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HomeMy WebLinkAbout86141 - MINUTES - City Commission • MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD FEBRUARY 18, 1965. The City Commission of the City of Dania, Florida, met in Special 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 7,ENOBIA CITY ATTORNEY CLARKE WALDEN • CITY MANAGER WILLIAM G. NEFF BUILDING INSPECTOR CHARLES LINDEMAN CHIEF OF POLICE MONTIE SMITH CITY CLERK MARY THORNHILL • The meeting was called to order at 11:00 a.m. by Mayor Salvino. 1. Awarding of truck bids . City Manager Neff: Gentlemen, the reason I put this in is so we could proceed. The basic calling of this meeting was not • for the truck bids , but I, thought that as long as we were hav- ing this meeting we might as well dispose of it. The Chief and I have gone over these bids and Chief Lassiter has put an awful lot of time in it. We found out that the bids in some instances , in fact most of the instances , do not specify the proper size of tires . Now the Chief explored this and found that the proper size of tires should be 819 X 5, and all of the bids exclude a spare tire. So this is all additional charge. The final analysis that we came up with changed the figures of the bids somewhat, and I am going to read to you the figure that we finally came up with. Incidently, the feeling of the Chief too. was that the truck should be a V8 engine and that it should be enough power to operate with. Because the small 116" that some of them bid on was not the size that was required. I will read them for you again: The low bid as it turned out was Currin-Massey who was the Dodge bidder. And in the final analysis with the V8 Engine with the proper size tires and with a spare tire comes to: tl,500.19 Powell Motors , which was the second lowest bid was for a Ford, this was on a V8 with a spare tire: tl,519.09 Bi11 Kelle Chevrolet, which was the third includ- ing t e proper size tires and spare tire: tl,535.33 Goodbread Motors , which was a Dodge: 41, 834.10 Sales: tl,641. 00 On the basis of this study it is the contention of myself and the Chief that the Dodge with the equipment that it has on it, for $1,500. 19 is the best and the lowest bid. Now included in the Dodge is a 5 year warranty on the power train. The Ford would give only a 2 year warranty and the Chevrolet was just a standard 90 days? Mayor Salvino: 24 months or 2400 miles. City Manager Neff: Is there anything Chief that you would like to add to this? Chief Lassiter: No, that's all. They came out low bidder. The difference in those bids amounts to what Mr. Neff said. Some of „ them had tire and spring size that did not meet those specifica- tions . City Manager Neff: Incidently, the Chief checked this out for axles , front and rear, springs, front and rear, tire sizes front and rear, right down to the load weight and everything else. I feel that he of course is more qualified to say what he wants As far as the specifications are concerned, on the basis of the actual price again it is a difference of $18.90. That's for your pleasure gentlemen, our recommendation though is that the purchase be made from Currin-Massey on the Dodge, and the difference is $1,500.19. Commissioner Young: Let me ask you one question. About the tires, is that a change in the tires from the specifications on the bidding? City Manager Neff: Yes, in the original specifications the, some of them had bid on a smaller size tire and... Commissioner Young: Well what did the ad call for? City Manager Neff: "The specifications as' set forth; and the specifications as set forth were that the tires were to meet the minimum gross vehicle weight rating. And they bid them on the standard. And the Chief's recom- mendation on the gross vehicle weight rating was that a minimum of 7,800 pounds, and going to 7,800 pounds it was felt even by the bidders them- selves, that a 6-ply tire was not sufficient. In fact, I think most of them agreed to that, didnt they Chief? Chief Lassiter: Yes air. City Manager Neff: And they were using a smaller size. They were using 817.5 instead of 819.5, with an 8-ply, in the rear and a 6-ply in the front. The Chief's contention was that they should have 8-ply all the way around. And a couple of them bid 8-ply all around. Rowell Motors bid 8-ply all around and I think Currin-Massey bid 8-ply all around, didn't they Chief? Chief Lassiter: Yes air. City Attorney Walden: What I didn't quite understand, was Currin-Massey the low bidder before you made these adjustments, which were apparently specifications? City Manager Neff: No, on the original bid price there was a $10.00 dif- ference. Commissioner Young: That's before the changes on the tires were made? Chief Lassiter: Let me explain something...there were no changes made on the tires. The tires that one company bid on did not meet the specifica- tions. They bid on a smaller tire. City Attorney Walden: Well then you would eliminate that bid as being an improper one if they did not comply with your specifications. Chief Lassiter: That bid was improper but we called them to get the dif- ference between the tires that they bid on and the tires that would meet the specifications, before we took our final opinion on the bids. Commissioner Zenobia: