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HomeMy WebLinkAbout86137 - MINUTES - City Commission MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, 0 HELD MARCH 15, 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 L. GRAMMER VERA L. HILL S. ELLIS YOUNG CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN CITY MANAGER WILLIAM G. NEFF • BUILDING INSPECTOR CHARLES LINDEMAN CHIEF OF POLICE MONTIE F. SMITH CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 P.M. by Mayor Salvino. • Commissioner Grammer: Mayor,. at this time I would like to have the floor. At this time I would like to make a motion that.a resolution be passed to vacate the City Manager's seat. Commissioner Zenobia: I'll second that motion. Commissioner Young: Have you considered whether or not it would. be better to make an immediate replacement? From the audience: We can't hear anything back here. Kindly speak up a little bit. • Commissioner Young: To continue, don't you think it would be better to have an immediate replacement than it would be to have ,the seat' vacated? I mean, is that at the pleasure of the Commission? From the audience: Let's talk up. We can't hear a word back here. • Another from the audience: We want to hear everything tonight. Commissioner Grammer: Do you want to repeat the question? Commissioner Young: I said don't you feel that it would be better to have an immediate replacement for the job rather than to leave the seat vacated? Commissioner Zenobia: I think it is a good idea. Commissioner Young: Well, Commissioner, at this time would you consider including in your motion the immediate hiring of, or re-hiring I should • say, of Lester E. Culverson as City Manager to serve at the pleasure of the Commission, without the probation period, at an annual salary of $9,000 per year? Commissioner Grammer: You ?ant to put that as an amendment to my motion? Commissioner Young: I asked if you would include it. City Attorney Walden: Let me say as a point of order on that, I think it is going to require just about the consent of all the Commissioners, because you are voting on two separate things, each somewhat independant of the other. Unless all of the Commission is willing to vote it that way. Commissioner Young: Well, alright, 3£ it is the form of an amendment, then that would alleviate that, would it not? i From the audience: Not without a second. -1- . City Attorney Walden: Let me say this, if a Commissioner would want to • vote on a part of the motion but was opposed to the other part, then he would have no way of either saying yes or no. So I believe, unless there is a unanimous consent on that, that you have got to split the motion down to two separate motions. May I respectfully suggest that you discuss it and if you are in agreement on it then you can go ahead. But actually it is somewhat two independant acts. • Commissioner Young: In other words Oounselor, you don't feel that the fact that we could vote separately on the amendment would serve the same purpose? You know, you vote on the amendment first and then the original motion, or the motion as amended. City Attorney Walden: The amendment, as I understand it, is to be two distinct things, and I think that kind of motion is always subject to some attack, because a person might be in favor of.a part of the motion and opposed to the other part. That is the problem on it. The amendment as I understand it, is simply to vacate the office and appointrMr. Culverson. There is no way you can get around it, they are two independant acts that you are voting on. Some of you Commissioners may be in favor of a part of it and against the other. You can't have a half-way vote, that is the problem. Commissioner Young: Then I withdraw my request. • Mayor Salvino: Any discussion on the motion? From the audience: What are you firing him for? Another from the audience: Mayor, I would like to say this, I think it is a derogatory mark on our community the number of City Managers we have had • in the last number of years, and I happen to know Mr. Neff for a number of years. ' He has been on this job a very short time. I hate to see politics be a party as to who is the consecutive head of our City. The Commissioners are legislative people. Their criticism, which if there is criticism, should be aired here tonight. We should not have a kangaroo court to say I think we should re-hire Mr. Culverson. I have nothing at all against Mr. Culver- • son. I don't know the man. He probably could do a good job. But the same thing happened to him that is happening here tonight to Mr. Neff. If this is the way we are going to run our community I for one possibly should move to Lauderdale. Mayor Salvino: Anybody else in the audience? • From the Audience: I am just recently a new resident. I just bought a home here and bought a business as of September. And I feel the same way as the gentleman in the rear. This is the worst publicity we could have for our town. I haven't invested a lot of money here, but I have invested my forthcoming years, and I just think it is time that things should be • thought about. Another from the audience: Mr. Mayor, I express.my displeasure with Mr. . Grammer's motion because no charges or_a full understanding of what this man has done has not been made clear. I am not in 'favor of him because I have not had a chance to evaluate his work yet. And here ve are going to •,. Eire a man, unless there is something that he has done or something that he has failed to do that we don't know about. These things should be brought out tonight, if?.there are some things. I might be in favor of firing him myself. But I don' t think we have a true picture of his work. If there is anything that he has done, I think .it should be evaluated tonight and we should know about it. Otherwise I want to express my dis- pleasure. r Mayor Salvino: Anybody else in the audience? Angelo DiMauro: I'd like to say something Mayor., My name is Angelo Di 't= Mauro. I have been here for 15 years, and I gather all these department heads work at the pleasure of the Commission, is that true? When they -2- are hired that is. I think the Commissioners for a change should work at • the pleasure of the Citizens of Dania, which they have never done. Nothing that the citizens of this city ever wanted, because they are always fighting each other and we have never had a commission that could work together. And if we could only work together, get a Commission that could work together, we may have a little better city here in Dania. But I don't think we are ever going to get that. But I think they should work at the pleasure of the people of this City the same as the department heads have to work for them. • What is the reason for Neff's firing now. Do you have any explanation for that? Mayor Salvino: Mr. Grammer, would you like to answer the question? • Commissioner Grammer: Yes. Angelo DiMauro: Bring them out. Bring the reasons out why Neff is being fired. I think we all want to' hear, dot just -me. Commissioner Grammer: Not to reasons, I mean not to anything personal with * Mr. Neff, I have asked Mr. Neff to do certain things, just check for me, not to do them, and he never answered me one way or another. And I asked him a question one day, and he just deliberately walked out of the office and never answered me. And then I was told today that he was told not to co-operate with me and another one of the Commissioners sitting here. • Angelo DiMauro: By whom? This is an open meeting Bob. Commissioner Grammer: I'm not here to try to embarrass anybody. I never . voted for Mr. Neff, and I think by me making that motion I have a right to make the motion as I didn't vote for him. After all, Mr. Neff was hired for a trial period. It is not that the man is being fired. I don't think the word was mentioned "fired". Angelo DiMauro: Well you fired...one of the guys who voted against Culverson wasn't it? For his firing? I might be wrong, I don't know. Commissioner Grammer: Voted to fire Culverson? • Angelo DiMauro: Uh huh, I don't know. Commissioner Grammer: Yes, sir I did. Angelo DiMauro: Now you want to hire him back? • Commissioner Grammer: I don't remember Mr. Culveraon's name being mentioned here yet. Angelo DiMauro: Yes it was. It was mentioned by Commissioner Ellis. Commissioner Grammer: Yes, but it was never put up as far as this motion now. Now you are talking about this motion.... ' Angelo DiMauro: Mr. Young, did you not say rehire Lester Culverson? Commissioner Grammer: Not in this motion he didn't because it was ruled out. • Angelo DiMauro: Mr. Young, did you or did you not? Commissioner Young: The Counselor requested that I withdraw that name. Angelo DiMauro: But you did mention that name and said for the rehiring of Culverson? Commissioner Young: That was mentioned,' that is correct, John Sessa: Mr. Mayor, tell me what is the object of hiring a City Manager because he will only be here a couple months anyway. I'm ashamed I even built my house in Dania. I like Culverson, he is a good man. I like this gentleman too, but you guys are playing dirty politics. 17 03= John Sessa: You have got two men sit up here in City Hall. 6 hours a day • and watch him. He'd get his belly full too, and you would:-tool Cogmmissioner Grammer: Mr. Sessa I wish you would say the two men, because I haven't bothered this man. John Sessa: I haven't mentioned any names Mr. Grammer. • Commissioner Grammer: Alright, okay. Commissioner Zenobia: Alright, I will answer now too. It is not dirty politics as you say. • John Sessa: What is it, dirty ball then? Commissioner Zenobia: Alright, let me speak please, John, I let you speak. . It is not dirty politics. Like Mr. Grammer, I aidn't vote for the man either. John Sessa: Alright, then what is the matter with him? • Commissioner Zenobia: I'm speaking. I have nothing personal against the man. I think he is a pretty intelligent ,man, But I am like Mr. Grammer, when I ask a question of the City Manager, I expect to be answered. Not have him get up and walR out of the office on me, or start dialing the telgphone every time I ask him. And when we hired the City Manager, when we interviewed • them, all the City Managers, we told every man that applied that he would have to be an outside man as well as an inside man. And as far as I am concerned, Mr. Neff is not doing the job on the outside. John Sessa: In other words, you would like for him to be a yo-yb. When you pull the string he pops up? • Commissioner Zenobia: No, I don't want him to be a yo-yo. Dania I don't think can afford 16 or 20 thousand dollars for a City Manager, and that is what it is amounting to right now. If we have to pay the City Manager $9,000 and pay an outside man $6,000, I don't