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HomeMy WebLinkAbout86130 - MINUTES - City Commission MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, ® FLORIDA, HELD MAY 3, 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 A 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. • 2. Roll Call. 3. Minutes of meeting held April 6, 19, 1965. Commissioner Hill: Well Mayor, I can't say anything about the April 6th meeting, because I don't have a copy of those. Do you • have those Mr. Grammer? Commissioner Grammer: I don't have my copy with me. Commissioner Zenobia: I move the minutes of the 19th be approved. ?' I don't have the 6th either. A motion was made by Commissioner Zenobia to. approve the minutes of the April 19th meeting. 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: Requiring all city employees and candidates for the City Commission to be fingerprinted and photographed. (Second Reading) _ City Attorney Walden: Before I read this ordinance on second reading, I would like •to say I think very clearly the City can set the regula- tions and standards for all employees, including department heads, but I don't think you can force City Commissioners to be fingerprinted, for the reason the Charter is very specific as to the various quali- fications of a Commissioner or a .candidate for the Commission. I don't think we can add anything to. that.'- I have it put in this pro- posed ordinance though. It is a provision which in effect would make Commissioners have the right voluntarily to be fingerprinted. Let me read it to you. .,. BE ORDAINED by the City Commission of the City of Dania, Florida: (1) That only persons of good moral character, who are not less than 21 years of age, shall be employed by City of Dania. (2) No person shall be employed by City of Dania, Florida, who has been convicted in the past 5_years of any offense against the beverage laws of the State of Florida of the United States, or any other state, or who has been convicted within the past 5 years in the State of Florida', or any. other state in the United States, of any offense involving prostitution, gambling, keeping a disorderly place, or illegally dealing in narcotics, or who has been convicted within the 'past 15 years of any felony in the State of Florida, or who has been convicted in any other State of • 0 ® The United States of any offense designated as a felony by such State of the United States. The term and conviction shall .include an adjudication of guilt or a plea of guilty, or nolo contendere, or the posting of a bond when charged with a crime. . (3) Prior to any applicant being approved for employment by the City of Dania, Florida, the applicant shall file a set of finger- prints on regular United States Department of Justice forms for himself" and shall also file a photograph of such size and type as may be required by the City Commission. (4) Within 90 days after the effective date of this ordinance, all present employees of the City of Dania, Florida, shall submit fingerprints and photographs of the aforesaid when requested to do • so by the City Commission in writing, and .thereafter all presently employees of the City of Dania "shall 'be governed by the provisions of this ordinance. As used herein, the reference to employees shall also include department heads. (5) The provisions of this ordinance shall not apply to members of the City Commission or candidates for office of the City Commission; • however, any City Commissioner and any candidate to the office of City Commissioner, may voluntarily submit his Fingerprints as afore- said, and may direct in writing to file with the City Commission at a regular City Commission meeting any facts disclosed by such finger- prints as to the background of past records of a particular Commis- sioner or candidate. The provisions of this section regarding Com- • missioners are optional, and shall not be mandatory. A motion was made by Commissioner Hill 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 5 . Bill from Goodwin, Inc. - Estimate # 3 - $59,279.25 (Construction of 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 6. Report from City Manager Culverson: City Manager Culverson: Philpott, Ross E Saarinen: Engineering services on sanitary sewage in accordance with contract dated July 7, 1958, for items 91 10, 113 14 and 15. y Total Balance due this date: $ 2,513.79 I recommend it be paid. A motion was made by Commissioner Young'to accept the City Managers recommendation for the payment of 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 -2- e • • ® City Manager Culverson read a letter as follows: If Re: Sanitary Sewage System, M. B. Construction Co. Dear Mr. Culverson: We are enclosing herewith approved periodic checks made e for payment #3 of M.B. Construction Company, for prepar- ation of proper requisition farms. Yours very truly, Philpott, Ross F, Saarinen " The cost is $128,038.11. I recommend it be paid. A motion was made by Commissioner Young for the payment of the ® bill. 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 City Manager Culverson read as follows: " Lauderdale Abstract & Title Company, # 198652. The W 100' of the S 131.6' of the E� of the Sa of the SW' of .the NWT of Section 35, Township 50 S. , Range 42 E, less the S 25' for road right-of-way. Continuation of abstract for title. $27.50 Clarke Walden " e I recommend it be paid. A motion was made by-Commissioner Young for the payment of the bill. The motion was seconded by Commissioner Zenobia. Commissioner Zenobia: What is it for? City Manager Culverson: Eleanor LaFever, the abstract for the piece of land. The roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes City Manager Culverson read as follows: "Florida Testing 6 Engineering Co. $, 5.00 Lab test 4133, one lime rock test, report 7, Lab 8752: $12.50 Density Report 8, Lab 8771, 8772, 8773: 3.7--'.50 Cylinder Report (2) $2.50: 5.00 , Cylinder Report (3) $2.50: $ 7.50 TOTAL AMOUNT 67.50 I recommend that it be paid. A motion was made by Commissioner Grammer that the bill be paid. 