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HomeMy WebLinkAbout86123 - MINUTES - City Commission ® MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD JUNE 7, 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 LESTER CULVERSON BUILDING INSPECTOR CHARLES. LINDEMAN CHIEF OF POLICE MONTIE SMITH CITY CLERK ' MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Salvino. 1. Minutes of meetings held May 17, 19,' and 24, 1965. A motion was made by Commissioner Zenobia to approve the minutes as read. 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 2. Transfer of 2 COP License: From James E. Hartman to Lorraine Hermann, Hut Bar. (Second Reading) City Clerk Thornhill informed the Commission that the license has been approved by the Chief of Police. A motion was made by Commissioner Young to accept the Chief's recom- mendation and approve the license, on second and final reading. 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 3. Ordinance: Change of zoning from R-3 to R-1, in the area adjacent to College Homesites ind College Tract. i.:.; (Second Reading- ) A motion was made by Commissioner Grammer to pass the ordinance on second reading. 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 4. Bills to be paid: Myron L. Wall Insurance Agency Final Audit Workmen's Compensation $ 5,184.84 Final Audit Comprehensive Liability 973.19 i ® A motion was made by Commissioner Young to pay the bills as presented, from Myron L. Wall Insurance Agency. 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 Goodwin, Inc. s Periodic Estimate No. '4 $ 77,982.62 Sewage Treatment Plant A motion was made by Commissioner Zenobia that the bill be paid. 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 M. B. Construction Co. Sanitary Sewer construction $ 1411,594.26 Periodic Estimate No. 4 • A motion was made by Commissioner Young to pay the bill as presented. The motion was seconded by Commissioner Hill, Gene Pelliccia, from the audience, asked why we should pay this bill when S.W. 3rd Street is a mess. City Attorney Walden answered that the contract with M. B. Construc- tion Company requires that the City pay these requisitions when ap- proved by the Consulting Engineer. He said that, in his opinion, the City has no choice if the Engineer tells them to pay it. The roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes � . Salvino Yes 5. Public Hearing: 8:15 P.M. Application of Netherton Corp for change of zoning from R-1AAA to R-3 Classification, cer- tain property in Section 35-50-42. NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida, shall conduct a public hearing at the City Hall, Dania, Florida, at 8;15 P.M. , on Monday, June 7, 1965, concerning the application of Netherton Corp. for the rezoning of the following described propert , to wit, The W' of the SW' of the SF. of the NW�, less the W • 25 feet forstreet, and less the N 30 feet and less the S 50 feet of N 80 feet for street, and the W' of the NW'-4 of the NFk of the SWk, less the W 25 for road, in Section 35, Township 50 South, Range 42 East, said lands situate, lying and being in Broward- County, Flo- rida, and comprising ten acres, more or less. (Location of property: N.E. .Second Street and Gulf- Stream Road) from R-lAA Classification ro R-3 Classification. ` -2- ® Said Public Hearing is being conducted for the purpose of considering objections for the public to the adoption of an ordinance which if adopted will provide either for the rezoning of the above property as aforesaid, or for the granting of the above variance as aforesaid. All persona objecting to the adoption of said ordinance • should appear at the aforesaid hearing to present their objections. Mayor Salvino called for objections. No objections. City Attorney Walden read the ordinance as follows: • AN ORDINANCE rezoning that portion of the W� of the SA of the SFk of the NWk less the W 25 feet for street and less the N 30 feet and less the S 50 feet of the N 80 feet for street, and. the W' of the NWk of the NF% of the SWk, less the W 25 feet for road, in Section 35, • Township 50 South, Range 42 East, from R-lAA Classifi- cation to R-3 Classification, and providing that all ordinances or parts of ordinances in conflict herewith be repealed to the extent of such conflict. Mr. Meyer, representing Mr. Arcaro, owner of Netherton Corp. , requested that the ordinance be passed on all readings .so that they could go ahead with the construction and be ready for the "selling season" . A motion was made by Commissioner Grammer to pass the ordinance on the first and second readings tonight. The motion was seconded by • Commissioner Zenobia, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill I would like to see this passed on all three readings tonight, so I am going to take a stab in the • dark