to relieve the City Clerk of Court buty. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes • Young Yes Zenobia Yes Salvino Yes Mr. Bob LaCroix, from the audience, stated that the specifications on the new fire station have been written on the electrical work; they • have been changed, not for the better but for the worse. He suggested that they change them back or rectify the mistakes that have been made on it. He stated that the original specifications called for all rigid galvanized conduit throughout the entire building. But, since the job has been let, somebody changed them to electric metallic tubing in the walls and ceiling areas "which is still a good electrical job"; but, they didn't change the specifications. They still call for galvanized rigid conduit, which is the best conduit you can use. The whole building is being installed in aluminum conduit, which, he felt, is not lasting material. . .it corrodes. He suggested that someone should reimburse the City, if there is a change in the specifications, or put the job in the way it is supposed to be. • Commissioner Young asked if there is a difference in price between the two. Mr. LaCroix: Not in the aluminum conduit, but in EMT it is about 3 times the cost and takes about three times the amount of labor to • install. The galvanized rigid conduit costs 3 times as much as the same size pipe in Electric Metallic tubing, and it takes a man an hour to put in Electric Metallic Tubing, and it would take him three hours to put in galvanized Rigid conduit; that is about a 3 to l ratio, laborwise and costwise. Commissioner Young asked City Manager Salvino if he knew how this change came about. -13- • • 0 ® City Manager Salvino stated that the first change that was requested by Tognoli was that the Engineer or the Contractor wanted to recom- mend that they put cement instead of finish on the wall. "I said, as far as I am concerned, I don't want any changes in the whole building without a change order. I met with Fire Chief Lassiter and Building Inspector Lindeman, and P'saidathetbcwereato be no changes made except • those which might be better for the same amount of money. I was told to turn the inspection and specifications over to Charlie Lindeman, and he was supposed to follow through on the specifications. I have a letter from Broome 6 Farina stating that they are authorized to make changes. I haven't read the whole thing over, but anything I have that involves the Fire Station, I turn it over to the Building Inspector. • Mr. Lindeman tells me that it is just as good. I talked to Mr. Tognoli Saturday, and he asked me if I want to stop the job; but I told him I didn't want to stop anything until I found out today what has to be done. I discussed it with Chief Lassiter trying to find a solution to it. The pipe has already been installed. I don't care what Hollywood. or North Miami does, but I think he should live up to the specifications, • unless it can be proven that it is better.:' Mr. LaCroix: It has been proven that it is not better. City Manager Salvino: Do you want me to overrule the Building Inspector? I will have to tell Mr. Lindeman to tell them to tear it all out and go • back to the original plan. Commissioner Grammer: I would like to ask the attorney, can the Build- ing Inspector and the Engineer legally change a legal contract without the owner's consent? • City Attorney Walden stated that he did not think so; and suggested that a price adjustment should be made, in final payment to Tognoli Brothers make a price adjustment, or else stop the job and make them put in what the contract calls for. Mr. Rickards, electrical contractor on the Fire Station, stated that • there were no changes made after the contract was signed. He did not have a signed contract when these changes were made. He stated that before the contract was signed they came to him and told him that the Commission or the Fire Department wanted some additions. They did not want any change orders that involved any money, nor did they want a cheapened job. So he took down a list of the additions that they • wanted; "and I made the condition that I would give them these additions. providing that they would permit me to use EMT with no change in price. When this change order was given to me, I called it to the attention of Mr. Farina that it was still specified rigid galvanized, and should he note this on here that I would be using aluminum. And he said there is no change in price, so as far as I am ,concerned, one is as good as • the other; go ahead and use it." He stated that he has permission to use what he is using. He asked who his contract was with. He stated that he has a signed contract with Tognoli, but his men have been harrassed, through the Building Inspector, but handed down to him by other means. "If I am to work for the City Commission, then I want you to void my contract and make a new contract with me." • City Attorney Walden asked Mr. Rickards if he has been dealing with the Fire Chief. I agree that your contract is with Tognoli, I don't know where these changes have been made. Mr. Rickards: I say, basically, No. City Attorney Walden: If you have been making a side deal, I think it is very improper, and I would have to tell the Commission that. Mr. Rickards: I have talked with the Fire Chief on'some of these changes, who has intturn talked to Mr. Farina, so far as I know. • Commissioner Zenobia stated that he has never seen a list of the changes, and he didn't know of any changes that have been made up here. -14- r; Mr. Rickards stated that he wished the