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HomeMy WebLinkAbout86131 - MINUTES - City Commission MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD APRIL 27, 1965. The City Commission of the City of Dania, Florida, met in u Special 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 7:15 P.M. by Mayor Salvino. Mayor Salvino: The purpose of this meeting is regarding Civil Service. Commissioner Young: This is supposed to be a. . . . Mayor Salvino: Regular meeting. . .special meeting. Commissioner Young: No, I mean wasn't it supposed to be a. . . Commissioner Zenobia: A joint meeting with the Board. Mayor Salvino: A joint meeting with the Board, that's right. Commissioner Young: Are they all here? Yes, they are all present. Mayor Salvino: You are the president, aren't you Charlie? Charles DiMuzzio: Chairman. Mayor Salvino: Chairman, rather. Is everything in order? For Civil Service? Charles DiMuzzio: I understood this meeting to be a round-table discussion, with the Commissioners and the Attorney, and the City Manager. I didn't know it was an open discussion before the public or anything else. Now, we got some sort of word on it and we.dreW up fast recommendation. . .let's put it that way. It seems as though every- thing is not according to"Hoyle". I don't know. I mean we are behind one eight-ball, and we get behind it, and now we are ,behind another one. That's what I thought this was supposed to be, a round-table discussion, to get the where's, wherefores, and.what-have-you. That's what I under- stood it to be. Now this was news to me when I heard it was a public meeting. We have drawn up a letter of recommendation to the best of our ability under the citcumstances. : If you care to hear it we will give it to you. Commissioner Young: Why don't you read it, or have whoever is prepared to read it, or something like that?, Charles DiMuzzio: Well, do you want to hear it? Commissioner Young: Yes indeed. Mayor Salvino: Yes. Charles DiMuzzio: The secretary will read it. Mrs. Laura Dian read the letter as follows: r., Mayor Salvino & Commissioners: ' The Chairman of the Feasibility.Board for Civil Service for ' -l- 4 y • the City of Dania instructed the secretary to submit the following page of information secured by the board members. /s/ Secretary, Laura J. Dion " " To expedite any future Civil Service Board's endeavors, we supply the Commission with the following report. Infor- • mation contained therein is general, but details can be ob- tained upon request. Mr. Clarke Walden referred the board to the Florida League of Municipalities. The Florida League supplied us with approximately twenty city charters to familarize ourselves with Municipal govern- • ment. Having been advised that Wilton Manor adopted Civil Service in 1961, we approached Mrs. Noonan and their board for in- formation and assistance. Mr. Conklin, Personnel Director of the City of Hollywood referred us to Public Personnel Association of Chicago, • Ill. Correspondance was then exchanged and Mr. Conklin sent us his copy of Personnel Report #523 by Wm. J. Veeder, a nationally recognized report. The City.of Dania purchased copies of tests from this association many months ago. Attorney Walden supplied each board member with a copy of the Florida State Statute. • Florida Association of Civil Service and Personnel Agencies supplied us with a roster of Municipalities belonging to Civil Service. Mr. B. F. Reames, Jr. Postmaster, City of Dania, advised the secretary on all phases of Federal Civil Service, gen- eral information which could also be applied to Municipal • Civil Service. In our search for information on civil service planned employment, we discovered that Mayor Zinkil of Hollywood was Past President of the National League of Cities, and was at that time in Washington. 'We wrote Mr. Zinkil Air Mail Special Delivery asking him to secure facts for us. • On April 20, we received the requested information. " Mrs. Dion: The following report. is a personalaFecommendation and comments of the Chairman and the'Secretarys ' " To clarify any misunderstandings, the size or population • of a city does not determine the feasibility of civil service. Hours worked and wages are governed by the individual Munidi-- pality. We have weighed the pros and cons of cbsi1 service for"Dania under -present conditions. It is not to be considered lightly if to be beneficial for the employee and the city. ' To adopt a civil service program or a merit type system the commission should appoint a board of five highly respected and trustworthy citizens other than city officials and employ- ees to constitute a permanent board. It. is our recommendation that the commission appoint unanimously one person, that each department (fire, police, office 'and water) appoint one such • person to serve on this board. One member, chosen by the board to serve as a liaison agent between employee, board and admin- istration. Usually subh an agent maintains.,an office or desk, at city hall. Naturally, finances do have -to be considered. 1. Attorneys fee for compiling charter $1m000.00 • 2• Membership in P.P.A. 250.00 r or 3. Tests and material 40.00 4. Budget for each dept. 1;000.00 a. costs of advertising b. hearings, .etc. 5. Dania's present pension and insurance plan would be retained. tis ® In fairness to allconcerned if civil service is adopted we recommend present and future employees should meet the stan- dards as measured by civil service examinations according to position held. If the basis for adopting a civil service program is in fair- ness to all employees and the City of Dania, we would recommend O the Police Department, Fire Department, Clerks, Department Heads and City Manager be put under appropriate Civil Service Status. Thereby the City would have only the highest calibre of persons in its employment. Thank you for the privilege of serving on this board. Respectfully submitted, Charles DiMuzzio & Laura Dion It A Mrs. Dion: And I personally have my own recommendation: " After due consideration for what is best for our City and it's employees, the following statement is self-explanatory. Under existing circumstances; when a commissioner can pressure • a committee member to. submit a report and draw conclusions be- fore every possible fact has been investigated for the good of all-when such people will not take time for results - then I personally maintain this City of Dania does .not have qualified persons to sit in final judgement on the feasibility of a pro- gram as serious as Civil Service. I only yesterday received • information that I had waited for a month and a half, which would be helpful to our city. For that reason I do not recommend civil service for Dania at this time. Respectfully submitted, Laura Dion Charles DiMuzzio: Mr. Mayor,• I. ilso would like to insert and relieve • somebody's mind that we'were sitting.on, a .log chewing a sandwich or somethiiig. . .now this is all the work we have compiled in all this