and vote No Young Yes Zenobia Well it has to be on unanimous consent to pass it on three readings tonight, so I am going to vote Yes Salvino Yes • City Attorney Walden: You have to declare that motion not passed, because you do not have unanimous consent. So you will have to entertain another motion. A motion was made by Commissioner Hill to pass it on three readings. �. The motion was seconded by, Commissioner Zenobia,' and the roll being called, the Commissioners voted as follows: Grammer No Hill Yes Young r; Yes Zenobia Yes Salvino Yes City Attorney Walden: Mr. Mayor, you have to declare that one as not being passed. • Mayor Salvino declared the motion not passed. A motion was made by Commissioner Zenobia to pass the ordinance on first and second readings, with the..third'reading being on June 21. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as,follows: .., 1 , .,1 '. -3- t � e ® Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes Motion carried. 6. Edward D. O'Cleary, representing George Glass, request for Master Plumbers License. Mr. O'Cleary stated that they were not requesting a Master Plum- ber's License, as stated on the agenda, they would like to modify that and request a Restrictive Plumbe'r's License to allow Mr. Glass to accept plumbing jobs up to the value of approximately $500.00. It is my understanding that the Commission has the authority to grant this type of special license. Mr. O'Cleary went on to inform the Commission of Mr. Glass?!; background. He stated that the reason Mr. Glass failed his Master Plumbers examination was because of fail- ing eyesight. City Attorney Walden informed Mr. OtCleary that the City has the same type law concerning contractors, general contractors and electricians and others, and I just don't see how your system would work if we don't make the law apply uniformly to everyone. City Attorney Walded stated that he frankly did not know of any authority by which the City Commission could do it, unless they re- write the ordinance. City Attorney.Walden suggested that they give Mr. Glass an oral examination, he stated that he knew of nothing in the ordinance that states that the examination had to be written. Mr. Walden also suggested that the City waive the examination fee, and simply give the man the right to apply for a further examina- tion with instructions to the examining board to do<:whatdver..is necessary to accommodate his physical infirmity. A motion was made by Commissioner Young to waive the examination fee, and instruct the Examining Board to do whatever is necessary to ac- commodate Mr. Glass? physical infirmity. 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 ' 7. Application for Taxicab_ License. John H. Thompson, Jack's Cab Service. Mayor Salvino asked Chief Smith if he checked into the above appli- cation. Chief Smith answered no, that he hasntt had a chance to check it. A motion was made by Commissioner Young to table the application. 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 B. Application for Taxicab and Rental Car License. Lucien Casavant at Louts Atlantic Service Station, 1 S. Fed. Hwy. "t. r ® Chief Smith: He is alright, however, I think those are two separate licenses aren't they. . .the rental car license and the taxi license? Chief Smith stated that he hasn't checked insurance on the rental car thing, he doesn't know how many cars he owns, he just checked the man out morally and as far as the criminal aspects of him. • A motion was made by Commissioner Zenobia to table the application until the next meeting. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes ® Young Yes Zenobia Yas Salvino . Yes 9. Joseph D. Thornton, request for Agricultural,Zoning for area known as Thornton's Nursery. • City Attorney Walden: We do not have an existing classification known as Agricultural Classification, so what you would have to do is amend the overall zoning ordinance to adopt a new classification simply known as Agricultural Zoning, which would not necessarily apply to Thornton's property. I would suggest you simply refer the • general subject of it to the zoning board. A motion was made by Commissioner Young to refer the matter to the zoning board for study and recommendation. 