Was that the one that came in low, the one that changed it? Chief Lassiter: Yes. City Manager Neff: No.. Kelley Chevrolet bid the Chevrolet originally and they were low, but the tires that they. bid did not meet the specifications r according to the Chief's requirements. Commissioner Zenobia: Were the specifications set down in writing to him? Chief Lassiter: Yes sir. !, City Manager Neff: Well, gross vehicle weight. Commissioner Grammer: Well I think what Mr. Young, Mr. Zenobia and Clarke and myself mean what Kelley bid was to these specifications that you gave him to bid by. T�' -2- • Chief Lassiter: No sir, not with the tires. Commissioner Zenobia: You say Gross Vehicle Weight, now are you telling that you are going to put this other heavy stuff on there? They were going according to the weight of the vehicle right? Chief Lassiter: No air. When you start out to bid, the first thing you decide is the gross vehicle weight, then you draw your specifications to comply with that. The reason we didn't specify single tire size on this thing is because different manufacturers use a different tire size on the way that they designate their numbers. They have a carrying capacity for instance for 817.5 of 2,600 pounds; an 819.5 8-ply tire has a carrying capacity of 3,742 pounds. And that is where the difference lies. City Attorney Walden: Let me say this, the bids were fairly close to each other. The law recognizes that you can get around it by saying the best bid is not necessarily the lowest one. It is sometimes hard to justify that where everyone is bidding on the same thing. Now forgetting the law thing though, I do think the City ought to be known as one that will take the lowest bids. If there has been some error in the specifications, I am not certain. Has there been an error or not? Chief Lassiter: No. Commissioner Young: I think what Clarke means is did any of the bidders come below the specifications that you set forth? As far as that is con- cerned, I'll make a motion that the ones that didn't meet the specifica- tions the bids be thrown out. City Manager Neff: Well actually in being fair, if you will hold your motion sir,... Commissioner Young: I will withdraw for the moment. City Manager Neff: In being fair to all of them the Chief went back and told them, for instance the low bidder, he told them that they did not meet the specifications. Then when they did come in to meet the specifi- cations they exceeded the low bid. Then they were no longer the low bid. So they even had a chance even though they were a little irregular. So we still gave them the opportunity to change their tire sizes to meet it, and when they did change their tire sizes then their bid no longer was the low- est bid. Now we could have eliminated their bid on the basis of what your motion intended to do, but 'rather than do that the Chief allowed them to give us an alternative tire size. In other words, this was used and threw them over the next bid which had been originally bid to specifications. Commissioner Young: Well that's highly irregular to start with. lie just don't do that. They either meet specifications or they don't. City Manager Neff: Well the specifications according to gross vehicle weight ... Commissioner Young: Ttiose tires mainly, as I understand it, was what they, didn't meet the specifications of. MCity Manager Neff: This is correct. And if you want to eliminate them you can, but according to the low bid now, they are eliminated regardless, at this point. Commissioner Young: Well you can't have other bids without re-advertising I don't think. If you are going to have a change of bids. Commissioner Zenobia: According to Kelley's bid here, it;says"as per your specifications". It doesnit say anything about he's got the wrong size tire. Commissioner Grammer: Well that's the part I don't understand, it saya.here "axles, springs, wheels, tires, frame, approximate capacity, to meet minimum i•; , gross vehicle weight." What Kelley submitted in his bid, did it meet this gross vehicle weight? =3- A`r • City Manager Neff: The tires did not meet the gross vehicle weight according to the specifications that was given to the Chief by... Commissioner Grammer: I am not talking about that, according to this here, I think his bid should. ..like Mr. Young said...if it is not up to the rest. .. Commissioner Zenobia: According to his bid there he says he is meeting your specifications. Just because he might have a 6-ply tire, if he says he is meeting your specifications he has to put the tire on that it called for. lie has already stated that he is meeting all specifications, so he has to meet all specifications. So he has to meet the specifications, he can't say lie's giving you a different tire. If I bid a paving job and it calls for 3 inches of asphalt, I can't come along and say I'm only going to give you one, I have to give him 3. He has to give'you the tire that you specified, at that price. And he is the low price. Chief Lassiter: Not according to specifications. Commissioner Zenobia: If he meets the specifications he is the low price, isn't he? Chief Lassiter: If he meets the specifications, yes air. Commissioner Zenobia: He has to meet them because he already stated he would meet your