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HomeMy WebLinkAbout86110 - MINUTES - City Commission ® MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA) HELD SEPTEMBER..30, '1965. The City Commission of the City of Dania, Florida, met in Special Session in the Commission Room at the City Hall. 0 Present- were: MAYOR-COMMISSIONER FRANK SALVINO COMMISSIONERS' ROBERT GRAMMER VERA HILL S. ELLIS YOUNG': CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN 0 CITY MANAGER TONY SALVINO CHIEF OF POLICE MONTIE SMITH CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 A.M. by Mayor Salvino. 0 The purpose of the meeting is to award the leasing of the Fish- ing Pier, for the month of October, 1965. A motion was made by Commissioner Young that a resolution be drawn and passed entering into a Lease Agreement with Phil Heller, to operate the Dania Fishing Pier, for the month of 0 October, 1965. The motion was seconded by Commissioner Grammer, Commissioner Hill asked, in the lease it states that the Lessee will make all minor repairs. She asked what constitutes a "minor repair" . • It was suggested that that should be up to the City Attorney to decide. Commissioner Zenobia asked if it could be included in the lease that the City would have the use of the Pier for fire works each 4th of July. 0 Mr. Heller stated that it could be included. The roll being called, the Commissioners voted as follows: Grammer Yes 0 Hill Yes Young Yes Zenobia Yes Salvino Yes A motion was made by Commissioner Zenobia to return the CashieiTs i0 Checks to the unsuccessful bidders. The motion was seconded by Commissioner Hill, and the roll being called, tthe Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes City Attorney Walden stated that the City Manager had asked him whether it would be proper to pave the street ends under the Sewer Program; and he (Attorney Walden) advised him that it would be proper. Attorney Walden stated that he wrote the City Manager a letter to that effect; he then read the letter.' Attorney Walden stated in his letter that he consulted Mr. Philpott, and Mr. Philpott advises reworking and repaving the ends as a part 0. of the over-all sewer project as is common in sewer. projects with ;. other cities; he also states that a change order should be authorized, is and Attorney Walden suggested that the Commission have Mr. Philpott prepare the change order. • Attorney Walden further stated that he didn't think that the contract, however, allowed paving. It is legal under the over-all Sewer Program to also include streets in that, and street ends; but, the way the contract is written, he has doubts as to whether they can add on street ends. He stated that they would have to negotiate a new con- tract with Mr. Mears, and that violates the Charter in that they • cannot let contracts without competitive bids. City Attorney Walden suggested that the City not authorize a change order. Commissioner Hill stated that she believed the Commission authorized that with. the City Attorneys approval. • City Manager Salvino stated that he asked Mr. Walden, previous to the last meeting if it was legal, and Mr. Walden advised him that it was; and that the Commission, at the last meeting,, authorized Mr. Philpott to issue the Change Order, which he did; he (City.Manager' Salvino) also authorized Mr. Mears to go ahead with the work, and yesterday or the day before, when he (City Manager Salvino) found.out that it • may not be legal, he asked Mr. Mears to cut out the street ends, and go back to his normal work until such time as this is settled. City Attorney Walden stated that he will take full responsibility; because he was asked by the Commission individually if it was pos- sible to pave street ends in the Sewer Program. He stated that it • was possible under the Sewer Program, but he should have examined the contract also before answering. . He has just recently examined it, and he did not think that they could add the work on it. So, if an error was made it ought to be stopped. Mr. Philpott explained that he felt -that, .under the sewer program, ' • the Commission has the right to do anything they wish to do; and the only thing that he knew of that. might stand in the way is whether or not, under this contract; the Commission can negotiate with the contractor for his work. He stated that Mr. Walden would have to answer that. But, in every other respect, he could see no reason why the Commission could not do whatever they wanted to do. • Attorney Walden stated that, in his opinion, it was not an item that the contractors bid on. Commissioner Zenobia stated that he, frankly, couldn't see how they could have two different contractors working on the streets, "you • are going to have a patch job from one end of this city to the other'; . unless it is done all at the same time" . A motion was,made by Commissioner Hill to pass a resolution to ad- vertise for bids for paving street ends, and do it legally. • Mr. Mears interrupted Commissioner Hill and stated that, "before you go too far, I have a signed work order here that states for hie to do the work". He suggested that they talk it over a little bit. City Attorney Walden stated to Mr. Mears that the City can issue a change order and then revoke it, and Mr. Mears would be paid for just ;• what he has done to date. He further stated that, it has been his understanding that the Change Orders would be authorized by the Commission, be written up, and then brought back to the Commission. City Attorney Walden suggested that t1amotion be made authorizing the City Manager and Engineer to rescind the Change Order that has been signed. Commissioner Hill stated that she would withdraw her first motion, and make that motion, to rescind the change order. The motion was seconded by Commissioner Young. , and the roll being called, the Commissioners voted as follows: Grammer No Hill Yes ' Young Yes Zenobia No Salvino Yes .` • .. -n .YJ . 7t • City Attorney Walden stated that he is often asked can the City do this or that, and he will say yes or no; but it is implied that if you have to advertise, you have got to advertise, you will follow every require- ment of the Charter. Therefore he was taking full responsibility, but the next time someone asks him something, he will review every step that has to be taken, and that sort of thing. He further suggested • that on special meetings, they put down what the meeting is called for; and if there are any more change orders, that the Commission should approve them after they are written up, then they won't have these problems. A motion was made by Commissioner Hill to authorize the Engineer to • draw up spedifications, and at the next meeting to advertise for bids. 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 There being no further business on the agenda, the meeting adjourned. • • MaryPThornhill City Clerk-Auditor // rr e • � QyC.Gt�n�-D Frank Salvino Mayor-Commissioner. • -3-