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 10. Correspondence: City Clerk Thornhill read a letter as follows: If The Honorable Frank Salvino: . Dear Mayor Salvino: Enclosed is a certified copy of a resolution of the County Commission reappointing J. Herbert Burke and Frank C. Adler as members of the Fort Lauderdale-Hollywood International Airport Joint Zoning Board for a term of two years ending December 31, 1967. Our records reflect that the representatives of your city last appointed to this board were the Honorable Joseph D. Thornton and the Honorable H.; E. McCombs, whose term of office was not specified. Since the several city commis- sions serve for only two years, it is recommended that each body represented on this board appoint their representatives for a definite term of two years. . , We should appreciate receiving a copy. of your resolution appointing two representatives to this board at the earliest convenient time. The policy in the past has been to appoint commissioners to this board. Sincerely, T. Minton Baughman, Assistant County Attorney " No action. City Clerk Thornhill read a letter as follows: " The Honorable Frank Salvino` Dear Sirs: We are in receipt of a letter dated May 28th, from Mr. Carney in connection with the planting of the palm trees along Federal Highway. We, are all in accordance with the temporary delay, due to excessive dry weather. "` When you find conditions favorable to plant and buy the ® trees, please be advised you can contact Mrs. Samuel Blackwelder, our Treasurer, at 224 S.W. Sth Street, Dania. She will reciprocate immediately with $300 to match the City's $300, as we have done in the past. It has been allowed in our budget and approved by the Board, so there will be no delay. We are pleased that you have a City Park Superintendant to continue the work of the beautification of our City. Our Club would like to co-operate with you in any way we can, and wish to thank you for past favors. Our aim is to make our City beautiful. Sincerely, Mrs. Frederick Hartman, Pres. • Mrs. B. C. Aldridge, Corres. .Sec. " City Clerk Thornhill read a letter as follows. " Mr. Lester Culverson Dear Les: Your Chamber Board of Directors have been working out the details for this year's Fourth of July Celebration at Dania Beach, which will be held on Saturday, July 3rd. The Chairman this year is Mayor Frank Salvino. Each year the number of spectators has increased and we • would like to have permission to shoot the fireworks from the end of the pier. That would make it possible for all the spectators to see the fireworks. In past years the financial problems encountered in this promotion have been partially solved due to the donations received from the spectators for parking privileges. We « respectfully request that we again be allowed to ask for parking donations. .The Dania Optimist Club will handle this and take care of the. "hooding"' of the meters for one day. The Midway would be the same as we have had in the past. Booths to be operated by the various Service Clubs. There will be Kiddy Rides only. The insurance.,Qoverage will be taken care of. Our committee Will be happy to .meet with you and the City Commission at your convenience. Sincerely, William A. Maffie, Executive Manager " . A motion was made by Commissioner, Zenobia to allow the Chamber of Commerce to hood the meters and to shoot fireworks off the pier providing they have,the insurance. The motion was seconded by Commissioner Hill. Chief Smith: I would like to request that nobody except Mr. Salvino, and whoever is going to help him, goes past the ad- mission gate at the pier. The roll being called, the' Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes City Clerk Thornhill read a letter .as follows' City Manager Dear Sir: Due to recent and present sewer excavation in front of our buildings which face Dania Beach Boulevard, our driveway is sinking and breaking up into cracks and so •forth. Also, the sidewalk by our porches is sinking away from the steps themselves. (Continued) -64 0 O Mr. Luther Sparkman examined this damage today and so is a witness to the sinking condition. I shall expect the City or those responsible to repair my driveway and put it back to its former condition. I would appreciate it if someone in authority would extend me the courtesy of a personal inspection and explain the action I must take to obtain a just settlement. Yours very truly, C. E. LaFever " Commissioner Young: Refer it to the City Manager for his attention, I would assume. City Clerk Thornhill read a letter as• follows: " City Clerk: '- Would you please send us a copy of the minutes taken at the Council Meeting held on May 17, 1965? And please submit your bill for same. " /s/ M.B. Construction Company " City Clerk Thornhill: I would like to have your permission to furnish them with a copy of the minutes. • Commissioner Hill: So moved. Commissioner Young: I don't believe that takes a motion. City Clerk Thornhill: I received a call last week, Mr. Mayor, from the Big Chief, Inc. , Fort Lauderdale, I think it was in April . of last year when we were demolishing old houses and things around the City. They were instructed to demolish a building at 246 S.W. 7th Street, the DANIA HEIGHTS EXTENTION SUBDIVISION, for the cost of $205.00. They said .they have. never been paid .for this. I won- der, Mr. Walden, if you can