think we can do it. We have had other City Manager's that worked the inside and the outside. And every man that was interviewed was told this. " From the audience: Well the way things are going Carl, I don't think there f; is anybody on that end of the table that is.capable of running it. You better get somebody to r@place him, 'Cause I would hate like the dickens to 7� see some of them sitting up there running the City again. • Commissioner Zenobia: We will- get someone to replace him, Mr. Rickards. Mr. Rickards: Well I hope you get'somebody that -you can.hold on to, because ;a here is a man you said you think is intelligent. You think he has got good sense, there is nothing wrong with him, you don't want to embarrass him, but yet you don't mind firing him.in two months, and I don,' t even know the man. ;? ! Commissioner Zenobia: Mr. Rickards, you have been City Commissioner here. You know the Charter says that the first 6 months the man is. here under trial 1`' basis. After 6 months he is entitled to a public hearing. Mr. Rickards: Well give him a trial then Carl. The man hasn't had.... ' Commissioner Zenobia: I for one don't .feel that the man is. the man for the City. I don'_t want to say anything bad about Mr. Neff. But I, just don't f< think he is the man for the job. Mr. Rickards: Well what else can you say about a man when you say let's fire the man. What else can you say. There is nothing else to say bad about him. From the audience: Are you Commissioners capablerfbr the: city? Commissioner Zenobia: Iffeel I am, yes. If.I wasn't capable Angie, I wouldn't be seconding this motion right now. -4- From the audience: Let's have a standing ovation from the crowd here as ® to how they feel about this firing, is that out of order? Commissioner Zenobia: You have 3 thousand voters in the City, and you have approximately 160 people in the room right now. I don't think that is enough. From the audience: I would like to know, you fire the man because you don't get the proper answers from him. We people here asked questions about the sewers and you don't give us the proper answers. And other questions too, so now you know how it feels. Commissioner Zenobia: I will answer any question you want to know about • the sewer. And I think the City Manager is the one qho is supposed to give us the answers on it. From the audience: In two months time he is an expert. If he is going to answer the questions he doesn't have time to do his work. • Commissioner Grammer: Well look, how let's get back. We didn't say he answered the questions, or didn't give me the right answers. The man didn't answer the questions period. Mr. Neff: Mr. Mayor, may I say a word? • Mayor Salvino: Just hold out for a bit now. We got something else. Commissioner Zenobia: We have a bid we have to close off first. City Manager Neff: Mr. Mayor, may I make a statement? • Mayor Salvino: Yes sir. City Manager Neff: Mr. Zenobia made a statement, I think it was a little bit rash. He said $20,000. My salary was set at $8,500. The man- that I hired is working for $100 a week, which is $5,200 a year. If you add 52 to 85 you don't come out with $20,000. • Commissioner Zenobia: You add the other 5 that you will be getting in a raise, plus the fact that.... From the audiences How is he going to get a raise if you are going to fire him? Commissioner Zenobia: Plus the fact that you have two automobiles that have to be taken care of. From the 'audience: What did you hire the other man for? IA Commissioner Grammer: I don't know. From the audience: Who did we hire, for what, for the $100 a week? Mayor Salvino: Outside man. • From the audience: For what? What's his job? Mayor Salvino: To watch the crew, and check everything outside. From the audience: What crew? • Mayor Salvino: The crew that works for the City. City Manager Neff: Mr. Mayor, may I answer that question? We...I hired a man, which is I believe, if the Counselor will back me up, is entirely within the prerogative of the City Manager,to supervise all of the outside crews such as paintift&j patching of streets, garbage, trash, mowing, signs and the rest of the things. This is something that the City has not had., Never had.. I felt, due to the sewer program, that the press of business at the City Hall ' was too much to demand of the City Manager to go out and follow these trucks -5- api around, This is what the two Commissioners have asked me to do. I • hired this man, and I think that anybody that has seen what he has done, what the crews have done since he has taken over, would say that this money is well-spent. He was hired as a working foreman for $100 a week. This is what he is doing. Mayor Salvino: Anybody else in,the audience have anything to bring up? City Manager Neff: Mr. Mayor, before you call the roll I would like to make a statement. I would like to say to the people of Dania, what you are witnessing here is first degree politicaUmurder. It is a cold, calculated, premeditated attempt by two unscrupulous assassins who have for their own personal petty political reasons attempted to dispatch of • me. Not only asca person, but they are attempting to drive into the heart of this entire city a spike, and this City is already on its knees. This City is already battered from past political fiascos. The reason I speak out at this time is that I feel that I have nothing to lose. It is not for my own future, it is for the future of this community. I personally feel that the time has come for any and all the people who sincerely have a concern for the future of Dania, they should standup, and should be counted. They should come foreword and let their desires be known. I don't think that any longer any citizen here in Dania should hide in, the shadows of public apathy. I feel that no longer should they allow people to be elected who have a desire for their own personal reasons, and no honest dedication to the office to which they are elected. I personally • feel vindicated in the job that I have done. In my own heart, knowing that I have acted with honesty and integrity in my dealings with every- body in this city. The short time that I have been here I have tried to co-operate with everybody and to progress and make this city something that not only I, but all of you would be proud of. And I think that this . is more than I can say for the people sitting here. When I walk out of • here tonight, regardless of what the Commission does, I will walk out of here with my head held high and I will be able to look every one of you in the eye. I have made no deals, and I haven't asked for a favor, and again I defy the people on this bench to say the same thing. It has been 25 years since I have felt the kind of sorrow for a community that I feel tonight. This happened at Pearl Harbor. Dania tonight is suffer • ing its own small Pearl Harbor. If you allow this to happen this is a day that you are going to live with the infamy. The people of this com- munity should never forget that this is an attack by vicious, vicious people. And the people of this community should dedicate themselves to the fact that in the future they will see that the people who have per- petrated this kind of an act should be called to account. Tonight I • say '.',shame on these people". And tomorrow, and every day afterwards that you allow this to continue I say "shame on you". Now I wish to thank all of the people who have helped me on the job. I have been here a short time and I have tried to do a good job. It hasn't been easy, because I have been harrassed. I have had two Commissioners in my office anywhere from two to six hours a day. Commissioner Grammer: That is not true, Mr. Neff. City Manager Neff: Even due to this harassment I tried to do my best. I went to the other Commissioners, I went to Mr. Young and told him. He tried to censor the others, but apparently that didn't work either. So I say tonight that all I can say is that .I have done my best. Going back to the Scriptures, I can say this. As they drive the nails in,God have mercy on them for they know not what they do. Mayor Salvino: Commissioner Young, do you have anything to. add to it? Anybody in the audience have any more to say about it? Commissioner Young: You have already been that route. i From the audience: I don't have anything to say Frank, but I would like .a comment from each one of the Commission as a public record as to what they have to say about Mr. Neff's remarks. There is.an election coming up. N;. 4- s City Attorney Walden: As for obligation to answer, you are under no obligation. Mayor Salvino: Commissioner Hill? Commissioner Hill: Are you voting or commenting? Mayor Salvino: No, did you want to answer George's question? From audience: Well I would like an expression from the Commissioners. I mean, you are going to a vote right now. How this vote is going to go I have no idea. But I would like a comment from each one of the Commis- sioners to either confirm or deny what our City Manager has to say, has said. City Attorney Walden: Well, as a point of order, let me just tell the Commission you are under no obligation to answer or defend yourselves. Commissioner Hill: I'll make a comment when I vote. Bill Brooks: Mr. Mayor, I would like to make just a couple "of remarks. I look around this room and I think I am the only ex-commissioner in here that instigated this form of government we have. And•I worked hard at it. .. I had a H--- of a job getting it 'put over`; the Commission-City Manager form of government. And there are a couple of people here that know what I am talking about. And after seeing all these things that have happened in the last 15 or 20 years, 2 am d---ed sorry that I had anything to do with it. I am ashamed of Dania. City Attorney Walden: I think you should have the clerk call the roll now. Mayor Salvino. Clerk, call the roll. City Clerk Mary Thornhill: We are voting on the motion that a resolution be passed vacating the City Manager's seat. The roll being called, the Commissioners voted as follows: Grammer Yes Hill Commissioner Hill: I have worked with Mr. Neff. Mr. Neff has done a con- scientious job here. I really feel that he has put his heart and eo""U1 in this job. I have worked ever since I have been here to try to work for peace and harmony among this Commission. It seems like since November loth we have done nothing but pull five different ways. I.am going to make one more attempt to try my best' to bring these Commissioners all of us together. Each one of us owe the City.of Dania something, I agree. I don't agree with everything that these Commissioners have done or said, but I am going to do my best. T am going to make one more effort to try my best to work with all these Commissioners