specifications and he did. Chief Lassiter: We have got to have some guarantee though that that meets those specifications. Commissioner Zenobia: What do you think Clarke? Attorney Walden: Let me say you can frankly award it to whoever you want to if you want to get into law suits or trouble, but frankly to keep the good will of these bidders, this is my own personal opinion, you ought to I think define very thoroughly what they are bidding on and then give it to the lowest bidder, never deviate. So you can justify it, because they just won't bid with you any more if you start giving it to the next lowest bidder. Commissioner Young: Well, it says here "springs, wheels, tires, frame approxi- mate capacity to meet the minimum gross vehicle weight rating". That's from Bill Kelley Chevrolet. So if something comes through that doesn't meet it... Commissioner Zenobia: He has to change it. . Commissioner Young: Then he has to change it to *meet specifications. Commissioner Zenobia: He stated that he was bidding from the specifications. Commissioner Young: It says right here "l-ton pick-up per,your bid specifi- cations. Chief Lassiter: I'm a firm believer in awarding the low bid that meets speci- fications. I always have been and I always will be. In my opinion it's not good. Commissioner Young: Well it's signed. By Jimmy Jackson. Commissioner Zenobia: Well I've never known anybody yet that didn't give me what they told me they were going to give me. . Commissioner Young: No. If I ask you to bid on 4 inches, of asphalt you wouldn't give me a price and then come back and say I am going to give you an extra half inch. Chief Lassiter: They're not giving an extra,half inch. ' City Manager Neff: In other words, what they are going to do, I think the Chief's contention is that if Bill Kelley Chevrolet is going to put on the car what is specified on their brochure as a 6-ply tire on the front and an 8-ply tire on the rear.... Y 1' T.. -4- • Chief Lassiter: It is not a 6-ply. City Manager Neff: Well I think they originally had a 6-ply didn't they? On their standard equipment as it comes through is a 6-ply on the front and an 8-ply on the rear. City Attorney Walden: I don't know enough about tires to know what I am talking about, but how do you define a tire 'by weight or ply or size or what? And is all of that in our specifications? Chief Lassiter: No air. ® City Attorney Walden: Then do you think we are in error in the way that we write these things? They ought to bid on the same thing. It would seem to me that you should get a tire company to make a recommendation to you. And then whatever he says, put that down in your specifications. City Manager Neff: If I may say so, this is what the Chief did. When he • found that these were, what he thought was the wrong size tire, he went to a tire manufacturer and asked what the GVW rating would be and they told him that it would have to be an 8-ply 819 tire. City Attorney Walden: Well do we have an 8-ply 819 tire though in our specifications? • City Manager Neff: No, only that we have the' weight. - Commissioner Young: Clarke, right here it says something about gross vehicle weight. Chief Lassiter: Well we have a right to have some sort of guarantee that'.:he is going to meet the specifications. Commissioner Zenobia: Well he will. He signed his name that he is going to meet the specifications. • City Attorney Walden: Well he says that's what he is going to give you. Chief Lassiter: Alright, can you bind him to a contract on that? City Attorney Walden: Sure. • Commissioner Zenobia: Would he be the lowest bid? City Manager Neff: Well he would be the lowest bid on the original bid, exclusive of the spare tire. The spare tire is a difference of $14.32, and he was $19.00, so he would be about $4.00 and some change difference. • Commissioner Zenobia: Was that included in the specifications? Chief Lassiter: The spare tire was not included in the specifications. Commissioner Zenobia: The spare tire was not included? Then you can't hold him to that either. Commissioner Young: When we advertise for something I think we have an obli- gation to do one of two things, either give it to the lowest and best bidder according to the specifications, or throw them all out and re-advertise. Chief Lassiter: Well in my opinion the lowest bidder does not meet the specifications. Commissioner Zenobia: Well he states he will thought, John, that's the thing. I mean, if youcchange the specifications later, that's hurting him. Chief Lassiter: We have not changed any specifications. Commissioner Zenobia: Well the man signed the letter there that he will meet the specifications of the bid. -5- A motion was made by Commissioner Zenobia to accept the lowest and best ® bidder, as per specifications, Bill Kelley Chevrolet, and that a contract be signed binding that he will meet the specifications. Commissioner Zenobia: I think that letter itself though is sufficient. Commissioner Young: Get the contract and get an experteto check it. • City Attorney Walden: Actually your contract has got all that in it, but' I would get a tire expert's opinion. Chief Lassiter: Well truthfully, it mskes no difference to me which truck you get...so award it to him if he wants to guarantee to meet those