enlighten us any on this? City Attorney Walden: As I remember that was the one where the Commission, at the time, wanted it demolished. I think there were a great number of complaints. There was an estate involved, and their attorney made a number of promises about re-imbursing the City if the City would go ahead and do the demolition. So the City did, and while the attorney has been slow in the re-imburse- ment, I think the City is obligated to pay Big Chief. Cdmmissioner Young: Well I think if we are obligated to pay Big Chief, we are obligated to put a lien on the property too. Commissioner Grammer: Well, I think before we do either one, let's get another letter to these people, give them another chance, and tell them that if we pay it we are going to lien the property. City Clerk Thornhill: At the last meeting one of the Commissioners asked to have this letter read again: "Mr. Lester Culverson, City Manager Dear Mr. Culverson: In response to the request of the City Commission we are pleased to make a proposal to make an audit of the Financial Records of the City of Dania for the fiscal year ending Aug- ust 31, 1965. The audit would be made in accordance with generally accepted auditing standards and would result in a certified financial report. Said Financial Report would be prepared to the great- est extent practicable in accordance with the recommendations of the National Committee on governmental accounting of the municipal finance office association of the United States and Canada. In addition we will make such recommendations to the proper City Officials as we find necessary in respect to the improve- ment of the City's system of accounting and internal controls. %,•i ; -7- ® The audit would be performed on a continuing basis in that interrum audit procedures would be performed at various times during the Cityts fiscal year as iiell as after the close of such year. We will be available for consultation at all times. The code of professional ethics prohibits a certified public accountant from making a competitive bid for any professional engagement. Accordingly we are unable to establish a fixed fee for this proposed audit. Our fee will be based upon our usual per diem rates which vary from $7.50 to $10.00 per hour for time spent by members of our staff. • The time required for such an engagement is undetermin- able as it will vary with the adequacy of the system of internal control, the conditionlof the accounting records, the extent and nature of any exceptions found, and the ex- tent to which City Employees are able to provide assistance to the auditors. The time required for the first year of the audit will be somewhat more than would be required in succeeding years due to the fact that the first year would necessitate examination of certain prior year's records, the construc- tion of continuing audit working papers, and general sur- veys of the City's general financial history, and current • accounting system. We estimate that an annual audit of the City of Dania on itts .present scope of operations would require an average of approximately 350 hours per year, or $3,000 with the fee possibly running somewhat higher in the initial year and somewhat lower in subsequent years. • Services required by the City in addition to the annual audit would be subject to fees based upon the same per diem rates quoted above. Thank you for the,opportunity of making this proposal. Please call upon us if you have any questions. Very truly yours, Lindfors Waite & Co. , • John F. Freeman, Jr. " City Clerk Mary Thornhill: And there is also a letter from Rodgers b Price: " City Manager, Mayor, and Board of Commissioners: Gentlemen: In order to plan our work schedule and be able to give you advice and help during the ensuing year we are pleased to submit to you a fee proposal for the audit of the various City funds for the year ending August 31, 1965. Our exam- ination will be made in accordance with general accepted municipal auditing standards. The fee for our services shall be at our usual per diem rates. But we feel this examination can be accomplished not in excess of $1;4001 for the Water Department and $2,000 for the City books. We will be pleased to discuss this further if you so de- sire. If the above proposal meets with your approval please sign a copy of this letter and return it to us. Your consideration of our firm is greatly appreciated. Very truly yours, Rodgers & Price " A motion was made by Commissioner Zenobia'to employ Lindfors 6 Waite as accountants. 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 Motion Carried. 