time. And just yesterday, I think it was yesterday, we received .this from Wilton Manors, a revised charter. Right here, put up in book form, which is one of the best book forms that I have ever seen. These people are devoted to Civil Service thing, and .you can see it. Now these have taken ten times as much time as we have, although we aren't the Board to pull this plan up. But we have-it here, and I think this is one of the best I have ever read. And I think it will be one of the best that you will ever insert in the City of Dania if you do. That is all I have to say. Mayor Salvino: Thank you Mr. DiMuzzio. Shall I call the rest of them? Commissioner Zenobia: Yes, you might as well. Let's find out what they all have to say. ' '. Mayor Salvino: Officer Ricci. Mike Ricci: Lieutenant Eglinas, NickLDiMauro and myself, we submitted our recommendation before your last Commission meeting. All I want to add is,how I feel about the amount of men that come into our department, that have gone into other departments for more security. There are 12 from the Police Department, and 6 from what.I could get from Chief' Lassiter from the Fire Department, which has cost the City, the way ; . the Chief is figuring, pretty close to $40,000 in the last 5 years. Without job security we can't hold the men here. That's all. Mayor Salvino: Thank you, Mr. Ricci. Lieutenant, do you have any- thing to say? Lieutenant Eglinas: No, I think we said everything we had to say in our letter that we handed in to the Commission. K , Mayor Salvino: Mr. DiMauro, do you have anything? 1'- Laura Dion: Mayor Salvino, may I make a statement again? s. -3- ® Mayor Salvino: Yes ma'am. . Laura Dion: Lieutenant Ricci, lam sure that your figures are right, but if the employees are not satisfied with their present hours and salary, then that would alter the cost in considering Civil Service. Naturally, you are going to have to increase your personnel, which ® would more than equal this amount here, please be sure you do consider that:. Mayor Salvino: Thank you. Commissioner Young: Does anyone on the Board have any facts and • figures that show the relative additional cost insofar as payroll is concerned, to the City, as the result of Civil Service? Charles DiMuzzio: No, we do not, due to the fact that we are not pulling up the plan, and we don't know. . . .we understand that they are going to stay status quo, as they are, without going into all of • this. In other words, in elevating the job standards or how much more it would be for a Sergeant or Lieutenant, or Captain, or whether they would come down to 5 days a week, 40 hours a week, I don't know. I talked to the Chief and he said that they were going to stay as they are. How long they will stay there, I don't know. That is something we wouldn't know. And to draw that up you would actually have to go • into facts and figures on whether they are or whether they aren't before you come up with anything. Or, you would have to take the administration of another city, anything they have on Civil Service, and see what their standard of salaries are compared to what you want to insert, and then you would have to subtract or add the difference there. That is about all. But I understand from everyone that that • wasn't our job, so I am sorry. CommissionerYoung: Well, I was under the impression that things like that were part of the job. I also would like to know if anyone has' any idea as to any additional expenses that would be deducted from the employees salaries, as a result of this. • Laura Dion: Well, if they are satisfied with their present Pension Plan:. .I mean, actually Civil Service in itself does not say that we are going to give them so much more money. As I said before, that is entirely up to the municipality. This is Wilton Manor's pay scale, but I haven't had time to go over it. As I said, I just re- ceived it. Commissioner Gtammer: Mr. Young, I would -like to say this. I think at the time that we were speaking of Civil Service we were thinking more in the line of job protection for the men. As far as this get- ting more per hour and working less per week, I haven't even consid= ered giving them a raise again. I was thinking we set up Civil Ser- vice at the pay that we have now and the hours we havennow, and more r or less form a Civil Service Board, in case of a man, if we just want k to fire the man, he would get somebody that is not 'connected with the City to serve-on this board that would give the man a hearing. I mean, you would have to have some grounds. . You just can't walk up and tell the man, say you are fired, just because I don't like the - `; kind of clothes you are wearing. And I think this is one of the main things of the Civil Service now that.we were trying to get for the City, not shorter:^ hours or more pay for them. Commissioner Young: Well, I think frankly Bob, what you .are talking about more than Civil Service is what.is known as the "Merit System". If you are going to get into that. I'm.not, frankly, completely up to date. But it seems to me that when you .are on Civil Service, well, let's take as an example the Police.Department. Alright, the officers have to appear in court. They may have to hang around for two or three hours, maybe four hours, waiting for one, two, three, four, five cases to be heard. Now, under Civil Service setup, how does this effect their pay scale? In other words, are'they supposed to be paid for i �• -4-. s • extra work, or aren't they? Commissioner Grammer: Well no. Commissioner Young: This is something that I would like to have brought out. Commissioner Grammer: If it was set up in the Civil Service, but we don't have to set it up in Civil Service that they get paid extra. We could set the Civil Service up for the same duty they are doing now and at the same rate of pay. • Commissioner Young: Well then are you going to qualify for every- thing that is necessary? Commissioner Grammer: Well, just because Wilton Manor's, say, pays $125.00 a week for employees, that don't mean Dania has got to set up $125.00 a week. Or if Hollywood pays $120, we can set our own pay under the Civil Service at the time that it is set up. Commissioner Young: Tell me this then, what is wrong with considering a merit system? Whereby you have, let's say for example, a Personnel Director who will as an example chastise someone for doing something they shouldn't. Having an impartial board, I should say, an impartial • board to judge any complaints, or if they would get so many demerits, and so on and so forth. That this impartial board, completely divorced from politics, and if anything like this is going to be, I want to see it completely and fully divorced from politics. Commissioner Zenobia: The only thing you will ever get divorced from • politics is Civil Service,_ Ellis. Commissioner Hill: I disagree with that. Commissioner Zenobia: The reason why I brought this up in the begin- ning is I would like' to see job protection, like Mr. Grammer