specifi- cations. The motion was seconded by Commissioner Young,. and the roll being called, the Commissioners voted as follows: Grammer Yes • Hill Yes Young Yes Zenobia Yes Salvino Yes Chief Lassiter: Now, may I ask a question? If he objects to this on that • price will we award the contract to the other one? City Attorney Walden: I think that would have to come back to the Commis- sion and let them decide. Commissioner Young: He has a performance bond, I think. That required a • performance bond didn't it? Chief Lassiter: No. Commissioner Zenobia: I say this, if he rejects to come up to the specifi- cations, I wouldn't let him bid on anything again. Because he is guarantee- ing that he is going to come up to the specifications. Commissioner Grammer: Does he specify when he will deliver this? Commissioner Young: Five weeks. • 2. Action on Change Order for Sewer Project. City Manager Neff: Gentlemen, we have a problem facing us here on the Lift Pump Sites: The first one I would like to ask Mr. Walden if he has had an opportunity to make a decision and give us a legal opinion on Lift Pump Site "G", I believe it is. • City Attorney Walden: Which one is that? Commissioner Young: Is that the Sessa property? City Manager Neff: No this is the one down at the Lift Station "F", this is • the one down across from Olson High School. City Attorney Walden: Is that one in the right-of-way. City Manager Neff: Yes, this is in the right-of-way. • City Attorney Walden: No. City Manager Neff: Alright, that will take care of that. Now on the contract modification. There are two copies of the contract modification, and I am going to ask Mr. Sparkman if he will explain the, excuse me, this is on the Sessa property, and there is a contract modification necessary. -6- ® City Attorney Walden:. Let me ask you on this one you ahked me about, do I have the description on it? City Manager Neff: Yes, I think you do. I have a memo from Mr. Farina stating that a copy was delivered to,you on. the 27th. • City Attorney Walden: 27th? City Manager Neff: I mean on the 17th, excuse me. Yesterday, I think he delivered a copy to you y6storday morning. City Attorney Walden: What I have got to do is get an abstract on it. Commissioner Young: Excuse me just one-second, but, Mary remember years ago doesn't the city have a lift station site across from Olson Junior High School? City Clerk Mary Thornhill: We have .some public property there Mr. Young, I • don't know whether it was ever designated for a lift station or not, but there , is a hiatus in that subdivision, and the way that domes in there we have a wider area of public property down in that subdivision than in the subdivision to the North of it. Now I don't know whether there was ever a plan for a ' pumping station there or not. • Commissioner Young: The thing I am talking about goes back 5 or 6 years. City Clerk Mary Thornhill: Yes, I know what you are talking about. Commissioner Young: You know what I am talking about? City Clerk Mary Thornhill: Yes, but. I had never.... Commissioner Young: That is one site that I had always thought was secure for a lift station site. City Clerk Mary Thornhill: Well there is quite a lot of property there, and • I think Luther can verify that too, you know that hiatus in that Saint James Park Subdivision? Because Malcolm Holding at one time tried to get some of that property there from the City. Commissioner Zenobia: That is the site we are talking about isn't it? City Attorney Walden: I think we do have; if you want an off-the-cuff opinion. You know this business of talking over the phone, I want letters on it and abstracts. Before I give you an opinion I want an abstract. I think we own it though , City Manager Neff: We are speaking now of station "F" which is at Olson Jr. High School. Let's not forget these wind around each other. I think that before we can do anything, Mr. Walden, as he said is giving an off-the-cuff answer that you may be able to proceed as soon as he gets some legal docu- ments. I don't mean to put you on a spot, Mr. Walden, but do you,...when do you think you can so advise us? Commissioner Young: Well he has to have an abstract first. City Attorney Walden: We have to wait on an abstract. Here is really what I... and I don't think you are going to have this problem, if you remember we had a meeting down in your office about 2 weeks ago when this was asked for? Evid- ently Mr. Farina delivered it yesterday, but I haven't seen it, so I...from this day I would say 10 days. City Manager Neff: Now the second one that it is going to be necessary to take action on is the one that Mr. Sparkman has. Luther Sparkman: The Sessa Urbana site. Originally .the engineers showed the lift-pump site right here (indicating on map). One of the terms of the con- sitions of the sale was that the Urbana's didn't .want the sewer lift-pump site wl -7- • 0 ® there, so they asked that it be moved back here. The condition of the sale was on these shaded areas, in this general area is where they want the lift-pump located, which was agreed upon. And as Mr. Neff will pro- bably tell you there is going to be a change order due to the fact that there will be a little more pipe • City Manager Neff: Mainly the manholes. It is outlined