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 . ti, . s � ® City Manager Culverson read as follows: "Attn: Mrs. Mary Thornhill, City Clerk-Auditor. Re: Our file No. M-1444-W, M-1856-4, RE-531-W, and' RE-547-W, all related to easements or various phases of the Sanitary Sewer Project. Total amount due: $ 163.10 " I recommend they,be paid. 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: 0 Grammer Yes Hill Yes Young YeS Zenobia Yes Salvino Yes 0 City Manager Culverson read as:,follows: "Dear Mr. Culverson: Just a short note to express our',appreciation and pleasure in being awarded the City of Dania insurance program. I would greatly appreciate, it if you would convey my enthusiastic thanks to the Mayor and City Council. I look forward to meeting with you Friday and signing up your fine employees. Kindest personal regards, . Sincerely, John F`. Havenner, Home Office Repre- sentative, Aetna Insurance Company. " City Manager Culverson: ' That's all I have. 7. Report from City Attorney Walden: City Attorney Walden: I have nothing. 9. Correspondence: City Clerk Thornhill: We don't have `any correspondence, but we have a petition presented today. City Attorney Walden: It is a petition presented to the City Commis- sion that says: "The undersigned citizens and taxpayers of the City of Dania do hereby petition the City Commission of the City of Dania to take the proper action to suppress the loud noises and distur- bances that exist far into the night at the Cotton Club, which is located at the SW corner of SW 1st Street and SW 7th Avenue in the City of Dania. The above mentioned liquor store and lounge is located so that these noises and disturbances annoy the residents who live in the area which surrounds this bar and lounge. Thank you for your co-operation." There are perhaps 26 signatures on this petition. Commissioner Young: Have the signatures been checked out for auth- enticity? City Clerk Thornhill: No, I didn't check them Mr. Young. It was in the office when I got back this afternoon, and they asked that it be put on the agenda for tonight. Mayor Salvino: Chief will you check into this? P: Chief Smith: Yes, your honor. a -4- ® Mayor Salvino: We will refer it to the Chief:;. Bob Pazovia, representative for the Betterment Association: As you probably know we made a survey of the area and came up with around 1,200 cards, from the .Citizens of Dania. So far our tabulations have been 7 to 1 against a 4 year term for Commissioners; the Mayor to run at large has been approximately even, although it is favored a little, bit against; for local registration books at the Court House, we came approximately 2 `to l against; to provide for absentee ballots 4 to 1 for; for department heads being entitled to a public hearing, approximately 7 to 1 for. ,I would like to know what other action we would have to take in order to try to stop this going to Tallahassee. • City Attorney Walden: The decision is up to the State Legislature. I would suggest you present it to the local delegation. Bob Pazovia: I was told by some of the members of .this Commission that if it was not favorable, they would see to it.that it came to a halt. Commissioner Zenobia: I will tell you my feeling on it. Naturally I said I am in favor of these items, and I still am. I will go by the will of the people. I don't feel so far you have the will of the people with 1200 cards. A motion was made by Commissioner Zenobia that this be put on a refer- endum on the coming election, so we can find out what the people do want. City Attorney Walden: It is too late to pass a special act where the legislature passes a detailed referendum on all of these points. The Commission at any time can have, what I call an advisory referendum vote where you simply solicit the vote of the people to find out if the majority favors something. If they do, then you can go ahead or you can frankly not go ahead. But right at this late date, I don't think a special act could be written, which by legislation, would rauthorize the City to conduct an informal official referendum vote. Commissioner Zenobia: Well I will be willing to by the decision of the voters. If they say they don't want it, that's the way I would go. Commissioner Grammer, on the question of the registration books being at the Court Housb only, stated .that he didn't think it was fair the way that question was put. Those books come to Dania where the peo- pie can sign up and register. That says Court House only, so maybe the people think that they have to go all the way to the court house to register to vote in Dania, which is not true. Truthfully, I would be against that myself. City Attorney Walden: Let me suggest you don't even discuss that, because you don't have to do that by charter change; also the absentee ballots. That is done by ordinance, if the Commission wants to do it, they can do it. 8. Bids: Purchase of a Governmental Accounting Machine (8:30 P.M.) A motion was made by Commissioner Young that the bids be closed. 