said. And • I would like to see us get other things into the Civil Service, you know, eventually, it takes .time to build it up. Like maybe pay raises, and five days a week. But I can't see how we.can go into that right away. But I would like to see Civil Service. . I think you can get a better employee, you keep them longer, 'and it is better for the City, it is better for the employee, and it is better for the taxpayer. Right now our Charter doesn't call for Civil Service, and-I, think at this particular time we should dosomething- about.it.; We .should at least set up our Charter. to have Civil Servicej, and then we can work on it, and the following year see what we can Ydd in order to make our regular Civil Service plan, such as pay raises if we feel it is neces- sary. Or change in hours. I think right now the best thing to do is • change the Charter, while the session is going on up in Tallahassee. And at this particular time I want to make a motion to draw up a reso- lution to start advertising to change the charter to include Civil Service for the City of Dania. Commissioner Young: Is this any specific type of . . . Commissioner Zenobia: Just to include it in our Charter, Ellis. And then we can talk about it from there on. Because if we don't have it included in the Charter now we will never get it for the next two years. And I think now is the. time to do it. Commissioner Hill: Are you interested in. . . . Commissioner Young: That would be an act of legislation. Attorney Walden: To authorize it,-,o6 nccharter, frankly, is written on the premise that . . . . From the audience: What was Mr. Clarke Walden's answer on that? - -5- ® Attorney Walden: I say basically the Charter provides that all employees, including department heads, are hired to serve at the pleasure of the Commission. And then be discharged any time at the pleasure of the Commission. . The philosophy behind the present charter is that we do not have Civil Service. • Commissioner Young: Do you know how many different types of Civil Service there are? Commissioner Zenobia: Quite a few different,types I think, Attorney Walden: The phylosophy of Civil Service contemplates first 0 that you start off with qualified employees, and .therefore you have got job standards, examination procedures, for example everybody would be a highschool graduate for a certain job, or ,a college graduate. But in theory you attract qualified employees, and you will from a basis have qualified employees begin, employment.. _Thereafter the pro- cedure is set up so that those employees have job protection. So that • they are promoted on some merit system. That is a broad Civil Service program. There are a thousand facets of it. Commissioner Grammer: Well to get this meeting back in order, ,V:11 second that so that we can have discussion on it. • Commissioner Zenobia: On the discussion on it, on the report that two of the members of the Civil Service Board brought up, they said that they didn't think. . . . .that they thought that the employees here should meet the standards of any new Civil Service, right? From audience: Repeat that again? • Commissioner Zenobia: I think that is what I heard you say, that employees that are now here would have to meet the standards. Isn't that what you said? Mr. DiMuzzio: That they should meet the standards. • Commissioner Zalobia: I think any employee that has already been working for the City say 10 years or 5 years, should come under the grandfather's clause, just like they do a contractor in town when he starts. . . . • Mr. DiMuzzio: That's up to you sir. Commissioner Zenobia: Well I guess that is one of things. .. That would kill the job protection right there. Mr. DiMuzzio: No it doesn't kill the job protection. John Sessa: Let me ask you something on this Civil Service. Mayor Salvino: Will you please come up here? John Sessa: This -Civil Service, I want to know the laws on it. Like Fort Lauderdale and Hollywood, they all have bylaws to go by, or does each city set up their own laws. Commissioner Zenobia: The City sets up their own laws. John Sessa: It is not like unions then, they have a pay scale of 9 just so much. . . Commissioner Zenobia: No. We could leave the pay scale exactly as it is. John Sessa: Right, that's what .I• mean. In other words, they have no bylaws? Each town has their own 'rules then? Commissioner Zenobia: Right. x;r: 6- . .Y �y ; Commissioner Zenobia: The main thing we want right now is job protection. John Sessa: Right, I follow you there. In other words,, you make your own laws to go by. Commissioner Zenobia: Right. Charles DiMuzzio: Mr. Walden, can you insert this Civil Service without a charter. . .without a plan? As Mr. Zenobia has statediin his motion. ` Attorney Walden: Let me say, the Charter that I am talking about is the basis acts. . .special acts of the legislature, which gives the City of Dania its powers. And that charter, which goes back to 1949, does not provide for the adoption of a Civil Service system. I assume what Mr. Zenobia is talking about is to get authority by Charter Amendment so that the Commission later can adopt some Civil A Service program. From the audience: Your honor, is this open for discussion? Mayor Salvino: Yes. Chief Smith: Honorable City Commission, I, being the Police Chief, and as you can see, I have several of my good officers here in this room. And they all are interested in Civil Service. They have Civil Service all around them. And I have some of the best men that I would put up against anybody in this county. As far as doing a dedicated job and trying to learn and wanting to do a better job. Naturally I want to see these men protected. I would like to see them get job security. It is something that this city needs, I am speaking for my department, and I.am for it naturally. And, I think they need it. I don't think that the Police Department should, any police department, should be dominated by politics. And I certainly respectfully request your consideration to include my department in Civil Service. Thank you. Mayor Salvino: Thank you. Any more discussion? Attorney Walden: I would like to say something, Mr. Mayor. In my opinion the Commission has waited almost to the deadline. But if '40 you do adopt this resolution you are quite frankly going to give me a fair amount of discretion, because we simply don't have the time to discuss it too much if we hope to have it passed by this session of the legislature. In order to amend the charter it is necessary, before any bill is presented in Tallahassee, that we advertise for period of 30 days. So if you authorize the advertisement to be filed almost immediately it is going to be right around June 1st before the legislature can hope to entertain the bill. While I do not know the exact day on which the legislature -adjourns, it is 60 days from April 6th. So it will be around June 6th. I am willing to go ahead on that basis. I do recall a past experience where , by another