here by Mr. Philpott in this change order that you have a copy of in front of you. But it 'takes a change order and Mr. Philpott this morning told me that lie delivered those me yesterday and told me this morning that if you wish you could accept this contingent upon the acceptance by the contractor. Because the contractor he said should accept it first. But in order for • expediency you can accept it if you wish. You can accept it on the basis that he accepts it. Commissioner Young: I want to know about the price in changing that, how much will he knock off the price for changing that? City Manager Neff: There it is in front of you. Don't you have a copy of that letter? Commissioner Zenobia: It is going to cost $836.25 off,. Commissioner Young: For the property? • Luther Sparkman: No. This is a change order in the engineering. Commissioner Zenobia: Yes, but Ellis wants to know how much Sessa is going to knock off the price. Commissioner Young: Is he going to knock $800 off the price for accomodating • him? City Manager Neff: If I understand you right, Mr. Sparkman, their offer to accept was contingent upon the relocation. Luther Sparkman: That's right. You see their lots will face 4th Terrace, • they don't want anything out in front of their houses. City Attorney Walden: This description here actually,describes the whole business. Commissioner Young: Do you think this is agreeable Clarke? • City Attorney Walden: I do, the way Luther has explained it. Luther Sparkman: The engineer I don't know anything about. ., City Attorney Walden: Somebody has got to ask the Engineer is that right? Not the engineer, the contractor. City Manager Neff: Well he submitted these to the contractor for his accep- tance to the change .order. He feels certain that the contractor will accept the change order, and.he feels that the city in order to expedite this matter the Commission can make a resolution to accept the change contingent upon the acceptance by the contractor. If the contractor says no, why then... City Attorney Walden: That is right. City Manager Neff: And then if this contract modification is accepted by the contractor and by the Commission then Mr. Sparkman can proceed to close on the property and let the contractor go ahead and move in. As it is now the contract to accept the property is not completed and cannot be completed until this is done, and so this is what the whole thing hinges around. So it is up to your action, or your pleasure. Commissioner Young: Alright, on the recommendation of. the engineer and the - advise of council I recommend that we ap prove chhnge order request No. 2, at an additional $836.25. -8- . Commissioner Zenobia: I second that, • The roll.being called, the Commissioners voted as follows: Grammer Yes Hill Yes Young Yes • Zenobia Yes Salvino Yes Commissioner Zenobia: This was change order #2, what was change order #17 Commissioner Young: That was 7th, 8th and 9th Streets. Commissioner Grammer: We never passed on that one, why do we have to pass on this one? Commissioner Zenobia: We passed on that one. In fact I think you seconded the motion. • Commissioner Grammer: Yes we passed to have the change order drawn. Commissioner Young: I think in those minutes we approved the change order on the premise that the additional cost would be by unit price. • Commissioner Zenobia: Luther can you give us any idea of what is past buying so far? Luther Sparkman: On what? • Commissioner Zenobia: On your work. Luther Sparkman: Nothing has happened. I hope you are not asking about any right-of-ways on 7th, 8th and 9th street. Can we stick to lift-pump sites? 3. Action on legislation for Lift-Pump station sites. • City Manager Neff: In regards to this gentlemen, I have'a letter here from Mr. Sparkman who is our right-of-way agent. In regards to lift-pump station "H", now this is on S.E. Park Street and S.•E. 2nd Avenue. I think you all know it as the Dania Hotel site. "In order to bring you up to date on the progress made in acquiring • Ehe above mentioned lift-pump site the following are presented: 1. The representative of the owner of block 1, Mr. B. L. Watson, has advised me that he does not desire that a lift-pump sta- tion be located on any portion of said block 1. 2. I have contacted all other property owners between S.E. Park Street and S.E. First Street on S.E. Second Avenue. And they • all indicate that they have no desire to sell for a lift-pump site. As a matter of fact, they are very. strenuously opposed. to any such installation on their property. I have discussed with Mr. Philpott your consulting Engineercthe possibility of locating your lift-pump somewhere on Park Street west of S.E. Second Avenue. In view of the above it is my recommendation • that the city takes it before the board of condemnation if ne- cessary to locate .the above mentioned pump site on private property. n _ City Manager Neff: In other words, Mr. Sparkman has excluded all means of getting a site down there. There is only one alternative as he mentions here, and this is putting it in the right-of-way of the street. And shortening up the dead-end street which is on S.E. Park Street. Now I think that Mr. Sal- vino and Zenobia both, and possibly the rest of you, are familiar with this. I