to make a'move that will bring us together to try to work for Dania, and if I fail you people can do something about it. I don't have to have this job, but as long as I am here, I am conscientiously, earnestly, seriously trying my best to do what I think is best for the City of Dania. And I am going to vote No inl:hopes that we can all... Commissioner Young: Don't you mean yes? We are voting to vacate the seat. Commissioner Hill: I am voting Yes...excuse me...I am voting Yves to vacate the seat in hopes that we can all pull together and make one more attempt. The roll call continued. Young Yes Zenobia Yes Salvino No Commissioner Young: Mr. Mayor, if we may have a little order I would like . at this time.... � e ® Mayor Salvino: A little order please. Commissioner Young: I would like at this time to make a motion that we adopt and pass a resolution rehiring Lester Culverson, our former City Manager, as our City Manager.....may I have order? At this time Mayor Salvino rapped the gavel for order. • Commissioner Young: To serve at the pleasure of the Commission, to serve at his annual salary of $9,000 per year, and to waive his probationary period, since he has already served it. Bob Houston: Would the floor recognize Mr. Houston? Mayor Salvino: We don't have a second on the motion. Commissioner Hill: I'll second the motion. Mayor Salvino: Any discussion? • Commissioner Grammer: Yes, at this time I will second that motion. Mayor Salvino: It has been seconded already. Commissioner Grammer: Oh it has? Alright. • Mayor Salvino: Any more discussion? Bob Houston: Mr. Mayor, I have listened very. attentively to these pro- ceedings here. I sympathize with Mr. Neff, but,a lot of folks came up that I fired myself, with the assistance of a unanimous vote of the Commission. • And we•.never had objections from the citizens like we have here tonight. But what I am concerned with now is that you just fired a man, and then you bring him back in. You must .have. some charges against him At the time that you did it. And why you are bringing him back in is beyond my imagination. Now at the time that you were condidering applications for others for being City Manager, some time ago you had several applications. I am going to • call your attention to one. First I am going to say that what I think you need now is a man that has guts enough to stand up and take this job as it is described in the Charter, and when a'Commissioner is wrong, tell him he is wrong and report to the people on. these things. I might put you in a very embarrassing position Mayor,•but sometime ago this'man was discussed with me, with several Commissioners, and you were in a very embarrassing • position. You declined to go along with it. But at this time I am going to ask you pass the gavel and put in line for nomination of this man as City Manager for the City of.Dania, because I think he is,well=qualifi€d e. He knows his busiAess, he knows all phases of,government, he has had a lot of experience, and I feel satisfied that under the conditions we are working in the City here now he would make a very, very good man. And I ask you to pass the gavel to put in.nomination your brother Tony Salvino's name for City Manager for this town. City Attorney Walden: Mayor, you have a motion on the floor to dispose of first. �., Mayor Salvino: Any more discussion? Clerk, call the roll. t . r The roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes • Young Yes Unobia . Commissioner Zenobia: I wouldilike to say something before I vote. I voted to fire Mr. Culverson when he left here, but tonight as you all know . we are sitting here on the Sewer Project. Mr. Culverson,worked with it for 8 months. I am going to have to go along with voting Yes. • Joseph Thornton: Mr. Mayor, before you go any farther.... Commissioner Young: Would you get the roll completed please? He is completely out of order Frank. The roll call continued. M Salvino No Joseph Thornton: It is still not over and we can't hear it back here. You vote on it before we can finish our discussion. Mayor Salvino: I asked for discussion.. Joseph Thornton: Well, we"can't hear you back-here air. Bill Brooks: Joe you are ,just like me. Hush, they aren't hearing you. Button up your lip. • Joseph Thorton: lie should be able to hear what you are voting on there. You are voting. Mr. Neff: Mr. Mayor, may I make a remark please? • Mayor Salvino: Yes sir. Mr. Neff: Ladies and gentlemen, I would 'like to clarify.the record, in the fact that one Commissioner told me last Friday that I had the complete confidence of she and another Commissioner. I would like to make this a • matter of public record. I do not like to accuse. As I said before in my statement. I don't like to delve into petty politics, but somehow or another there was a change made between Friday and Monday, and I will allow the people of this community to draw their own conclusions. Commissioner Hill: Mayor, .may I comment please? I...evidently I am the party...I am the only "she" up here. I mean Commissioner, Mary, excuse • me. Mr. Neff, I did back you. You worked Very hard. I hold the highest regard for you. You worked very hard for Dania and I respect you for it. From the audience: Why didn't you give him your vote then? The Mayor rapped for order. • Commissioner Hill: When you were complaining about being harrassed, you were wondering what to do About it, I told you to pick them up bodily and throw them out the door, I was behind you. Did I not tell you that Mr. Neff? Mr. Neff: This is exactly what I did, and this is what started this action. Joseph Thornton: Mr. Mayor, may I still ask the question I asked a while ago? Before you finish this vote... From the audience: The vote. is finished. • JosephLThornton: We cannot hear you back here Mayor. Angie DiMauro: Can't you call the vote back so we can know what you are voting on? You can call the vote back Mayor. City Clerk Thornhill: The motion was a motion by Commissioner Young that a resolution be drawn and passed rehiring Lester E. Culverson for City Manager to serve at the pleasure of the Commission at a salary .of $9,000 per year and to waive the probationary period. And the vote was Grammer, Yes; Hill, . Yes; Young, Yes; Zenobia, Yes; and Salvino, No. Joseph Thornton: Well we did not get a chance of discussion on that when that started Mr. Mayor. Mayor Salvino: I asked anybody in the audience. _9_ 1. Joseph Thornton: You did on the other one, but not on this. • Angelo DiMauro: Not on this vote Mayor. Mayor Salvino: I did ask. Joseph Thornton: Well are we going to have a chance on discussion or not? Mayor Salvino: Joe, that motion has been recorded already, passed and recorded. Joseph Thornton: Might as well record it, that's all I have got to say about,it. No body got a chance to say a word about it. City Attorney Walden: May I suggest that you should go on with it? Mayor Salvino read asr.follows: Notice of hearing concerning the application of Thomas C. Callahan for the zoning of the North 400 feet of the E'k of the NWk of the NE'k of the NE'k of • Section 4-51-42 to a M-1 Classification. (8:20 P.M.) Commissioner Zenobia: What item is that Frank? Mayor Salvino: That is item 10. • City Attorney Walden read as-follows: Notice is hereby given that the City Commission, City of Dania, Florida, shall conduct a public hearing at the City Hall, Dania, Florida at 8:20 P.M. , March 15, 1965, concerning the application of Thomas C. Callahan for the zoning of the following described • ,property: The North 400 feet of the E} of the NWt of the NEk of the NE'k of Section 4-51-42 to a M-1 Classification. Said public hearing is being conducted for the purpose of con- sidering objections of the public to the adoption of an ordin- ance which, if adopted, will provide for the zoning of the above property as aforesaid. • All persons objecting to the adoption of said ordinance should appear at the aforesaid hearing to present their objections. Mr. Neff: Mr. Mayor, since the Commission-no longer desires my services, I would like to be excused from this meeting. I will say to the people of the City that if they want my service at any time I am available. • Mayor Salvino: Thank you Mr. Neff. From the audience: ' Mr. Mayor, may I say something please before Mr. Neff leaves? • Mayor Salvino: Yes. From the audience: I am Mr. Neff's former employer, and :I want to welcome him back into my firm, back where his honesty and integrity will not be questioned, and I can assure him his compensation will not be lessened. Thank you. A motion was made by Commissioner -Young that Mr. Neff be given a two week severance check. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commissioners voted as follows:. Grammer Yes • Hill Yes Youngq Yes Zenobia Yea Salvino Yes At this point, a 10 minute recess was called. Q : City Attorney Waldent Mr. Mayor, on Item #10 on the agenda, which concerned the application of Thomas C. Callahan zoning, I had read the notice and I believe the Clark had called for objections. Were there none Mrs. Thornhill. City Clerk, Mary Thornhillt No. I never heard any Mr. Walden. Of course, there was a lot of confusion. + City Attorney Walden: Well, you might call for them again. Mayor Salvino: Any objections? George Knoblock: Mr. Mayor, I don't wish to raise an objection, but I wish to ask a question. I was wondering where in the advertisement the address of the property involved was mentioned. City Attorney Walden: I don't believe it is mentioned. George Knoblock: Well I might call the Commissions attention that several months ago, this is perhaps the third or fourth time that I have brought it up, on these legal advertisements you passed a resolution several months ago ' that you would include the address so that the citizens would know where the property involved was located. They are not in a position to know that the first k quarter of the last 1/8th of the back 40 without the address. And I would like to request again that you do include the address or the approxi- mate address in the ad. 0 City Attorney Waldent It will be called whenever possible. Mayor Salvino: That will be called wherever possible Mr. Knoblock. George Knoblock: This was discussed once before and it was agreed. that it was always possible to say perhaps that property bounded between Znd and 3rd Street and 4th and 5th Avenue, or something to that extent anyhow. City Attorney Walden: If there are no objections, the zoning should be accomplished by an ordinance that I shall read by title: AN ORDINANCE zoniiig,the North 400 feet of the Ek of the NW'k of the NEk of the NE'k of Section 4, Township 51 South, Range 42 East, less the followings The West 150 feet and the North 35 feet and, the East 30 feet thereof; said