governmental authority a few years ago, to rewrite a. charter while the delegation was in session, and there is ,always'room for argument that something was put in there that somebody didntt intend. When you say Civil Service, I can write it very broad. Although, if you want to go ahead, then I have got to write up the legal ad with no great chance of any research, you can do so. But any pressure leading up to the legisla- ture is not your decision really. You can initiate it, but it is up to them'-to pass it. Commissioner Young: Clarke, I would like to ask you one brief question. Would it be possible to make a recommendation that the charter be amended to provide for either Civil Service or a merit system, such as the Com- mission. . . .I mean, after we get some, facts and figures, may determine .ate would be best for the employees and for the City. 0. • Attorney Walden: Yes, as a matter of fact, my concept of a broad Civil Service plan is a merit system also. But that is under a broad Civil Service. You actually include job security so that an employee cannot be removed without some legal type hearing. Mayor Salvino: Any more discussion? • Laura Dion: Did I understand you to say it is in our City Charter that an employee would have a right to a hearing, and all they needed , to do was make a resolution to that effect? City Attorney Walden: No. e Mrs. Dion: It is not in the Charter? City Attorney Walden: No. . Mayor Salvino: Thank you Mrs. Dion. • City Attorney Walden: The City Manager has a right after 6 months. Mrs. Dion: Attorney Walden, your previous statement was exactly what I was referring to in my personal recommendation. That it does take time. And unless each' and every one of you Commissioners understand • . Civil Service to 'its fullest extent, ,I think you are very wrong in pushing Attorney Walden into compiling a quick charter, and you are not giving him fair chance to draw it up. I am all for protection for the employees, but I stress so strongly, don't be so hasty that you go pushing into something unless you know what you are doing. • Commissioner Zenobia: . Mrs. Dion, we are not.asking for a plan, we are just asking to have the right in our Charter to have Civil Ser- vice. That is all we are asking for. Mrs. Dion: I am agreeing with Attorney Walden's statement that he would hot have time to thoroughly investigate it. And that is why • I am stressing to you Commissioners. Can you each tell me truthfully that you each understand the full phases of Civil Service? Commissioner Zenobia: I don't understand it fully. Mrs. Dion: If you do, I wish you would have helped us. It wouldn't • have taken us three months. Bob, do you understand it completely? Commissioner Grammer: Well no, because there are so many plans. Mrs. Dion: Do you Carl? • Commissioner Zenobia: No, I don't understand it completely. No. Mrs. Dion: Mayor, do you? Mrs. Hill? Commissioner Hill: No, I don't, when you are talking about. . . .do you want to ask him next? • Mrs. Dion: Yes, but do you understand it? Commissioner Hill: No, I don't.. Mrs. Dion: Mr. Young? • Commissioner Young: Only Very=basic points. Commissioner Hill: And when you are talking about job protection for City employees, as a City Commissioner here I am supposed to be a protector of the City Government. And I would hate to see Civil Service come into this town and have some employees employed that we would like to get rid of, and we couldn't get rid of with 10 'Bhilla- delphia lawyers and a team of mules. I am here to protect the City, a': r not the employees. I want to protect the employees, but I feel that ® a good employee does not have anything to worry about in his job. And if he does, it is just purely rotten politics. Which has happened in the past, and I am sorry that it has happened. But that's the way it goes. But I feel that we need people here in this. . . .if I run a business, I am not going to hire a man and promise him that I am not going to fire him. Because if he don't do the job like I want him to • do, yes, I am going to fire him. And I don't think any Civil Service board should, or union, or anybody else, should sit and tell us that we have to keep employees, if they(-.are not doing the job. It is a vicious cycle. If they are not doing the job, you can't fire them for any reason, you have to hire more people to help them do that job) it is more salary, there are taxes raised to pay those salaries. You got ® a bunch of goldbrickers. It is a vicious cycle. Right now I just can't see it. Commissioner Grammer: Vera, I would like to comment on that. Now, just because you have got Civil Service, that donut.mean nobody can't be fired if they are not doing their job. Commissioner Hill: Yes, but you ,have got to hire, like I said before, 10 Philladelphia lawyers and a .ieam of mules to do it. Commissioner Zenobia: Oh no, I don't think so. • Commissioner Grammer: That's what the board is for, and if they come before the board, and it -is grounds enough to fire the man, the man will be fired. Commissioner Hill: Well then we don't need Civil Service. • Commissioner Grammer: Oh yes we do. Commissioner Zenobia: I think we do because in the past, almost every election, and I have been in quite a few eledtions around here, I have seen a lot of City employees out politicking because they were afraid of losing their job. • Commissioner Hill: That's right. Commissioner Zenobia: And this will take it out of politics. Mrs. Dion: I'm afraid not. • Commissioner Zenobia: I believe it will. Commissioner Hill: Those city employees that don't deal in politics still have their job, and I don't care what side of the fence you are on, they won't be fired. We have got some City employees that have been here for years. I don't care whether it is this side of us poli- ticians, or the other side of politicians, who it is. They have not been fired, and they won't be fired. If they tend to their jobs, they keep their noses out of politics, and if all city employees and depart- ment heads would do that then they wouldn't get fired. They won't if they tend to their business, Mrs. Dion: Actually Civil Service, from what I have read, if not handled properly, and if you people rush into it you are not handling it properly, can be more political than any other system that you have ever heard of. And I defy anybody to disagree with me, because if you read the charter and all, it can. Commissioner Zenobia: I still don't believe we are rushing into it, Laura. We are just asking to have it inserted in our charter that we can have it. Mrs. Dion: Then you wouldn't have wanted a report so soon, you would have given us time. Maybe we would have helped you a lot more. .But ?.' you a pushing the Attorney. That is a trememdous job to compile a ` charter. Commissioner Grammer: Well I feel Dania is surely not. rushing into -9- 4 • Civil Service. You take any town the age of Dania, within 50 miles of us, under certain departments have Civil Service, if it is any