know Mr. Sparkman is so if there is any discussion... Luther Sparkman: Before you go into that... City Manager Neff: Just one more thing, excuse me, if this is not possible then the only other action that I think Mr. Sparkman and Mr. Philpott both feel is to enter into condemnation proceedings, which should be done as ra- pidly as possible. �r;• -9- jr;, ® Luther Sparkmen: Now there is only one other thing I haven't explored. I talked it over, and incidently Mr. Zenobia was there when Mr. Philpott and I were talking about it, on this location up here. There may be a lot that we can acquire either to the East or to the West. Mr. Philpott is rather reluc- tant to putting the lift-pump site, or lift-pump station, in the street because the manhole is a minimum of 24 feet, and you have your light and your warning and all your hook-ups above the street too. Mr. Watson was in the office on two occasions, and the first time I tried to talk to him on a corner he said definitely no. Mr. Watson, incidently, is the brother of Mrs. Abbott who has the title to the property. And I went back to him, Mr. Philpott and I had another conference, and we wanted 15 by 15 and he said no, he said as a matter of `fact I don't think that you ought to put it here, why don't you put • it over there? So I go over there and they say why don't you put it over there? And so they are not going to negotiate, and there is only one way to get the final lot, which will be another change order, which will tun you several hundred dollars, or go into condemnation and get your site. They are not very receptive, at all. So it is a matter of engineering costs or con- demnation costs. Commissioner Grammer: How many feet does it take for this? Luther Sparkman: Well actually it takes about 25 by 25. The base of your lift-pump is 11 something by 8 something, and your manholes are 12 by 9 square. But there you have this manhole cover, then over here is the summon • out for your warning, in case the thing has a malfunction the light is going to flash on, and you have your electrical receptacles for the portable gener- ator that you have. Commissioner Grammer: Mr. Philpott feels that. on 'a dead-end street that.... • Luther Sparkman: Well, if you want to go all the way down to the end of the dead-end street it will probably be alright. - L Commissioner Grammer: It is dead-end anyway, so I can't see-why. .. Luther Sparkman: That's another 150 feet of engineering, plus the locate on • the end of the street, now that is what we discussed. Commissioner Young: There is one spot about 30 feet West of Second Avenue that Mr. Philpott feels certain can go in, it is on public right-of-way. Now he also feels that before we take any action on this particular one that you could put everything down in black and white.. Have your drawing so that you know just exactly the location in relation to the property line and the public right-of-way. In other words, you have elevations and so on and so forth, that have to be taken into consideration. • He said that he would have those ready some time around 11:00 ini.the morning. Luther Sparkman: Where is that? Commissioner Young: This is the property right by the Jai-Alai Motel on public right-of-way. Commissioner Zenobia: I think we should just wait until Mr. Philpott comes up with that. • Commissioner Young: Well he wants to scale everything, and I agree with him, this should be done. And it appears on the surface to be quite a lot of right- of-way there. Of course, if the street would ever go through, you have got a couple of houses that has to come down, and right-of-ways you would have to acquire, and so on and so forth. Luther Sparkman: Well that must be at the end of Park Street then. Z. Mayor Salvino: No, not quite the end of Park.Street. - Commissioner Young: No, not at the end, it's about 30 feet West of Avenue. • Luther Sparkman: Well we discussed that. I know all about it. -10- • Luther Sparkman: Now that covers your lift-pump Bite. On your easements, we have acquired none to date, but then mostly, Mr. Farina has come up with this idea. A list of easements that we should have and a list that we must have. Now as you know we met with Mr. Fhilpott here a while back, and Mr. Walden said to acquire...we will use these as lots, with First Avenue here and the Highway here, to be able to assess this lot you must have an ease- d ment up here and have a "Y" off of these two lots. Yesterday afternoon we spent a couple of hours or so walking the East side over and locating the buildings and things, and Mr. Farina took his map along and marked it all' down, and he is going to go back to his office and work on the easements we should have and the ones that we must have. Now in some cases, for in- stance where you have the entire installation of the Methodist Church, there is a case where I don't believe it would be necessary to have your easements to all those lots as suggested or as required. The same thing with Atlantic, the same thing with the Beach Hotel, and the same thing with several more properties that are more or less covering the entire lot. There would be one hook-in that your First Avenue line will take care of. So that is what we have to determine first. Now on the Southeast section