0 City Clerk Thornhill read a letter as follows: " About one month ago I purchased a 1959 Harley-Davidson motorcycle from-a Bill Bouchard, an officer with the Sheriff Ts Department. Bill informed me that you were interested in purchasing this machine for your depart- ® ment• This motorcycle, as you may recall, was owned by a member of the Shriner's, and therefore was used as a parade machine. For this reason, this motorcycle has a siren, flashing red lights, and is otherwise complete- ly 'equipped in regards to crash bars, saddle bags, and • so forth. This motorcycle is in every way perfect and has 9284 original miles plus new tires. Since purchasing this machine I have found it to be too large for local use around town and is ideal for the open road, but some- thing I have no time for. • The machine is presently in the newspaper for $850.00. I am firm at that price as there is some $2,400 dnvested and this vehicle is well worth $850.00. Should you be interested in purchasing this motorcycle for your department you mpy contact me at either 523-6986 or 566-0292 at the office. • Respectfully yours, David J. Martindale It City Attorney Walden advised that the City cannot purchase anything over $500 without advertising for bids, excepting in the case of an emergency. A motion was made by Commissioner Grammer to accept the City Manageits recommendation and buy the motorcycle for $850.00. The motion was seconded by Commissioner Zenobia, and the roll. being called, the Commissioners voted as follows: Grammer Yes • Hill No Young No Zenobia Yes Salvino Yes Motion carried. • City Attorney Walden: At a meeting, I think`2 meetings ago,. in general terms the City Manager and I were directed to work together in advertising the fishing pier for lease. I put an ad in the paper this past Friday calling for, bids on June 21st. While I had no de- tailed instructions, I was under the impression that the Commission wanted the successful bidder to have the right to participate or keep the pier admissions, and that what the bidder will be bidding on is some percentage of the pier admission; they would keep a certain percentage and turn the rest over to the City. I gather . that that was not correct, and the majority of the Commission would prefer a flat rental fee. If so, that is alright. But you will have to sort of instruct me what to do on it. And I think I will have'to withdraw the ad from the 21st and put; it at a later date, July 5th. What you need to do •is first decide the time, do you want 3 years, 5 years, 1 year? I gather that you want the bidder to have the right to operate and keep the revenue from the Tackle Shop and be solely responsible for the entire pier phase of it, e with the exception of the restaurant.- I gather that .we will have to ask the bidder to agree to pay for the wholesale cost of the existing inventory of the Tackle Shop. I would suggest that you let the tenant pay for the Electric utility and the Water utility. And that he pay for the taxes assessed against the property: I would like to know from the Commission how long a lease they are talking about; if it is a flat amount to be paid monthly, yearly, or how; do you want any guaranteed minimum? a. ® City. Attorney Walden suggested that he withdraw the advertisement from the paper on the June 21st meeting, work one up and bring it back, bids to be received on July 19, 1965. Attorney Walden also suggested that the Commission retain control of the rates or charges connected with the pier. • Commissioner Zenobia: I have one thing to bring up. We have had a •lot of complaints about muck being thrown in the sewers. We ordered some test borings made on different ,sites that people have complained about. One site is on N.E. Second Avenue, 150 feet W of N.E. 2nd Avenue on N.E. 3rd Street: It came out with"tan brown 'medium silica sand and limerock". 'Another one was 100 feet • W of 2nd Avenue on S.E. 15th Street: "Brown medium silica sand with some limerock 'and brown 'medium fine silica sand" . Another one of S.E. 14th Street, it reads. the same. , The one 150 feet S of N.E. 3rd Street on N.E. 2nd Avenue: "Brown medium to fine silica sand with some limerock and oroanic material;• but all the blows come out perfect. Another one-50 feet S' of S.E. 3rd Place • on 2nd Avenue: "Brown medium.fine silica sand with some marl and silica sand and marlP, all the blows .come out perfect. It was one of the highest tests there was. We had one failure, that is the one that Commissioner.Grammer and I ran across one afternoon, that was down by the Mayor's house on S.E. - 2nd Avenue.;,.xlt had dark brown muck in it. And the blows were very low. But every other place • that was complained about came out perfect. We have informed the Engineer and the contractor about it; and I am sure it will be taken out before the job is done. There being no further business on the agenda, the meeting adjourned. • Mary Fhornhill City Clerk-Auditor • qnaNP Aa �,; �o Frank Salvino Mayor-Commissioner • • -10- • y;