size at all. So Dania is one of the oldest Cities here on the coast. So you can't say we are rushing into it. Chief Lassiter: Mr. Mayor, may I say something? • Mayor Salvino: Yes sir. Chief Lassiter: I am John Lassiter, we have been standing and sitting here listening to the talk about Civil Service, and the odly thing that you have dome up with is job protection, The theory and phylosophy behind Civil Service is not job protection, it is protection of the taxpayer. The theory of Civil Service is to insure the taxpayer that he gets the best possible employee to do the job that they hire him to do that he can. And to insure that employee that if he does his job properly he will be protected on it. That's the whole phylosophy of Civil Service. Civil Service does not set working hours, it does not • set wages, it does not set any conditions except the ones that you want to put into it. You can put any condition in there that you want, or you can leave out any condition that you want to. But generally, Civil Service does not set wages, does not set hours. It sets up job classi- fication, it sets up promotions and so forth. Procedures in hiring and dismissal procedures. And that is all. You can put anything into it • that you want to. But basically Civil Service is not for the employees protection, which is what everybody is saying here tonight. Basically Civil Service is to protect the taxpayer from the politician. That is exactly what Civil Service is for, in the matter of the people that work for any branch of government be it City, County, State or Federal;. And that's all it is. You can put into it or leave out anything that • you want to, Some of them are so broad until they are foolish. They have got things so that, just some people are saying here tonight, it is impossible to dismiss an employee. And it shouldn't be that way. If we have Civil Service it would be up to you people to put into it anything that you want to that is fair and reasonable. It is not solely for job protection. It is to protect the taxpayer. • Mayor Salvino: Thank you Chief. Bernard O'Connor, 221 S.E. 2nd Terr.: I am very much interested in Civil Service. I don't want to get into this thing. But I have only got one thing to say. I agree with Chief Lassiter, Civil Service is • for the protection and to take it out of politics. Now if you appoint a good board of Civil Service people, they have no interest in salaries, that will come through the City. But you must agree that Civil Service board is out of politics. And they are interested in the taxpayers. Now, if you can work it this way, it will be fine. Now I think it is a good thing. It is too bad we. can't get a little more -together on • this thing. I think the idea is very good. But we are a city, and we are growing. Now what the City Commission decides, but you must understand once you go into Civil Service in your charter you must uphold the law. And the law, is for the taxpayer. Thank you very much. Mayor Salvino: Thank you Mr. O'Connor. , • Charles DiMuziio: I think,our. report. should be judged, the last two gentlemen that talked here. And-'it-is on ,the same line as they said. If you just go back over it and listen to the same thing that we told you on that report, it is on, the same lines. We are not trying to fire anybody. We are not trying to .make it tough for anybody. We are only • trying to do the best thing for the City of Dania. And that is all we are trying to do. And that is.the whole thing. Mayor Salvino: Thank you Mr. DiMuizio: Any more discussion? Commissioner Young: Commissioner-Zenobia? Commissioner Zenobia: Yes? Commissioner Young: In your initial motion, seconded by Commissioner ® Grammer, would you change that to include "or, a merit system"? Commissioner Zenobia: No. I don't believe in the merit system, in place of Civil Service because then politics would be involved in it. We may not involve this board, but another board.may. • Commissioner Young: Well if you have}your independant board of, say high caliber persons, or let's say independant persons, or respected persons, and through merit system they have a right to be heard before that board. And you can also have the right to give examinations, so on and so forth. What would be your objection. to it? • Commissioner Zenobia: I still feel-politics could be involved in it, with the merit system. Because, let's face it, .if you appoint some- one or I appoint someone, we are going to appoint someone that helped us get elected usually, right? It has happened in the past, it will happen again, with this board and anotherbboard. • Commissioner Young: Who would you appoint on the permanent Civil Service board? Naturally you are going to appoint someone you like. Commissioner Zenobia: They get elected, they get elected by the em- ployees on the permanent Civil Service Board. • Commissioner Grammer: ; We don't appoint them. Commissioner Zenobia: We don't appoint them, they get elected. You read any Civil Service charter. Any Civil Service charter I have ever read, they are elected. • Commissioner Grammer: That's right, that's the way it is supposed to be. Commissioner Zenobia: And politics is kept out of it. John Sessa: Does this include the City Manager too now, Civil Service? Commissioner Grammer:' Well John at this, time. . . . John Sessa: Well you are going for Civil Service. You just can't say the Police Department is going to get,,Civil. Service. Commissioner Grammer: We haven't said anything.' Commissioner Zenobia: We haven't said anything, we are just trying to put it in our charter. Commissioner Grammer: At this .time.we haven't said who is going. . . John Sessa: Yes, I know. That's just like a union man come to my office. He says, sign these papers and I will protect you. Yes, he protected me, and after I got through with:one job he didn't even know me. So I mean, that's why:I, am asking. Commissioner Zenobia: Well John,' the plan will have to be drawn up. Right now, the only thing we want is to -get it in our charter, because we can't do anything unless it is in the charter. And the legislature won't meet for two more years: John.