from Stirling Rd. south where they are working noto are easements in the process and should have prepared by the end of this week or the very latest the first of next, the easements that we should have and those that we must have. There are a few that we must have and several that we should have. That is about the extent of it so far. • Commissioner Zenobia: Talking about easements, how about Sessa. How did you make out with the 5 foot? Luther Sparkman: It's alright, it's just a matter of getting a description on that too. That easement should be a right-of-way, because you have an alley. • Commissioner Zenobia: Yes, see, there is 10 foot there already. I would like to see us get that 5 foot before we get down there. City Attorney Walden: The 25 foot right-of-way, Luther do you know anything about that? • Luther Sparkman: Which one is that? City Manager Neff: The one in regards to... City Clerk Mary Thornhill: It's Forest Home Sites, I believe. . • Luther Sparkman: Yes sir. City Manager Neff: Yes, he's familiar with it, and I have your copies here. Gentlemen, that is all that I have. City Attorney Walden: Can we go in the alley? Luther Sparkman: 7-1/2 feet? I guess he is going to try to, throw the line in there. Commissioner Zenobia: You are getting pretty close to where Johnny just built his new house, too, you are going to have to have an addition to get to Johnny's house. Luther Sparkman: That will call for another change order. Commissioner Zenobia: Yes, they are getting down that way. We should consider • that, because they come up that alley and then they stop short on Third Avenue, and they have to cross Third Avenue to get to his house. They might as well do. . it while they are there, it would be a heck of a lot cheaper. Commissioner Young: Well those people need the service anyway. That's the main criterion as far as I am concerned. They need it, so as long as we-are going in we may as well give it to them, providing the cost is.right and;the money is available. -k� • 0 0 W Commissioner Grammer: I was going to say, we might have to hold another bond issue with all these change orders. Commissioner Zenobia: If we wait until they go by there, I think it is going to cost us a great deal more to bring them back, and they are getting pretty close to that section. That's why I am after Luther to get this other five • feet. Luther Sparkman: They are already taking steps, as a matter of fact, Broome and Farina they know this must be gotten, and they are going to take two sketches, one for Mrs. Urbana, and one for Tommy. • Commissioner 2enobia: Alright, now while we are on the subject, Johnny just paved that street in front of his house. Do we have an alley behind his house? Luther Sparkman: Yes, we have an alley back there. City Manager Neff: Mr. Mayor, that's all I have. Mayor Salvino: Poncho? Henry Bleich, Poncho's Shellorama: We don't have a Civic Organization up on North Federal Highway, and I know that all ybu folks, you Commissioners, are ashamed of it because you have got your sign "Dania, The City of Opportunity" • down off the bridge here instead of the City Limits. But I have spent over a hundred thousand dollars in improving my property up there in twenty years. And after twenty years I have a public dump on one side and an automobile graveyard on the other. It is just about ready to drive me out of business. Now I know that you, Mayor Salvino, did something about it last week and Mr. Grammer was up there, I don't know, I guess he went by and probably saw it. • I don't know how it happened. But I know you both did something about it, but it has started all over again. There is new dumping now. You have to put a stop to it. You know this dumping has been going on now for 2-1/2 months, and the reason I didn't say anything about it prior to this is be- cause last year when Police Chief Williamsccame up there, I mentioned some- thing to him about it because he had put some trash right along side of my front of my property. And because I had happened to say something to Police Chief Williams he started all kinds of reprisals. He planted trees up there to block my property, he took old signs, he pulled down old signs that he had in the back for twenty years and stuck them up there as a fence. Attorney Walden here knows that I went up and talked to him about it last year. Is that right, do you remember? And now we have to do something about it. Commissioner Young: Well we can't have a public dump there. Commissioner Grammer: While we are on the subject, that man that came up there and bulldozed it, he only bulldozed the stuff under, and covered it over. We have an ordinance that says you can't just throw all kinds of debris... • Henry Bleich: It goes way down to the end of his property and into his acreage now. He doesn't fill his property. He doesn't. He just have the man bulldoze it right over to the end, and it is extended out now about 50 feet out into the' area that was to be cultivated. And another thing, all the debris, the plaster and the old wood goes over to my side, and the clean fill is over on his end. �. Mayor Salvino: A lot of that stuff has been dumped there without Al knowing anything about it. I stopped there the other morning and there was a big