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 lam —� ® The motion was seconded by Commissioner Grammer. Commissioner Young stated that he didn't feel that this should be placed on the ballot this fall unless they would have the indica- tion that it is the people's desire to place it on the ballot. He stated that 1200 votes are a lot of people. • City Attorney Walden stated that this was an independant statement that he was making, but the present charter was established in 1949) which was before his time; but in his opinion it has served the City well, and he felt that it was by and large an excellent charter. It had been amended over the years something like 20 times, and some of • those amendments were simply annexation amendments. But we are get- ting to the point now where the charter, as a piece of paper, is some- what cumbersome. He suggested that a charter revision committee be appointed, to present a completely new charter to the legislature. He suggested that this committee ought to spend a year or so going through the charter, recommending changes, and toward the end of it's • term hold public hearings, so that everyone who has anything to say pro or con about the proposed changes can be heard. Bernard O1Connor, from the audience, stated that he thought Attorney Walden had a very good idea, but he would like to see a compromise. He wanted to see this charter change withdrawn at this time and have • it this fall in a referendum along with the charter study. Mr. Boisey Waiters stated that he felt the City Attorney had the best answer. He felt that the whole city would benefit by revising the entire charter. • Commissioner Grammer stated that he would hate to see them drop the charter change in reference to a public hearing for department heads. Mr. MacMillan from the audience asked if Civil Service wouldn't take care of that. • Commissioner Grammer answered that at the present time we don't even have Civil Service drawn up, and it is not even certain whether the Department Heads would be under Civil Service or not. Chief Smith stated that he felt that this poll did support the de- partment heads in having a public hearing. He would also hate to + see that excluded from the charter changes. Mr. Sinclair, 218 N.W. 1st Ave. , stated that he felt the department heads had a legitimate case, and.he agreed that they should have an opportunity for public hearing; but he felt that it wouldn't do any good since when Mr. Neff was fired, the room was full, the majority of the people were clapping in favor of keeping Mr. Neff, but he was still fired. Commissioner Grammer stated that Mr: Neff wasn't even here long enough to have a public hearing. He was only here a month, and he was put here on a trial basis. Mr. Eager, 2nd Avenue, asked if the City Manager is a resident of Dania yet. Commissioner Hill stated that this question was out of order, we are speaking of charter changes, and Mr. Eager wasn't' speaking of Charter changes. Let us get through with this other, subject before you bring up this "nit picking" . Chief Smith informed Mr. Eager that he was rapped out of order by the Mayor, and requested the Mr. Eager please take his seat. City Clerk Thornhill stated that there was a motion on the floor. Mayor Salvino asked for any more discussion on the motion. City Clerk Thornhill: The motion was to put it to a referrendum • on the charter changes. Commissioner Zenobia stated that his motion was for a four-year term and for the Mayor to run at large. Commissioner Hill: Before we vote on this, I have one little • thing I would like to say. I think the idea of this four-year term, or my idea was to begin with, to eliminate our City from being turned upsidedown every time we have an election, which occurs every year. Now I don't think the Commissioners have any idea of trying to put anything over on the people. The idea was to try to eliminate our town from being upset, our programs • from being delayed. You all saw what happened this past year, our program was delayed three, four, maybe five months. Every year that happens and we get about five to six good working months out of every year. That was my idea of the four-year term. Now I do think conscientiously that these people have worked on this poll. If that many people have spoken, if that many people of the majority • want to take the chance of having our town upset every year like that I am here representing the people. My personal opinion is I think the four-year term is good because I think it would give us a chance to complete programs without being upset. But if the majority of the people don't want that, if they want to take the chance of the town being upset, maybe it .won't happen, 'but it has happened for quite a • number of years since I have taken an interest in politics, but never- theless, if that is what the people want, I am representing the people, I will go for any of these changes; and let's just forget this four- year term for Commissioners: If.that `is what the people want, I say. forget it. I still think it is good, but if the people don't want it let's don't give it to the people. City Attorney Walden: I suggest the motion be that you withdraw the four-year term and the mayor running at large from our recommendations to the delegation, and confirm them to go ahead with the rest of them. If you wish later you can set the date, up on the referendum. • City Clerk Thornhill: Do you want to make the motion and second that wad: Commissioner Zenobia: That's nothing like I made my motion. City Attorney Walden: I don't know wheg you-want your, referendum, for example. Commissioner Zenobia: I would like it to begin this next election. I will concede.:a point on it. I'll say go ahead and take it out of this years legislative proposals, but put it on a referendum this year to see what the people really want. Commissioner Young: Well then that puts a different:: light on it. Commissioner Zenobia: I'll make my motion that way. Commissioner Young: How about checking with your second over there • to see if he is agreeable. City Clerk Thornhill: That is to withdraw the four-year term and the . mayor running at large. . . Commissioner Zenobia: In the legislature proposals this year and put • it on a referendum ballot in the upcoming general election. City Attorney Walden: If you don't mind, I would like to ask that you make them separately. The one motion to withdraw these two items from the recommended charter changes. Commissioner Zenobia: So moved. -7- �ai:; r'' r e ® The roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes A motion was made by Commissioner Zenobia to have a resolution drawn up and adopted to put the four-year term for commissioners and the Mayor to run at large on-a referendum ballot in the up- coming November election. 