-Sessa: Say you did have it in the charter, and then you would tell'..these men, ok, we are going to take $20 a month out of your wages. Commissioner Zenobia: There is no money taken out of their pay. John Sessa: That's what you say right now. `• Commissioner Zenobia: We will appoint another board at the time, or maybe the City Commissioners will sit .down and make it up. • 0 John Sessa: Well they need it, therets no doubt in my mind. City Manager Culverson: If I was to say something Mr. Sessa, which I was going to say nothing tonight, I would say the City Manager shouldntt come under this. If it ever comes into being, it should be the prerogative of the City Commission to fire me, or anybody else that they think is not doing their job. And I dontt think their hands should be tied, especially on the City Manager. John Sessa: In other words, this is all employees except the City Manager. Commissioner Grammer: Well right at this time, John, we haventt said whether it is the Fire Department, Police Department, Book- keeping Department, we are just asking to change our charter so we can adopt Civil Service if we see fit to do so. . Mayor Salvino: Any more discussion? Clerk, call the roll. The roll being called, the Commissioners voted as follows: Grammer Yes Hill No Young Commissioner Young: In view of the fact that .the Commission at this time is not willing to even entertain the thought of the Merit System, and due to the fact that, in my personal opinion, we do not have enough facts and figures to go on, my vote is going to have to be No. Zenobia Yes Salvino Yes Attorney Walden: That one passed? Mayor Salvino: Yes. Attorney Walden: Well by and large, I am on my own on this now. Commissioner Young: You are strictly on your own. Attorney Walden: To write it up and get it presented and try to get it to Tallahassee, I would say we could start it tomorrow, I am not certain that the delegation will entertain it on the last few days up there. As I will write it in accordance with what I personally feel the Commission wants, 'as you are not going to have much of an oppor- tunity to consider it in-future meetings as it is going now. And if I phrase it differently from the way some of you like it, I hope I am not criticized too much for it. I want to start advertising. Commissioner Young: Well Clarke, under the circumstances, you have no choice. Attorney Walden: Well. . . Commissioner Young: I mean, you have got. . .nothing was spelled out. And you have got to use your own integrity, intelligence, and ingenuity in applying for a charter change. Attorney Walden: Right. I mean, I just want the thing to go on record. Now, on these earlier Charter changes, we advertised during the early first part of April, I dontt know the .exact date. So that they could be introduced sometime in the early part of May. Is there any thought from the Commission that someone go to Tallahassee to present them. The reason I mentioned that to you is often times you get up to Talla- hassee, and the delegation indicates it approves a proposed bill, ex- cept for minor changes. Someone physically must grab the changes and also some judgement must be exercised. I am hot looking for the trip. Do you wish me to simply submit them to the delegation and say do what you want to with them, without anybody going up there? Commissioner Zenobia: I think someone should go up myself. -12- • • • Attorney Walden: Then I think tonight, or you perhaps could do it • the first meeting in May, if you want to wait then, but you should give some thought as to who will go. And if you decide that some- one will go in the early part of May you may have someone going up in the early part of June on this change. Mayor Salvino: We don't have to appoint anybody tonight do we? • Attorney Walden: Well, if you plan on going up in the early part of May, unless you want to defer it until May 3rd, you can do it then. Commissioner Zenobia: We can do it at the next meeting couldn't we? • Attorney Walden: Yes, but you should make the decision as to whether anyone will go,-or if you simply want to mail them up there. City Manager Culverson: . If I may say something,. anything as important as this, I think the City Attorney should go and represent us on it. Commissioner Young: He doesn't enjoy traveling around now. He has got a new baby down at his house too. Attorney Walden: Is this at my own expense, or does the City pay for the ticket? • Mayor Salvino: Your own expense. Attorney Walden: That's what I thought. Commissioner Young: Mr. Mayor? • Commissioner Zenobia: Wait a minute. . .I have one more thing I want to bring up. Charles DiMuzzio: Just a moment before you go into something else please. • Mrs. Dion: Clarke, maybe this will help you. Attorney Walden: Oh yes, thank you very much. Commissioner Zenobia: In fact, I have two things I want to bring up. • A motion was made by Commissioner Zenobia to, draw up a letter of L'Thank You" to each of the five members of the Civil Service feasibility study board and see that each one gets a copy of the letter. Commissioner Hill: Will that be in the form.of a resolution? • Commissioner Zenobia: Form of a resolution.. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: • Grammerti. Yes Hill Yes Young Yes Zenobia Yes Salvino Yes • Commissioner Zenobia: Now I have one more thing I want to bring up. The City of Dania tried to annex some land on the Northeast section here not too long ago, and they failed on it. The City of Hollywood tried the same thing. Port Laudania 'and a few other. parcels of land up there came to the City today and-requested to be annexed into the City of Dania. And Mr. Walden said we have to advertise this also for the legislature, so I would :like 'to ,make a motion to have the J • 0 0 • City Attorney draw up a resolution to advertise for the annexation for the parcel of land on the Northeast section. Commissioner Young: How many parcels are involved? Commissioner Zenobia: About 80 acres all together. • Commissioner Young: Well how many. . . . Commissioner Zenobia: There are three parcels. Commissioner Young: Well I think you can do that by petition, can't • you-Counselor, or floes that go through legislature? Attorney Walden: You can, This, frankly, .is the easier way of doing it. Let the legislature annex it for us. If they don't, then you go through petition and hearing, but this is the quickest way to do it. • Commissioner Young: You think the quickest way is through the legis- lature then? Attorney Walden: Yes. There are several ways. This is the easiest. Commissioner Grammer: How many acres? • Commissioner Zenobia: Eighty acres so far. I think there is more coming, but there is 80 acres right now. Commissioner Young: Did you make a motion? • Commissioner Zenobia: I made a motion to draw up a resolution for the advertisement for the annexation of this property. Mayor Salvino: Do I hear a second? , Commissioner Grammer: Yes, I)ll second that. • The roll being called, the Commissioners voted as follows: Grammer ' Yes Hill 'Yes Young Yes Zenobia Yes Salvino Yes Bernard O'Connor: Sir, now.that ,is it closed. . . . City Manager Culverson: It isn't closed yet, I have other. . . . • Commissioner Grammer: No, he means that one subject. Bernard O'Connor: -Yes, I mean that one subject. Now that it is closed don't forget that Hollywood if looking for this, and so is Fort Lauder- dale. Commissioner Zenobia:, Well these people.have already petitioned to come into the City today. Bernard O'Connor: Well that's good, but look out for the other side, that's all. Because, from what I understand, snd Iaknow what I am talk- ing about, they got their eyes on it too. So I think we are very smart in moving quick, right now, the fastest we can move. Because that side , and that side is going to go for it, I can tell you. I know right