Commission would get together • and "stay off my men, because if they stall my men any more, then I am going to bill the City for loss of work time". Commissioner Zenobia: Don't say the Commission, because I haven't been near your job. • City Attorney Walden: May I ask, to clarify the record, because I don't want to be placed on the spot either, what did you do, deal with the Fire Chief to do extra work and then subtract on this? Mr. Rickards: Yes sir. • City Attorney Walden: And what are the extras, if I may ask? Mr. Rickards: Not subtract, but substitute. It was an equal change. I agreed to use EMT, which is much cheaper. • City Attorney Walden: And what were the additions? Mr. Rickards: Various outlets, I couldn't give you the number now; move the inside switch to the outside; I believe there are two fixtures, if I am not mistaken; some additional telephone outlets; there are a number of changes. • City Attorney Walden: Well, in my opinion, it works both ways; you can't say you don't want .to deal with the Commission and at the same time work out side deals with the Fire Chief. A motion was made by Commissioner Young to turn this over to the City • Manager, with authority to investigate, and abide by his decision. Mr. Rickards: Let me suggest you go back to the original contract and let me bill you for the extras. Commissioner Zenobia: I don't think you have an argument with us, that • is between you and the contractor; we never had a contract with you. I would like to have us live up to the contract, if it calls for a certain thing, gut it in there. Chief Lassiter explaned how the decision for changes came about. He stated that the contract says that the Engineer has the right and the • Contractor has the right to change the materials if they are equal and agreed upon. He, stated that as far as he knew, the changes were dis- cussed between the contractor and the subcontractor; and they came to an agreement on it. Commissioner Young asked Commissioner Zenobia what his objection was to his motion. Commissioner Zenobia: I would like you to word it that the job be put in according to the original contract, original specifications. I don't think this involves Mr. Rickards at all. I have no quarrel with him, I don't know anything about the job except the way we put it out for bid. • Mr. Rickards: Well you pay:for the additions _on_ it, then you can go to the original bid. Commissioner Zenobia: I don't believe there should be any additions on it, Mr. Rickards. .We put it out for bid a certain way. • Mr. Rickards: it is a little late to find out now, when you authorized the Engineer to make these changes. Commissioner Zenobia: I beg your pardon, we haven't authorized him. • Mr. Rickards: You better read the specifications then. Commissioner Zenobia: You better read our minutes, we haven't authorized him. -15- City Manager Salvino: The specifications read the Engineer or the Contractor can substitute providing it is equal. Commissioner Grammer: With authorization from the owners, I read the contract. It is the same thing as the sewer program, you make no changes without authorization from the owner. Commissioner Young: I believe I will let my motion stand the way it is. I think in all fairness that Tony should consult with the Engineer, and I think that the City Managerts decision on it after he has made an investigation, should be final. City Manager Salvino: I would like to first call the City Commission in on a conference on it before I make.any decision. i Commissioner Grammer; I think before you make any motion, you should have the Engineer, the Building Inspector, along with our City Attorney, 0 to read the specifications and see,What you can do. Commissioner Young: I think that would go along with the investigation. Commissioner Hill: I think Mr'. Tognoli should give us what we let out specifications on, and if there are any changes, I think we should make the changes ,that are agreed to' and' pay extra for them. Commissioner Young: I will withdraw my.motion, since I dontt have a second. Commissioner Grammer stated that he felt we should call Mr. Tognoli ?� in, before they authorize, payment of any more money, to get the thing straightened out. City Manager Salvino stated that the original plan did not live up to " the City Code, and the Chief requested the changes in order to .comply with the code. Commissioner Young suggested that the City Manager call the Engineer, the Building Inspector, the Contractor, and the City Attorney together and get everything straightened out. r Mr. Heller, Lessee of the Dania Fishing Pier, stated that he needed one of the cash registers at the pier repaired or replaced. City Manager Salvino: If it is legal for us to do it, and we are re- sponsible, then do you want me to go ahead with it? Commissioner Young: if it is a part of the lease and the man is en- titled to it, then he.is entitled to it as far as I am concerned. Commissioner Zenobia: Port Laudania, that we just annexed into the City, has a new road going in there that the county is building; and they asked us if we would pass a resolution asking the county to hurry and pave that road. A motion was made by Commissioner Zenobia to instruct the City Attorney ? ' to draw up a resolution asking the county to pave Taylor Road. The' motion was seconded by Commissioner Hill, and the roll being called, <i. the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes .� There being ,(no� further business on the agenda, the meeting adjourned. -16- Frank Salvino Mary Thornhill ;:�, Mayor-Commissioner City Clerk-Auditor