lands situate, lying and being in Broward County, Florida to a M-1.Classification. . (First Reading) : Commissioner Zenobiat How many readings do we need on this Clarke? City Attorney Waldent It is an ordinance'"that needs three readings. But it is an area that has never had any classification. I am told that the applicant would like to push it through on soma kind of emergency. In the ordinary course it,'would require three readings. Commissioner Young: What does he attribute the emergency to Counselor? City Attorney Waldens ..I think the delay in closing a real estate transaction. Commissioner Young: Is there hardship or exceptional circumstances? Luther Sparkmant Mr. Mayor, speaking on behalf of the applicant, I am Luther Sparkman. I would like to say this is being purchased from the Braward County School Board, and there is a time element in getting the property zoned. The School Board has declared this surplus, and they went through the routine to get this declared surplus and get it on the surplus roll, and then they adver tised it for sale and Callahan has a deposit, contract to buy, and they re- quested that it be zoned as soon as possible. City Attorney Waldent You need a motion to pass an ordinance either on.first reading or declare an emergency and pago it on all three readings. -11� • r A motion was made by Commissioner Zenobia to pass it on first reading. • Commissioner Grammer: I would like to say this before this is seconded if I could. It could be discussed later. But being that he asked for an emergency I would like -to ask the Mayor to poll a vote of who would be in favor of this and I think we could pass it on ,just one reading. Because this is going to tie the man up another month at least. City Attorney Waldeni If you don't have a second, what you need is a motion to amend Mr. Zenobials motion... Commissioner Zenobia: If there is no second let someone else make a motion. Mayor'Salvino: Declare it dead for lack of a second. Commissioner Youngs Just where is this property? City Attorney Walden: Luther where is this I don't have a street address. Luther Sparkmant This is west of the water plant, the two pieces of • property that was in the County. If you want me fo come up I will show you a little plat that I just happened to have in my pocket. Commissioner Young: By mere chance, Luther Sparkman: Just be mere chance. I think this is the City of Dania • Water Works, this is the County. This is in the City Limits. This is the piece of property. Commissioner Youngt Luther how far is that from the actual school. grounds?, Luther Sparkmant About 200 feet. • Commissioner Grammart Does that take a motion to ask the Mayor to poll to see.... City Attorney Walden: On this emergency it moat be done by unanimous consent of all Commissioners present. And the proper motion would be that • the ordinance be passed on First, Second and Third readings because of the emergency, and by unanimous Consent. Commissioner Grammer: So moved. The motion was seconded by Commissioner Hill, and the roll being called, • the Commissioners voted as followat Grammer Yea Hill Yea Young Yes Zenobia Yes Salvino Yes 11. Bids: Purchase of the South seven inches (7") of Lot 11, Block 22, . . Town of Dania,. ' (800 P.M.) Mayor Salvinot Are there any more bids from the audience? • A motion was made by Commissioner Young that the bids be closed. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commie- sioners voted as follows: Grammer Yes ' Hill Yes . Young Yes Zenobia Yes Salvino Yes Commissioner Grammer: Here is a'.bid addressed to the City Commission. 'I would like to pass it on to the Mayor. r t 1 • t City Attorney Waldent You can open it now. That is the only one from Jordan. • City Clerk Nary Thornhill read as followat " City Commission, City of Dania, Florida:. Gentlemen: Please consider this our bid for the property as advertised, the South 7 inches of lot 11, Block 22, Town of Modello, now Dania, • according to the plat thereof recorded in Plat Book "B" page 49, Public Records of Dade County; said lands situate lying and being in Broward County, Florida. The lot recently purchased from the City by Jordan Furniture Company was valued at $100 per front foot by three appraisers employed by the City and the appraisers employed by Jordan Furniture Company. Therefore the value of the property a as advertised'is $58.33. Our bid price is $75.00 plus the adver- tising costs. Earnestly yours; Jordan Furniture Company, James J. MacMillan, " and a cashiers check enclosed in the amount of $75.00. That is the only bid we have, Mr. Mayor. • City Attorney Walden: If that bid is accaptable.you need a resolution drawn and passed accepting the bid of Jordan Furniture Co. Commissioner Youngs Clarke, who pays for the abstract? • City Attorney Waldent There is no agreement that the City furnishes an abstract, and you have some nominal stamps. I suggest that you make the $75, if the Commissioners are inclined to take the offer, to do soon the basis of $75 net. A motion was made by Commissioner.Young to adopt and pass a resolution • accepting the Jordan Furniture Company offer of $75.00 for the 7 inch plat declared surplus, with the provision that the $75.00 will be the net amount received by the City of Dania, and will have no other costs or expenses accrued. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commissioners voted as followst • Grammar Yes Hill Yes Young Yes Zenobia Yes Salvino Yes • 3. Minutes of meeting held February 18, 1965 to.be approved. A motion was made by Commissioner Young to approve the minutes as read. The motion was seconded by Commissioner Hill, and the roll being called, the Commissioners voted as followst • Grammer Yes Hill Yes Young Yes Zanobia Yes Salvino Yes 4. Ordinancet Regulating surfing at Dania Beach. (Third Reading) City Attorney Walden read as £ollowst AN ORDINANCE making it unlawful to engage in surf-riding on the Dania Beach, except in the area beginning 100 feet North of the Municipally • owned Fishing Pier owned by City of Dania, Florida, the Dania Beach, Dania, Florida, and extending therefrdm to the Northern extremity of the Dania Beach, Dania, Florida, and providing that surf-riding any- where along the Dania Beach shall be unlawful if done in a careless, negligent, wreckless or dangerous. mannar) and providing that all -. ordinances or parts of ordinances in conflict herewith be repealed to the extent of such conflict and providing that this ordinance shall become effective as of its passage and adoption on third reading. • -13- IN t, City Attorney Waldent Gentlemen, this is an ordinance where there have been • several suggested changes on it, but this to my understanding is the final change on it. Surf-riding is permitted in the Northern part of the beach beginning 100 feet North of the pier. I put a "catch-all" provision in it that if it is done even in that area in a dangerous manner then the ordin- ance is violated. • Commissioner Youngt Isthere a specific penalty. City Attorney Waldent No. Commissioner Youngs Under general duress?. City Attorney Waldent Right. A motion was made by Commissioner Zenobia that the ordinance be passed on third and final reading. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as followst Grammer Yes • Hill Yea Young Yea Zanobia Yes Salvino Yes • 5. Ordinancet Changing the zoning from B-2 to C-1 Classification, a portion of the NWk of the SE'k of Section 27-50-42. (Second Reading) AN ORDINANCE rezoning that portion of the Northwest 'k of the SE} of Section 27, Township 50 South, Range 42 East, described as follows: Commencing at the intersection of the East right-of-way line of • Florida East Coast Railroad and the South line of the NWk of the SE'k of said South Line of the NWk of- the SE'y a distance of 335.29 feet to the point of beginning from B-2 Classification to C-1 Classification. City Attorney Waldent The legal ad I believe on this one showed the pro- ximity I believe as North of the Viking Restaurant. Second reading. So you just make a motion that the ordinance be passed on second reading. Commissioner Grammert. Clarke before we pass this on second reading, you know where the 30 feet that he was going to give for right-of-way..... • Building Inspector Lindemant Excuse me, they were only going to rezone a 150 foot depth. City Attorney Waldent Re has not given it to me) has he given it to you Charlie? Building Inspector Lindeman: It is' in the minutes of'the Zoning Board. City Attorney Waldent Well It:think at the last meeting there was some condition agreed upon by Robert Butler, and it.is part of the motion. A motion was made by Commissioner Grammer to pass the ordinance on second reading with the same condition that was in the first, that the county gives the right-of-way for 30 feet. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as followst Grammer Yes Hill Yes • Young Yes Zenob a Yea Salvino Yes 7. Application for 2 COP License. Sam Calcagno, 601 South Federal Highway. (Second Reading) Commissionor Grammert How many readings does this take? Two? Did you check this out Chief? ris Chief Smitht Yes, ® A motion was made by Commissioner Grammar to pass on second and final reading. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commissioners voted as followat Grammer Yes Hill Yea • Young Yes Zenobia Yes Salvino Yes 7. Application for transfer of 4 COP License. From Martin, Inc. Banyan Club, 908 North Federal Highway to Edart, Inc. (First Reading) • Item #7 withdrawn. 