now. And this thing has been hanging fire for four weeks. And I think it is, a good thing that we decided to do something about it. Thank you. • Mayor Salvino: Mrs. Hill, do you have anything? Commissioner Hill: No, he beat me to it. s #1 -14- Commissioner Zenobia: I'm sorry, Vera. Mayor Salvino: City Manager? City Manager Culverson read a letter as follows: • "Mr. L. E. Culverson, City Manager: Disbursements: Court Reporter, payment for transcript of testimony of hearing held on February, 1965, munici- pal court, in and for the City of Dania, Broward County, Florida, concerning that matter entitled City of Dania Plaintiff, vs Robert J. Johnson defendant. For total amount $26.40 • I recommend it be paid. " Commissioner Young: What is the amount again? City Manager Culverson: $26.40. Clarke Walden. • Attorney Walden: We had a court reporter one day and I paid him. And I am seeking reimbursement. A motion was made by Commissioner Young to approve:rthe payment of the bill as presented. The motion was seconded by Commissioner • Zenobia. Commissioner Zenobia: Does that take a motion for that? City Manager Culverson: Yes. • Commissioner Zenobia: $26.00, you can just pay that. The roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino ' Yes City Manager Culverson read a letter as follows: • "While the above validation suit was in progress I have had various costs from; my trust account on behalf of the City of . Dania. Accordingly, I enclose my, statement for all the cost occurred to date in connection with this, particular suit, and request that you make payment of same. " This was out of pocket money for the City Attorney. And it goes on. . . " Disbursements were. . . . " • And it goes on, but the total amount is credit refund balance due is $259.25. This is out of pocket money from our own City Attorney, so I request that this be paid. A motion was made by Commissioner Young that the bill be paid. 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 Commissioner Young: You don't have any more there do you? Mayor Salvino: If you have any more, put it all on one motion. City Manager Culverson: No, that's all. • -15- A ® City Manager Culverson read a letter as follows: "Mr. Lester Culverson, City Manager: Re: Sanitary Sewer connection for Dania tower apartments. Dear Mr. Culve-bson, . Reference is made to the City of Dania Commission meeting of April 19650 regarding requirements for connection to the sanitary sewer system currently under construction in and by the City. By this letter I am asking permission to connect my new building, the Dania .Towers currently under construc- tion on Fourth Avenue; between Dania Beach Boulevard and S. W. lst Street, with the City sanitary sewer system. (1) I • understand and agree that if granted permission for this connection I shall enter into do agreement with the City of Dania with regards to the following: The entire installation shall be constructed at my cost. When completed and accepted by the City of Dania, ,the system will be transferred to the City of Dania at no cost to the • City of Dania. Upon completion accepted by the City of Dania the system will be operated and maintained by the City of Dania at no cost to them. Monthly use charge shall be in accordance with rates set for all consumer units connected with the system. The property upon which the building is being constructed shall be assessed in accordance with the • ordinances effecting all other properties being served by the current sanitary sewer program. The installation shall be completed by the time the sewer system is completed and ready for operation. Thank you for your co-operation in this matter. . " Do we need any kind of a resolution accepting this Mr. Walden? City Attorney Walden: I think before the City basically adopted a resolution that would, I think it was for Richardson, wasn't it? And I would have a motion tonight authorizing you to .enter into a contract, subject to my approval as to legality. But go ahead on the negotiations. • A motion was made by Commissioner Zenobia to enter into a contract with Mr. Richardson, in regards to Sanitary Sev7er System, as stated in letter above. The motion was seconded by Commissioner Youpg, and the roll being called, the Commissioners voted as follows: • Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes City Manager Culverson read a letter as follows: C. E. LeFever: " Re: Sale of W 100 feet of S 131.06 feet of the E' of the S' of the k of the NWT of Section 35-50-42, less the S 25 feet for road right-of-way. I have enclosed herewith my trust account check No. 2117 in the amount of $4,050.00, which is the net amount due on the balance of purchase price on the above described parcel of land. I understand that Mr. Clarke Walden, City Attorney for the City of Dania, is in receipt of the properly signed and executed deed, conveying the subject property to the City of Dania. • Very truly yours, City of Dania right-of= way agent, Mr. Luther Sparkman " Do we have to do anything on that Mr. Walden? City Attorney Walden: No sir. City Manager Culverson: Just one more letter and then I am all through. -16- ® This is a request of the City Commission: " Mr. Lester E. Culverson, City Manager: In response to the request of the City Commission, we are pleased to make a proposal to .perform the audit of the financial records of the City of .Dania for the fiscal year ending August 31, 1965. The audit will be made in accor- dance with the generally accepted auditing standards, and would result in a certified financial report. Said finan- cial report will:,be prepared to the greatest extent prac- tically, in accordance with the recommendations of the National Committee do governmental accounting of the • Municipal Finance Officers Association of the United States and Canada. In addition we will make such recom- mendation to the proper City Official as we find necessary with respect to the City's system of accounting and inter- nal controlling. The audit will be performed on a continu- ing basis in that interrum auditing procedures will be per- formed at various times during the City's fiscal year, as well•-as after the close of such year. We will be available . for consultation at all times. The code of Perpetual Ethics prohibits a Certified Public Accountant from making a competitive bid for any professional engagement, accord- ingly, we are unable to establish a fixed fee for this pro- posed audit. Our fee would be based upon our usual per diem rate, which would vary from $7.50 to $10.00 per hour for •the time spent by members of our staff. The time re- quired for such an engagement is undeterminable, as it will vary with the adequacy of the system:o& internal control, The conditions of the accounting records, the extent and • nature of any exception found, and the extent to which City Employees are able to provide a system to the auditors. The time required the first year of the audit would be somewhat more than would be required in