truck there and Al was sleeping, and he is all alone in that stand, and there is a lot of that stuff that he doesn't know is in there. He has to put signs up there or something. Henry Bleich: If he puts signs "No Dumping Allowed" then nobody will come in. Commissioner Grammer: Well that man .is responsible for :his property Frank, whether he has a dump or not. City Manager Neff: Mr. Mayor, if I may add something, I have a letter this morning from Mr. Chicarria, stating in answer to the notice that I sent him the first of the week, and he states in there that he was doing everything G' that he possibly can to clean this up and he is going to erect signs and is going to pake the necessary preventive measures to stop this from happening in the future. He is apparently attempting to comply with the orders that were' :_ -12- ® issued to him. If he doesn't then we will just have to proceed a little further, but I think that the man is attempting to comply. Commissioner Grammer: I don't think he is, Mr. Neff. All he has done is bulldoze it to the back, and you can still, from the back side, there are rats and if it should ever get a fire under there you can never put it out. • It can burn for weeks after weeks. Henry Bleich: Big Chief dumped just old wood, they tore down some wood somewhere and they dumped for a month and a half, 40 and.50 truck loads a day. And they weren't dumping there for nothing. lie was getting paid for it. s City Attorney Walden: The Health Department has many more laws and regula- tions than we do. I think they can be of much quicker and better relief. If I were you, I would report it to the Health Department. Mayor Salvino: Poncho, have you seen any transactions where he was charging? Henry Bleich: Oh no, I have never seen any transactions'; I said it is very possible, I didn't say that I knew it. But I did see this, I saw the Big Chief, every time that they pulled a load they pulled over to the side of his place and they went in. Of course, I wasn't inside the house. • Mayor Salvino: Thank you Poncho. Commissioner Young: Why don't we just have the City Manager report this to the Health Department? Commissioner Grammer: But I think there should be domething done with the • stuff that he has got in there now. Take Jordan's Furniture Store . It has cost that man $3,000 to get in there and tear out the same junk that you have up here on the lot. Of course, this man owns the lot today, but what if he sells it to somebody say 10 years from now and they come in there and black- top it and get a fire under there, you have the same thing. And that was just a little 50 by 100 lot. And up there,he has got about a 400 foot • frontage, and if the guy who buys that should have to go through the same thing this man did, he could drop a bundle .up there. Commissioner Young: I think your Police Department, the.Fire Department and the Building Inspector should check on it. If they want to give the man a 30 day letter, I would like to have their recommendation on it first. . Now • Poncho told me this morning that pdople were dumping there yesterday. City Manager Neff: If this is true then his letter is invalid. Henry Bleich: Well I didn't see it... • Commissioner Grammer: Well if they haven't had a bulldozer in there, you can go up and see it piled up. Mayor Salvino: Well if they dumped yesterday you don't know a thing about it do you? Commissioner Zenobia: Well it is well-known that there is an invitation to dump there. Mayor Salvino: It's well-known? Commissioner Zenobia: Yessiree. • Mayor Salvino: Have you been invited to dump there? Commissioner Zenobia: Yes I have. And it is well-known that there is an invi- F' tation to dump anything there. I tore down a building up in that section of town and I was invited to dump this debris in that dump. Mayor Salvino: By the owner? -13- ,J ® Commissioner Zenobia: By the owner. This is going back about a year and a half ago. Mayor Salvino: Poncho said only 2-1/2 months ago this thing started. Commissioner Grammer: That's when the big thing started Frank. s Commissioner Young: Yes, what about those old auto bodies there next door? They are back, but they are sure hazards. I think it aught to be looked into and get recommendations for remedial action. I think we should consider it. Bob Grammer doesn't come over and dump debris in a vacant lot I've got that is almost across from his garage. e City Manager Neff: Well this dumping situtition as a whole is something that the council as a whole is going to have to sit down and give some very serious thought to, because it is our next big area of headache. But I think, Mr. Walden, and I don't mean to put the oneness on you, the whole thing hinges a little upon the legality of this, and this is what you will have to inform the Commission and me as to what legal steps can be done. And you have already done this as to the Health Department, but if this doesn't suffice, then what was our next step, that is what I will have to ask of you. City Attorney Walden: Well as good as all problems I know is related to health, also a public nuisance. • There being no further business on the agenda, the meeting adjourned. • Mary T ornhill City Clerk-Auditor • • Frank Salvino ? _ Mayor-Commissioner i •