8. Public Hearing for objections to the Assessment List covering Local Improvement No. 5-64., being the paving of SW 4th Street, from Phippen Road to S.W. 4th Court; SW 4th Court, from SW 4th To SW • 3rd Street;' 3W 3rd Street, from Phippen Road to BE riot; SW 2nd Place, from Phippaa Road to RR r/w. Resolutiont. Approving and confirming the Assessment List. NOTICE IS HEREBY GIVEN that the assessment list covering Local Improvement No. 5-64, being the paving 6f SW 4th Street, from Phippen Road to SW 4th'Court; SW 4th Court, from SW 4th Street to SW 3rd Street; SW 3rd Street, from Phippen Road to RR right- of-Way; SW 2nd Place, from Phippen Road to RR right-of-way; has bean delivered to the. City Auditor and Clerk and'is open for inspection at the office of the City Auditor and Clerk.in the • City Hall, City of Dania, Florida. The City Commission will meet in the City Hall, City of Dania, Florida, at 8:00 olclock, P.M. on the 15th Day of March, 1965, to hear and determine any objections or defenses that may be filed to such assessments or the amount thereof. • City Attorney Waldent I believe you ought to call for any objections. Commissioner Grammars. I am not objdcting to the price of the assessment, but I am listed down here in a certain-section the Subdivision of Victory Heights, Lot 23 or 24. But I don't own that lot, so I am going to object to that, because I am not going to pay it if I don't own it.. City Clerk Thornhillt There were two of them there. Commissioner Grammars Yesy the one I do own. I owned this piece of property at one time'') but it has been about 3 years since I owned that place of property. Mayor Salvino: Clerk, record no objections. No objections. City Attorney Waldent Now Mr. Mayor, on that one we need a resolution approving and confirming the Special Assessments for the construction of �. local improvement No. 5464 and determining the method of payment thereof, repealing all resolutions in conflict herewith. It will take a motion':to pass this resolution approving and confirming the list. A motion was made by Commissioner Young to pass a resolution approving and confirming the Assessment List with the usual 30 day provision. The motion was seconded by Commissioner Zenobia. , Commissioner Grammert I would like to ask, each person listed here will be sent a bill, right? City Attorney Walden: It is. -15- The roll being called, the Commissioners voted as follows: A Grammer Yes S Hill Yes Young Yea Zenobia Yes Salvino Yes • 9. Public Hearing for objections to the Assessment List covering Local Improvement No. 6-64, being the paving of SW Second Terraca, from Phippen Road to RR r/w; and SW Seventh Terrace, from Phippen Road to RR r/w. • Resolutiont Approving and confirming the Assessment List. NOTICE IS HERESY GIVEN that the assessment list covering local Improvement No. 6-641 being the paving of S.W. 2nd Terrace, from Phippen Road to RR right-of-way, and SW 7th Terrace from Phippen Road to RR right-of-way has been delivered to the City Auditor • and Clerk and is open for inspection at the office,of the City Auditor and Clerk in the City Hall, City of Dania, Florida. The City Commission will meet. in the City Hall, City of Dania, Florida, at 8100 o'clock P.X, on the 15th day of Marche 1965, to hear and determine any objections or defenses that may be filed to such assessments or the amount thereof. Mayor Salvinot Anybody in the audience have any objectiona2 Elmer Nitsche; 271 S. W. 8th Street: I own some property up there, and also I am here on behalf of my brother. When it came up for objections when it started I objected at that time that the cost would be too high. . • Also I stated at that time that they should make some sort of place out there where a person could turn around, by moving the feass. Now if I remember right the man said that it would be very reasonable. Now when this advertisement came up I called the City Hall and asked for the City Manager. I waited for three days, didn't get a call, or an answer, and I finally called back to the girl and dhe said that she had delivered to O the City Manager the message, but she didn't know why he didn't answer. So I finally got to talk to Mrs. Thornhill. I would like a little infor- mation on it. One of the first things I would like to know is how long is it even after you pay the, intereat on it, how long a time do you have to pay for it. The next question is, I think she told me that this one that you just put through is $1.79 a foot, running foot, and this mint- that we are now looking at was $2.38 or .37, which is a .580 raise from $1.79. Now I remember when the bids went through, and if I am wrong,I want somebody to correct ma, there was only one. bid. And you let it at the same time that you opened the bid on some trucks. And I remember the Mayor saying rRfer this to the proper;:Ruthorities to check into it, and so forth. And nothing happened, they went ahead and told them to A put it in. I don't think anybody ch&cked on this enormous raise, which is over 31%. I can't see how one payment can be put in at one figure, and the next can be 31% higher. There is certainly something wrong here someplace. Those are the questions I would like to have answered why. I know you all voted on it, all five. This first one was in. This was in when I got here in October. This other contract was finished on a Friday. Not the following Monday, but the' week after it was up here in order to be paid. In other words, within ten days from .the time the guys got through laying the hot stuff, they ordered it paid.and I remember Commissioner Young questioning that. Do you remember ,Commissioner Young? Commissioner Young: Yes gir, Mr. Nitschev I remember. In fact, I even • mentioned at the time,tif:. it wasn't profitable for us to move the fence back so the radius would be a little larger to turn around. Commissioner Zenobia: Elmer, the 'only explanation I can give you on that this was a smaller contract than the first one. The first one was a larger contract and they give you a cheaper price per yard. That is the only ex- planation I can give you. Elmer Nitsche: In other words, who is going to worry about this. This ishtt ® in bad shape. It isn't like dawn here on the Dixie where we have a lot of holes, but the people did ask for street. I object to more footage than you have on your petition. In other words, we had more feet on the stuff that I objected to, than we have on the petition. You rushed straight through, and nobody paid any attention and so we pay it. In other words this as I said at that time is going to cost me and my brother between 5 and 6 hundred dollars, y. and if Mary figures up the bill she will find that the two assessments will be T between 5 and 6 hundred dollars. And at that particular time I was told that I didn't know what I was talking about. Commissioner Young: Elmer, who was it told you that you didn't know what you were talking about? Elmer Nitsche: Well in other words, the answer was, there is another street going in there and you didn't take into consideration that. Nov that means that I didn't realize what I was talking about: City Attorney Waldent On that part of it, if you within 30 days after the adoption of this resolution, the City to my knowledge has never foreclosed, but the city does have a right to foreclose, bearing interest at 67.. Elmer Nitsche: In other words, the City so far has never taken action on a lot to collect 6%. City Attorney Walden: They have never filed a suit. Elmer Nitsche: Well, I won't pay it then. City Attorney Walden: I think Mrs. Thornhill should note Mr. Nitschels objections, than the City can still pass a _resolution approving and confirm- • Ing the Assessment list. I will read it to you. A RESOLUTION confirming and approving the Special Assessments for the construction of local improvement No, 6r64 securing the methods of payment. Commissioner Zenobia: In other words, we just disregard any objections? City Attorney Waldeni If you feel that some adjustment is in order you can makd it. Now the only requirement of the taxpayer is that if he does object he appear here and voice his objection Bo that he will not.prejudice himself in any legal action that he might bring, or that the City might bring in fore- closing on him. As the records show, he showed up here and objected. A motion was made by Commissioner Zenobia to draw and adopt a resolution approving the Assessment List, Commissioner Young: The usual method of payment? Commissioner Zenobia: The usual method. Commissioner Youngs Well I will second that. I guess I don't have much choice. The roll being called, the Commiasioners voted as follows: Grammar Yes Hill Yes Young Yea Zenobia Yes Salvino Yea Commissioner Young: No special action is needed on the City, the City has two lots involved there? t" City Clerk Thornhilli Yes air, where the Water Tower is. Commissioner Youngi Do you journalize those off? 'h5L 1w. 1; City Clerk Thornhill: Yes sir, if you will note on the copy that I gave ® you Mr. Young. The City pays for intersections and city owned property. It amounts to a little over $200 I believe. 12. Mrs. Lamberti: Re: Ball field at Frost Park. City Clerk Thornhill: Do you want the letters read Mrs. Lambarti? • Mrs. Lambertit Yes, I want to hear it. City Clerk Thornhill read as followat "City Manager Neff, Mayor Salvino, Commissioners Grammar, Hill, Young, and Zenobia: Gentlement We have been property owners in Dania for the past 8 years and have owned our home at 122 N.E. 2nd Avenua, adjacent to Frost Park for the past 5 years. Since Frost Park has been made into a ball field, the noise has become unbearable. For this reason I respectfully request aadzurge that as our City Officials you gentlemen will take proper action to alleviate this situation. May we suggest that if this noise, such as spectators hollering, and so forth, can not be held to a mrntemm that the City take mediate proper action to have the bleachers and diamond moved farther back from the residential area. Very truly, yours, Mr. & Mrs. Alfonso Lambarti" City Clerk Thorlhillt Did you want the other one read too? Mrs. Lambertit Bead the other one too. City Clerk Thornhillt Which one, the one to Mayor Vera Hill? Mrs. Lambertit Yes, that one was written last year. City Clerk Thornhillt This -is one dated January 60 1964, addressed to "Mayor Hill, City Manager, and Commissioners: Please read this letter to the Commissioners as we will be there at the meeting. We have been residents for a long timeb but find it necessary at this tima.to call to your attention a serious situation that has arisen around our home. We live next to Frost Park, and for the past.several months the baseball games are becoming a complete problem to us.