succeeding years, due to the fact that the first year would necessitate examination of certain prioroyear'ls records, The construction of continued • audit working papers and general survey of the Cities finan- cial history and current accounting system. We estimate that an annual audit for the City of Dania, under present scope of operations, would require an average of approximately 350 hours per year: $3,000.00, with the fee running possibly somewhat higher in the initial year, and somewhat lower in • subsequent years. Services required by the City in addition to 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. Commissioner Grammer: Do we have a proposal from anybody else? City Manager Culverson: Well this is the one you asked me to get from Lindfors E Waite. • Commissioner Zenobia: You have one from somebody else, dontt you? City Manager Culverson: We have one .that we -read before from the present auditors. • Commissioner Zenobia: I suggest that you look them over and bring them up at the next meeting. A motion was made by Commissioner Young to'table the matter. The motion was seconded by Commissioner Zenobia, and the roll being . called, the Commissioners voted as follows: 4 • • • ® Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes • Mayor Salvino: Are you all done City Manager? City Manager Culverson: Yes sir: City Attorney Walden: Last October the City adopted a Pension Plan for it's employees. And that was funded through the Provi- dent Insurance Company of Chattenooga, Tennessee. It is customary on these plans to submit, and the internal revenue service to get it's approval on the various tax laws. And our plan was submitted. And we received a letter, dated I believe, April 15 from the internal revenue up in Jacksonville, stating that certain changes would be necessary. they are seemly of minor importance, but too, they should • be done by ordinance, adopting two paragraphs. One is paragraph 15.3 of this plan, which will read as follows: In the event the contributions to the City are discontinued or suspended, as of any.anniversary date on which the full current cost as defined in Income Tax Regulation 1.401, have not been met. The earned pension for such date for all par- ticipants shall become. fully vested to the extent herein pro- vided for determinati'on, of. this.plan. The other part would be paragraph 16.1, being as follows: It shall be impossible at any time prior to the satisfaction of all liabilities, with respect to the employees and their • beneficiaries under. this plan, or any part' of the corpus or income to be used for or diverted to purposes of and for the exclusive benefit of the City Employees or their beneficiaries and the City shall not be entitled to receive back any part of it's contributions •in trust. Any.funds arising from forfeit- ures, dividends or return of premiums because of the termina- tion of service by a participant;; or for any other reason, shall be used to reduce the amount of contributions to the City in the current year or subsequent years. Those two changes I believe will satisfy•.the Internal Revenue -Service, because the internal revenue asked .that it be informed within 15 days from the date of it's letter. I would like :to ask that you epnsider adopting this ordinance on three readings tonight. : Which, by unani- mous consent of all commissioners.present,, this ordinance has been introduced, read the first time," read by title only the second and third times, and passed on allthree readings, at the meeting of the. City Commission held A}.ril. 27. Commissioner Young: There is nothing in there that would interfere with. . . .with Provident? City Attorney Walden: No, I would have brought it up before, but I wanted to check with Provident to make sure it approves, and it does. A motion was made by Commissioner Young that the ordinance be adopted and passed under emergency provisions. The emergency specifically being the time limitation. The motion was seconded by Commissioner Zenobia. Commissioner Young: That is on first, second and third readings. +� 0 The roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes Zenobia Yes Salvino Yes F e City Attorney Walden: One final thing is the Commission, back during the previous City Manager's term, authorized negotiations with this Water Conditioning Equipment Corporation to settle the amount of liquidated damages. I do not recall exactly what you did, although it is my impression that you authorized a settlement of the penalty on the basis of $1,400.00 to the City, which is one • half of the total amount. Which I believe is around $2,800.00. While you authorized that settlement, the Housing and Home Finance Agency have evidently requested that it be done through the 4uide of a Change Order. The Change Order to be approved by the Commis- sion. So I have got the resolution doing that, which I will read to you by title: e A RESOLUTION approving a contract change order in connection with the contract between City of Dania, Florida and Water Conditioning Equipment Corp, a Florida corporation concerning the construction of an addition to improvements to the Water Treatment Plant of City of Tania, Florida; with such change e order serving to decrease the contract price by $1,400.00) arising because of an assessment of liquidated damages in the amount of $1,400.00 for overrun of time in completion of work. And providing that this resolution is. subject to the approval of Housing and Home Finance Agency, an agency of the United States of Americas: • Commissioner Young: Did you say that is an ordinance? City Attorney Walden: Resolution. Commissioner Young: Resolution. Just exactly what is the statis • ;of that right now? . I know that they wanted initially to ;settle. . . or the attorneys for the, bonding company wanted initially to settle for 25 cents on the dollar. Commissioner Zenobia: They wanted 50 and we wanted to give them 25. • City Attorney Walden: Well my basis that I think the Commission authorized, was 50%, which would be 41,400. Now the contract amount with consideration of these damages,-, the balance due from the City would be $22,662.62. And if you take credit for $1,400, if that amount is agreeable, then the contract price would be reduced with a balance due on the contract reduced to $21,262.62. :Now the.mech- • anics as to how to handle it, the government wants it done through a change order. Commissioner Young: That isn't what I had reference to, Counselor. I want to know specifically if there will be any trouble with the bonding house, the bonding house attorneys, on the $1,400 fijure. • City Attorney Walden: No, it is in agreement on that. , The bonding company is in agreement on that. A motion was made by Commissioner Young to adopt and pass a resolution 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 There being no further business on the agenda, the meeting adjourned. A Frank Salvino Mdry Vhornhill Mayor-Commissioner City Clerk-Auditor, r, -19-