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 8. Bids: Purchase of a governmental Accounting Machine. A motion was made by Commissioner Grammer that the bids be opened. 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 City Manager Culverson read the bids as follows: BURROUGHS CORPORATION 1 F-6303 Governmental Accounting Machine $ 5,124.40 NATIONAL CASH REGISTER $ 5,095.00 . A motion was made by Commissioner Young to refer these items to the City Manager for tabulation and recommendation. 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 A motion was made by Commissioner Hill to hire Walter Hough to be a fireman in the City of Dania, and to hold the regular fire- man position. The motion was seconded by Commissioner Young. Commissioner Zenobia: I would like to ,ask the Fire Chief if he recommends this man be hired. Fire Chief Lassiter: Yes sir, I recommend that he be hired. The roll being called, the Commissioners voted as follows: Grammer Pdss Hill Yes Young Yes Zenobia Yes Salvino Yes ® Commissioner Zenobia: , For the benefit of those in the audience, this is the only department, under our Charter, that the City Commission hires men. I know you are all wondering why we are making a motion to hire him. Commissioner Zenobia: At the last meeting Mr. Houston stated that there was some muck put in the street, or the excavation rather, on the sewer project on S.E. 2nd Avenue between 3rd Place and 4th Street. I requested at the time that we have a test made of that particular section. And Mr. Culverson gave me the results-of the test. It is quite lengthy, but it says here "material suitable for sub-grade", location 651 N, manhold ,number 221, S.E. 2nd Avenue. That is one report on it. There is another report here that says "test No. 8777, 841 N, manhole number 221, 4" west of centerline, S.E. 2nd Avenue, 751 N of manhole number 226, 2' west of centerline, S.E. 2nd Avenue - 6 inches below subgrade was tested and all above tests comply with specifications. Commissioner Zenobia: I would like an opinion from our Attorney on Sec. 17-22 Code of Ordinances, whether it can be enforced or not. City Attorney Walden: Section 17-22 concerns revocation of beverage licenses if the operator breaches the peace or violates various bev- erage laws. This particular ordinance was copied verbatim according to the footnote in it, from Chapter 561.29 of the Florida Statutes, which is the statute giving the State Beverage Department the right to revoke beverage licenses of known violations. I don't think this license in itself gives the City any authority to control beverage licenses. It is my understanding of the law that the only thing the City can do is control hours of closing, zoning,. and sanitary matters. You may recall a year or so ago when, let me say I have been asked for an opinion on this ordinance before. The City of Hallandale had some trouble with some businesses dispensing alcoholic beverages. And in Hallandale they have a Cabaret License, which is much like our own Nightclub License. The Circuit Court did say in that particular case that the City could revoke the extra hours license, but they could not take away the regular closing license. So I don't think, having this license, even though it is in the book, you can do much with it. Mayor Salvino: I would like to ask the City Manager if we can do without the outside man: City Manager Culverson: No, I don't think we can, if you want my honest opinion, Mayor. He is very essential to the outside. This town is growing up. It is up to the Commission what they want to do on it, as far as that is concerned, but I think he is very essential. While we are doing a tremendous amount of paper work in the office at the present time, he is out taking care of all the streets, and I would say at the present time he is quite essential. Commissioner Grammer: Well I am going to have to kind of agree with the Mayor on this; as far as I can see in the City, we are getting no more work done than we had in the past. We haventt had to cut a lot of grass in the last two or three months on account of the rain. But if we had, we would be just as far behind with grass cutting because we seem to be busy doing other things. . I have noticed the ,man, not meaning any disrespect to the man, but we have one employee that I know has worked for the City for 15 or 20 years in our Water Depart- ment. I noticed that,;one day he was putting .in a water main or meter, but there was two men standing watching him and our foreman was stand-' ing watching him, and this man has been working for the City 15 or 20 years putting in all our water meters. I don't feel that this employee needs three men standing over him watching him do it. And I have seen this on more than one occasion. So I don't personally feel that the City can afford this $5,200 a year salary, and I presume the City is buying gas for his automobile, and probably keeping his car in mech- anical condition to operate, which I would say over the year would probably run around $6,000. I •would like to make a motion at this time that we do away with the outside man. g Mayor Salvino: Do I hear a second on the motion? . Commissioner Zenobia: I would like to get a report from our City Manager at our next meeting on this before we go any farther. ' Commissioner Young: Yes, I believe I would too. • A motion was made by Commissioner Hill that this be tabled. Commissioner Young: Well, he doesn't have a second. Mayor Salvino: Motion declared dead. Do I hear a motion to • adjourn? Commissioner Young: So moved. There being no further business on the agenda, the meeting adjourned. • • Mary ornhill City Clerk-Auditor Frank Salvino Mayor-Commissioner • -10- ti7.