`- We built our home in Dania around the middle of 1960 upon the recommendation of our Doctor McCord. Our doctor suggested because of our health we move to South Florida and live a peaceful life in a quiet atmosphere. We have invested our life savings in this home and we are hoping to maintain that sort of living. However, in the past the games and baseball activities have increased with loud screaming, .pnblic addressrsystems, and even more recently - drums. We have contacted some of the people there to refrain from noises but were given only insults and sarcastic 4., remarks. There are even times when the young people or partici- pants at the ball park trespassed upon our shrubery, chased balls in our yard, and also offered insults when we make remarks to them. We are not only annoyed about these noises, but they are seriously impairing our health, especially as these actifities are taking place both night and day. We sincerely hope that you can do something about this as soon as possible, and if you want to investigate further, you will find that neighbors in the mediate vicinity will complain accordingly. Please advise net and with kindest regards we are.very truly yours, Mr: & Mrs. Alfonso Lamberti 122 N. E. 2nd Avenue, Dania " Mrs. Lambertit Now you all know what this is all about Mr. Young, Mrs. Hill, 4r: Salvino, and Mr. Grammer. You built my home remember? And it was nice and quiet there, there was none of this activity over there. F^ , Commissioner Grammars Now let's get the records straight, there was activity over there. • Mrs. Lambertit Yea, but not as much. The lights were up after we built our home there. Everything was done after we built our home. Commissioner Grammars No it was not because that ball field was there at the time that I built your home. Mrs. Lamberti: The sign it said City Park, now it has even got horses in there, back riding. They have dogs, horses, and everything in there. They make a mesa out of that place. Really. You should take that into consider- ation. We are old people and we want to live happily together and none of this stuff. . One boy came after my husband with a bat, and wanted to hit • him because he wanted that ball in my yard, Jumping fences. That's not right. Jumping fences is against the law and he can tell you. Now I'm not S the only one complaining, there are three or four of them over here. You can ask them, they hear all the noises. Just ask them. Coma on, get up and talk. I know you woitldn't like all this noise in back of your house, none of you. • Mayor Salvino' Suppose the bleachers ware moved. Would that help any? Commissioner Zenobiat I don't know of any place you could move them to. Mayor Salvinot Isn't it possible to move the bleachers at all? • Commissioner Zenobiat Not and see the game. Commissioner Youngs The bleachers were checked out, and I am going to say this in all fairness, I have the utmost respect for our Senior Citizens and their right to peace harmony and happiness, and I have never taken any • other attitude. Mrs. Lambertit That's right. Commissioner Youngs And by the same token, I have soma boys of my own and I like to see them happy. • Mrs. Lamberti: That's right. Commissioner Youngs And about a year ago I made a recommendation that the . diamond be moved to the Northeast area, which would be away from the popu- lated area, and then I was told that that was impossible. Now in the last • few days the area to the North was measured for bleachers. The bleachers are 22 feet in width, and it is only 24 feet from the fence to the middle of third base. I'm talking about how deep they are, the width would be no problem, but a bleacher that would be within 2 feet of third base would endanger the lives of runners or.... • Mrs. Lambertit Well, couldn't you make new bleachers instead of using them? They are in just sections piece by piece, you could make two of those. There are too many bleachers there for so many people. Commissioner Young: It isn't the actual width, it is the depth, where your trouble comes in. Because 22 feet would only leave, actually it would leave less than 2 feet between the third base bag and the bleachers which would be very dangerous for the spectators as well as the people who are playing in the game. That was measured. Frankly I' was hoping a solution could be worked out to that respect. Commissionez.Hillt When we got your letter last year Chief Smith went over 0 there and the loudspeaker was turned down. So I think they did make an effort to keep the loudspeaker turned down and be a little more quiet. Mrs. Lambertit Yee, but what about.the hollering? Commissioner Hills Well I imagine it is out of hand again, x don't know Mrs. • Lamberti. Chief Smiths We don't use any loudspeakers over there. -19- Mrs. Lambertit I know, but it is loud enough for us to hear it. • Commissioner Hillt We want over and you said that it was better. Now you called me the:othei day andrmade your complaint again, and I told the City Manager to contact us and meet over there, and I have not heard from the City Manager yet. Mrs. Dicideaut Excuse me, but I saw about 15 of those uniformed boys hanging over the fence threatening to whip Mr. Lamberti, and they pulled up herk:shrubs. We bought that property there before any ball ground was made. We don't bother a soul. But the Optimist Club came along and they took it over and they made a ball field out of it, and people come over there and stomp and danco and yell. It is an awful place. Commissioner Grammart I would like to say this Mayor, I don't have no solution to this. I wish I did have, but Frost Park was dedicated as a park. Mrs. Lambertit A walking park. • Commissioner Grammer: No. It was dedicated as a City Park. Mrs. Lambertit That's right, City Park. Not a ball field. Commissioner Grammert Are you through now? I would like to say what I • would like to say. It was dedicated as a City Park, and our children now donxh have enough recreation in this city. Now the shuffle boards down there, they are more or less ruled off of those to.tha Senior Citizen. And I think the smaller children deserve a park more than the grown people do. • Mrs. Dicideaut You spend the Cities money and our money on anything that you want yourself, or for the benefit of something you saw fit. Now you throw enough money away:.and you squander it... Mrs. Lambertit That's right. Robert LaCroixt Mr. Mayor, I would like to say something about that. This lady keeps bringing up the Optimist Club does this and the Optimist Club does that, throwing money away and squandering money. I would like to know what these people sitting here, and this gentleman especially, has done with 30 or 40 balls that probably cost the.Optimist Club $150.00. I want to know if they have ever sprouted baseball trees. Mrs. Dicideaut They have no business to come on my property. Robert LaCroix: If I was a kid and you took my baseball, I would come over the fence with a baseball bat after you tool Chester Byrdt. Mr. Mayor, I would like to say something. I can understand this ladies plank there. I can understand, and I sympathize with her. I am making this statement not being facetious or not being funny, but I think we should give her a little relief. And if moving the ball park... we will graciously take it over here if you want to move the ball park. We are hare'seeking a ball field, and we will graciously take that one, I think you need"soma relief. We will take the park over on the West Side. Mrs. Lambertit That's right. Take it over there. Something has to be done. If they want the park they can have it. Chief Smitht I would like to say that on behalf of the Police Department, • we will make every effort possible to keep the noise down. There won't be any loudspeakers there. I will have an officer there every game to see that these people are not disturbed if that will help any at all. I will have an officer there to see... Mrs. Lambertit Mr. Smith, it won't help because you saw yourself when they • weren't around the boys did a lot. -20- s . Chief Smitht I am talking about while the ball games are in session. • Commissioner Zenobiat Mr. Mayor, I would like to make a motion that this be turned over to the recreation committee for study. Mrs. Lambertit Yes, I know who he is, he was there too. Commissioner Zenobiat There are three members on the Recreation Committee, Mrs. Lamberti. Commissioner Hillt Aren't we in the,procass of getting a net to alleviate some of this? Is it on order? • Richard Dickersont The poles are up apd we are waiting for a price on the net. a Commissioner Young: You are supposed to have three guy wires there aren't you? • Richard Dickerson: The guy wires are over home plate so any foul balls will be caught in the net. Commissioner Youngs Mayor why can't you check and nee if the bleachers' could be cut down a little bitZ • Mrs. Lambertit They could be cut down. Mayor Salvino: I'll appoint a Committee of you, Commissioner Grammer and Commissioner Hill. Commissioner Youngs. I have a boy seven years old, if he is playing base- 0 ball and he hit a homerun I would be Jumping up and dawn too. Commissioner Grammer: Well I don't know if the three Commissioners that he named are on the recreation committee, I definitely think 'the three Commissioners on the Recreation Committee should be on this Committee. • Mayor Salvino: I refer it to the Recreation Committee, to check into it. Commissioner Young: Would the recreation committee also check into it to see if the bleachers couldibe shortened a little bit in depth so that maybe they could be put on the North side of,the`field? I mean that certainly wouldn't interfere with the parents, they still would have the seating • capacity. Commissioner Grammer: Not if they are shortened they wouldn't. We will be glad to, check it. Commissioner Young: Frankly that is all you can dog I mean right now. • Mrs. Lambertii I want to know right now yes or no. I want to know right now if it can be done. Commissioner Grammer: What's that Mrs. Lamberti. • Mrs. Lamberti: I said Mr. Grammer, I want to know right now if it can be done. Commissioner Grammars: What can be done? Mrs. Lambetti: To move the seats. . • Commissioner Grammer: To move the seats? I cannot answer you myself. Mrs. Lamberti: Yes, and then when you all get ttogether you will say no. Commissioner Youngi If you cut off a' couple of bottom steps or something like that, maybe that would help. Maybe it can't be done. �5 0 • Mrs. Lambertii You never answered me. Commissioner Grammert And I am not answering you now Mrs. Lamberti, because I dou!.t know. Ad the Mayor says, I am on that Committee, I will be glad to check. That's all I can do. Mrs. Lambertit Why don't you all get together and check? Commissioner Grammert All get together? Mrs. Lambertit Of course. Get Mr. Young, Mrs. Hill, Mr. Salvino and you and Mr. Zenobia here. Get all together and check on it. Commissioner Grammars Mrs. Lamberti, if the Commissionars want to come there with me to check.... Mrs. Lambertii They will come. Commissioner Hilli We will Mrs. Lamberti. Mayor Salvinot Mrs.' Lamberti, we will check it out. We will take care of it. Mrs. Lambertii Thank you very much; 13. Clyde Congers Re: Wake of boats on Dania Cut-off Canal. Clyde Congert. I'm sure all of you know me, but I would like to have you meet Mr. McNeil, and I am sure you know Mr. Berkeley Florian over there. He is the developer of Florian Isles, and I Am the developer of Shelter Islands. Between us we have about 2000 feet of sea wall,"which we are constantly repair- ing. I repaired Mr. McNeil's wall three months ago. It requires another $500 repair job right now' It seems that the biggebt offenders of this...we have an ordinance in Dania, but nobody enforces it, and we don't even have a sign at the West End of Dania to slow down. The only sign that we got is down here by the boat yard. But these boats are constantly causing monetary damage. And we do have a "no wake" ordinance. But at the West End of loth Street there isn't even the first sign to have the boats slow down. Now I have to and Mr. Florian how many times have you repaired your sea wall? Mr. Florian: I have three walla in one place. I have repaired the walls at least 10 times since I have been out here. Clyde Congers What we are here for....we are not in an argument with anybody first of all. What we would like to see if two big signs, one on each side of the canal "WARNING - You must blow down - no wake" enforced. We have got the ordinance, why don't we enforce it? Mr. McNeil: Further than that, if I might add, this is a very dangerous situation. There were two kids thrown out of a skiff out there yesterday. They were traveling at a.high rate of speed and they hit this floating timber which very possibly was p$lled down by soma of these high wakes "from the bank. Very possible, there is an awful lot of trash and so forth in there. This one kid got hit right in the stomach with the prop of the outboard. And fortunately he didn't get seriously hurt, but these boats that race up and down there... believe me they race up and down there....and you come out of these little canals and you can't see them, and they cant stop. It is a very very dangerous situation. Our suggestion is this, that you put a couple of signs up. Put a dolphin pole on both sides of the canal, a big 8 % 10 sign "Next 2 miles - No wake". We could have had more people up' here Frank' on this same subject, because DePadro and Dania Marina and Cozy Cove Marina and all that, they-are all complaining. And they have their own signs out there "No wake" , but it seems that one time we had auxiliary Police. We had at one time a boat desig- nated to patrol the canal, but right now we have an ordinance sign, but it is way down here on the other side of.Federal Highway and when they hit Dania they just keep right on going,, and biggest offenders, you would be surprised, there is one boat that pushes a 4 foot bow wave and a 6 foot stern wave, and when that stuff starts to work back and forth, you haven't got.a sea wall in the world that can stand up for it. - -22 Mayor Salvino: Chief will you check into that with Mr. Conger and put signs where they are supposed to be put? • Mr. Congers Frank, the worst offenders are these Sight-seeing Boats. Mr. McNeil want::out and started taking movies of the wash that they are throwing. When they saw him with a movie camera in his hand, boy,you would be surprised, they slowed down just like that. Now I have got a $500 repair job on his sea wall in just three months. • Commissioner Hill: Is this every day during the week, or is this just ' over the weekend? Mr. Congers Every day they start at quarter to l2100 and they keep on coming by until about 1200. Then they start about 3t00 in the afternoon • and they keep on coming by until 3:30. Now I leave at least 2,000 feet from the Danis Canal, on a aide canal. When one of these boats go by my boat at my own dock raises a foot and a half,. and then goes down again. Now can you imagine what that does to the sea wall? Commissioner Rill: Maybe you will remember one'day the Mayor and I were • down there speaking to Mr. DePadro about it. Mr. DePadro made the sugges- tion, which I think is a very good one, that the City look into purchasing a patrol boat to patrol the canal in this section where you have your pro- blem. Frank did you speak to the City Manager about that at all?. Mayor Salvino: No, I didn't. • Mr. Conger: I think Mr. DePadro at one time offered to furnish a boat and the gasoline. All you had to do was furnish the man to patrol` it. But if you are going to make this ordinance stick you are going to have to give some of these boys gickets, • Mayor. Salvinot Well I will tell you what to do. Work with the Chief on that and the Chief will bring his report back. Mr. Congert Well he can come out there at any noon and I can show it to you. Chief Smitht I will contact you tomorrow morning. • 14. Boisey Waiterst Rai Improvements at Went Side Park. Boisey Waiters: Good evening Mayor, Commissioners, it seems most ironic tonight that we have people here complain in about recreation. We are here to argue for it. In view of the events that transpired, I think perhaps, • and I am very tempted to, postpone our discussion until another time, but I think we can cover briefly what we have in mind. My action first...what has the Recreation Committee decided about doing for improvement of West Side Park? We know,that there was $5,000 allocated last year in last year's budget for improving the park, but we can't see any evidence where any improvements have been made-in the last year. Now we know that school will • be out in about three months.. And there wont be anything done to alleviate the situation that we have now. , So I am asking the Commission to go on record about doing something instead of sitting around waiting until school closes for this situation we have on West Side Park. Not only Want Side Park, but all the parks in the City. • Commissioner Grammars I would like to answer Mr. Waiters on this. To go back about 6 weeks ago, our Recreation Supervisor from West Side Park and also Frost Park gave me a list, .and at that time I asked would it take a motion to get this work done. And the City Manager said at that time that he would take care of it. Now this has been 6 weeks ago. And as far as the Recreation Committee, or the Commission as a whole, all that we can do • is pass motions or resolutions, we.cannot give direct orders to the City. Manager. But it was told to us at that time that these little items would be taken care of. And I am also agreeing with you that I haven't seen any 1 of the items except the dirt, and I think at,that time Commissioner Young made the statement that we had already ordered the dirt anyway. Or one of the Commissioners did. That has been taken care of. I.know the fence at • West Side Park at this time in still laying down on the ground. There were , +s. -23_ swings that should have bean put up there. But like the statement that was made before the man left, he throw me out bodily, but that was the • understatement of the year, because I never felt it if he threw me out bodily, but he threw me out by not co-operating with me, I will say that. Commissioner Zenobiat I would like to say that about two or three meetings ago, it is on the record, I brought this same thing up about West Side Park, and the City Manager assured me that it would be taken care of immediately. ® But as you know, there is nothing been done. Commissioner Young: Commissioner, if my memory is correct, we were supposed to get a report back, it was supposed to cover a myriad of things including bleachers, fences, swings, othor playground equipment, which we didn't get back. • Comraiasioner Zenobia: That's right, and I know that these things have been given to the City Manager because I had a copy of them, from both parks. And going back to the beginning of the meeting; this is one of the reasons that we had before. • Chester Byrd; Now gentlemen, and Mrs. Hill, we have been here before talking about these same things. We have sat as aoHuman Relations Committee, and we have worked with some of you all. And we have gotten complete agreement every time. But something happens along the way, it never gets done. We never see any results. We can go back to the minutes and find out where we have decided to hire a lady in the park, besides that additional lights, besides a lot of • things. You are going to do it. But it gets bogged up somewhere and never gets done. We have tried all the methods that we know now short of something to the extremes to get something done. We don't seem to get anything done. I don't know what is wrong. Maybe, I dont know what needs to be done now, but every time we come you say we will do it, but it never gets done. A new Commissioner, an old Commissioner, one just coming in, one that has been in, • they are going to do it. Commissioner Youngs One going out. Chester Byrd: I want to go on record here publically in saying this now that unless something is done, and I say this very truthfully, whatever I • can do to get somebody on the Commission that will do the things that the City needs to have done, I will do it. Because we have been promised too long, and this is no time now for promises. And this is not a thing that just happened tonight, or last year, but you know this thing has been going on year and year, year in and year out. I wish you would get ahead with the business of providing something for West Side Park as we have at the other parks at the City;, Give us something to play with, we are not going to save all the kids, but we 'eertainly can save a few if we have something to save them with. As Commissioner Young said, I have a couple of boys myself. I certainly would like to gee them hit a home run. I certainly would like to see them have the opportunity to hit a home run. They might never hit one, but I certainly would like for them to have the opportunity to hit one. As it is now, we donOt have the opportunity. Chief Smith has given us quite a bit of co-operation. But we.can't play on the sand we have got to have something to play with, and other things that are sound the park. We need these things also. What.1 am getting at is this;..the promises that go on'and on and.on like a broken record, they go on and on. This is something that I donl;t quite understand. Why do. we make all of .A these promises? While we are on this...we are getting...we have gotten a new City Manager, and I can say this much about the City Manager, I doalt feel I should keep it a secret or anything, but we never got any ,co-opera= tion when he was in the office before, so I am not led to believe that we will get any co-operation from him now. This is what I know, I am not talking about something that I heard, but I know this. And unless he has • changed we will not get any co-operation from him. So really I am not looking for what we are asking for now. I am really not expecting to get what we are asking for now, but maybe in.years to come I can say that my conscience is clear that I did try to do something for my kids. But he has never co-operated with us before. They say he will, I hope he will. Boisey Waiters: Any comments Mrs. Hill? Commissioner Hill: We will try again boys. -24- • 0 Boisey Waiterst Alright, thank you for your time. ® 15. Bills for the month of February to be approved for payment, Commissioner Youngt, City Clerk, are the bills all in order? City Clerk Mary Thornhill: I think so Mr. Young. ® A motion was made by Commissioner Young that, on the recommendation of the City Clerk-Auditor, the bills be authorized for payment. 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 • 16. Recommendation from the March 9 meeting of the Planning and Zoning' Board. 1. Application of Louis Marron for a variance permit to build a marina. • City Attorney Walden: After two pages of discussion I believe the Zoning Board made a recommendation that the variance be granted. If the Commis- sion sees fit to accept the recommendation it could legally grant the vari- ance tonight. I do tell you that it has been the custom and policy of the Commission over the years to have another hearing before the Commission in this type situation. The only reason I mention it is that if you,are going • to have a public hearing I will not read the long minutes. If you don't know, then I will be glad to read them. If you think you are going to have the public hearing there is nothing to gain by having the long reading tonight. Commissioner Grammer: Is the person here who is asking for this? I would • like to ask him does he want us to rule on this, or does he want a public hearing? Louis Marron: Whatever the Commission:.would care to do is alright with me. Whatever you decide. Commissioner Young: Do you have complete plans? Louis Marron: .Yes I do, I have them right here. Commissioner Youngt A plotted plan as well as drawings? • Louis Marron:. I have. Commissioner Youngt I think gentlemen, in all fairness, I mean he is right next to a church, he is right next to a lot of beautiful homes, I think the citizens are entitled to a public hearing. Commissioner Gramtert Well I think they are entitled to it too, but we have a petition-that was given here to me tonight. Some of the peoples names are down there. I think most people know about it. I think the people are in- formed about what the gentleman is asking for, but as far as,,I am concerned, if the man wants a public hearing, then naturally he is entitled to a public hearing. But if he wants a ruling on it, I _think he can get that too. Louis Marrone: How many names on the petition? From audience: 18. There are 16 on that particular copy that you have there, but there are others that asked to be put on it. . A motion was made by Commissioner Young to authorize a publicahearing, to be held at 8:15 P.M., on April 5, for the purpose of allowing the rest to argue -25- �:.. •y their point, and give Mr. Marrone the opportunity,to argue his point. The ® motion was seconded by Commissioner Zenobia, and the roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes • Zenobia Yes Salvino Yes 2. Chester Byrd - Representing property owners in SW Section Dania, between Stirling Rd and Si 4th St., request parcel of land-, to be rezoned from R-3 to R-1t All that part of W'k of Ek, of NWk • of NW'k of Section 3, Township 51 South, Range 42 East, lying S of the S line of Block 3, COLLEGE HOMESITES, N of the N right-of- way line of the SW 3rd St College tract, 2nd Add., W of the west right-of-way line of Phippen Road. Mr. Sparkman stated that he believed the legal description of the • area to be in error. Said he understood that the request was for re-zoning of that portion that is now R-3. Would like to check out the legal description. Mrs. Panella made a motion to recommend that hearing be held on April 13, 7:45, for the purpose of hearing request for re-zoning • on a portion of COLLEGE TRACT from R-3 to R-1. Seconded by Mr. DiMauro and unanimously passed by roll call vote. City Attorney Waldent All you have to do tonight, gentlemen, is pass a resolution authorizing that hearing. • A motion was made by Commissioner Young to authorize the public hearing before the Planning and Zoning Board per their request. The motion was seconded by Commissioner Hill, and the roll being called, the Commis- sioners voted as followst Grammer Yea Hill Yes Young Yes Zenobia Yea Salvino Yes City Attorney Waldent I believe that is all on the Zoning Board. • Building Inspector Lindemant There is one more item Mr. Walden. There being no further apparent business on the agenda, meeting was adfourned; but then reopened to hear request of R..K. Giesel's request for change in zoning of Lots 1 thru 7 inclusive, Block 1, North Dania Heights from present R-3 to B-1 for business fronting on SW Second St., (Stirling Road) only. Mr. Kennedy made a motion to recommend that hearing be granted to be held on the 13th of April for R. K. Geiselta request. Seconded by Mrs. Panells. Motion carried unanimously by roll call vote. A motion was made by Commissioner Young to authorize the Public Hearing before the Planning and Zoning Board per their request. The motion was seconded by Commissioner Zenobia, and the roll being called, the Commis- sioners voted as followas • Grammer; Yea Hill Yes Young Yea Zenobia Yes Salvino Yes • 17. Public Hearing on proposed Charter Changes.. -26- City Attorney Waldent Mr. Mayor, on the proposed Charter changes I have written it letter, outlining in general rather than going into the details • of the law. (At this point City Attorney Walden read the letter, a copy of which is attached to and made a part of these minutes.) Mayor Salvinot Any objections? From the audiences May I ask are we going to have a chance to vote on this? • City Attorney Waldent No ma'am. Same womant Well, after this disgraceful act tonight I think the people of Dania ought to have a chance to vote. I wouldn't want Commissioners in for four years after what happgned tonight. • Mr. Houston: Mr. Mayor, I think that this is a hearing on the Charter changes. This is the first time that I have had an opportunity to hear what they are. Many people I believe got tired of waiting, and I know that there should be more people acquainted with this. I would like to have the chance to tell you that on the Charter changes to let the record show that there are abjec- • tions here tonight on the Charter changes. Mayor Salvinot Anybody else in the audience? Mrs. Franklint I also would like to object because if a Commissioner is in- efficient or doesn't live up to his responsibility, what chance do we have. • We need a Commissioner who is unafraid to get up and declare himself in office, and one who is looking out for the people and not himself or his special interests. I think this is very important that we have people like that. Mayor Salvino: Any more 'objections7 • Boisy+Waiterst Yes, I would like to see it worked out in districts, whereby we have representAtivess Mellalucca Gardens, South Dania, West Dania, and% the Eastern Part. Now if we want to include these things in the legislation.. I mean go before the legislation this year, these things should be considered further. I believe there are more things that should be added to the Charter before the legislation convenes. I haven't seen anything at all about annexa- tion. We need additional property. I think all of you are aware of this. We are sitting inactive and not going anywhere instead of going foreward. City Attorney Waldent Let me say this...the law requires that the intention to ask for these things be published 30 days before the legislature can do anything. So we can wait another month or so before running the risk of • time running out. I.Would like to suggest that we perhaps consider them tonight and at another meeting, but somewhere go ahead and publish the ad and run the risk that if the Commission desides not to recommend. it then we will just -have to withdraw the ad.. It can be all discussed, I think that is the idea of it to bring them up for discussion. • George Knoblock: My request is to delay any decision on this this evening. xherenhave been many requests in conversations with me or suggestions that the City of Dania should possibly have the opportunity to vote as a whole city whether they would like to go on a'Mayor-Manager type of government, whereas the Mayor is elected and is salaried and operates the City by the approval of the people, which is not an unusual situation. This I would • like to have the board consider also in addition to the other changes and suggestions. And perhaps settle the question once and for all and not leave it on any particular commissioners shoulder. It could be put to a city-wide vote. I would think that perhaps if this were done the Citizens would feel that they have a little more control on the situation of City Managers. • Mayor Salvino: Anybody else in the audience have anything to bring up? City Attorney Waldent Mr. Mayor, let me read the rest of them quickly and then this can be done at the next meeting. It is an item that can be put on the agenda and publicized and brought up. The othart Discuss change of removal of department heads. Let me say, that we don't have any specific • language in:the charter defining department heads. So I will say that -27- • the Department Heads have generally been considered by the Commission to ® be the City Manager, City Clerk-Auditor, Municipal Judge, City Attorney, Chief of Police, Fire Chief and Building Tnapector, and unless you instruct me otherwise, I will consider such offices to be Department Heads and with . respect draft a charter amendment concerning their removal. City Attorney Walden continudd reading attached letter. • City Attorney Walden: Now all of these suggested amendments were. discussed with the Legislative Delegation when they met in Hollywood on February k, and primarily the delegation wanted the hearing to be held concerning the terms of msmbars of the Commission. I understand that many cities in the County have two year terms under their present charters, and a good number • of the cities are asking for similar type changes. Now particularly with reference to the terms, we do not change or propose to change any of the other provisions that are in the Charter. Again I tell you that it is up to the legislature to finally make up its mind'whether or not it wants to adopt these changes. I simply suggest that you put it on the agenda for the next regular meeting, publicize it some more, and you will eventually get it. • Commissioner Hillt I think you should put it on the agenda and let these people look into it and see what they want to do about it. Mayor Salvino: Do we need a motion? • City Attorney Waldent . I don't think so, simply ask the City Clerk to put it on the agenda for the next two or three meetings. Commissioner Youngt Do you want to advertise it in the meantime Clarke? City Attorney Walden: There is no requirement, and I asked it of the dele- gation, They don't require any legal advertisement. They did ask that soma publicity be given to it, so you might ask the papers if they would mention that that would be on the agenda. There being no further business on the agenda, the meeting adjourned. • Mary Thornhill City Clerk-Auditor • Frank Salvino Mayor-Commissioner —28-