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HomeMy WebLinkAbout86145 - MINUTES - City Commission ® MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD JANUARY 19, 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 ZENOAIA CITY ATTORNEY CLARKE WALDEN (Mr. Dubow) A CITY MANAGER WILLIAM G. NEFF CITY CLERK MARY THORNHILh The meeting was called to order at 4 :45 D.M. by Mayor Salvino. 1 . Formal appointment of Luther Sparkman as Right-of-way Agent , outlining authority and duties, including con- tract for payment of services. City Manager Neff: Mr. Mayor, I called this meeting in re- gards to this appointment of Mr. Sparkman after discussion with the Commissioners and with the City Engineer, also with • Mr. Sparkman. It is apparent that there has been no formal appointment of Mr. Sparkeman as the right-of-way agent to secure the necessary easements and pieces of property for the location of the right-of-ways for the sewer project. Before we get into too much action on the sewer project we need a formal appointment outlining what his duties are and what his authority is, how far he can proceed with the securing of the= easements and also to give him a formal contract that can be on record with the City, with the Engineer, and also with the bank who is to disburse the funds. This cannot be taken care of in accords with the contract until he does have a contract. So I place it before you for your pleasure. Mr. Sparkman has • talked to you gentlemen in regards to this prior, and I think you are familiar with it. But I think it has not been done, it is not a matter of record. I have searched the records and couldn't find anything, so I think that this is a very ' i.mportant step to take. Commissioner Grammer: Luther, didn't you have some kind of an agreement with Clarke, or proposal, or something? Luther Sparkman: No, I neveri'did, Mr. Grammer. I have had several meetings from time to time with the Dania City Manager and with the consulting Engineer on this project and various Commissioners , but actually it never has been in writing. I know that Mr. Neff has made a pretty thorough search trying to find something. As you all know , this thing is pretty essential. to have. We should have some sort of agreement of hbw' far my authority is going to go in the actual purchase of the property, whether you are going to have an option, or establish price on ithe easements, and things like that. Commissioner Zenobia: Mr. Philpott, what do we need a resolution on this? Mr. Philpott: I think we would need a resolution. City Manager Neff: I have a letter here from you, Mr. Sparkman, indicating in general what services you would perform. Mr. Snarkman: That 's what they asked for. I tried to cover - every conference with the City Engineer, , the City Manager and s� the Commission. '. City Manager Neff: Mr. Mayor, would you like me to read this? . ,v • Mayor Salvino: Yes . City Manager Neff: This letter was submitted by Mr. Sparkman: " Regard to my services i.n connection with the Sanitary Sewer Project in the City of Dania, wherein I am to he • employed as a special. right-of-way agent in securing the necessary lift pump si.te easements and other right-of- ways needed for the sower project. I propose to perform these services for an agreed-upon amount. of 410 per hour. This will be for the actual time spent in negotiating for the sites, easements, and rights-of-ways that might be • needed and for any conferences with the Engineers , City Attorney, City Manager or City Commission that may be necessary from time to time. As the work on the sewer project progresses I will submit my statement and report for services rendered on a monthly basis. Statement and report will show the progress made' in easement sites • or right-of-ways acquired , and any other information that may be requested by the City Manager. Of Commissioner Young: What is the date of that letter? City Manager Neff: January 15, 1965. Luther Sparkman: That is in response to a letter 'I received from the City Attorney dated the 13th. Commissioner Grammer: Do you think a resolution passed with this recommendation will give you. . . • Attorney Dubow: I think what we would have to do is put this general language into more specific, and .draft a resolution that would be passed and adopted by the Mayor and attested to by the City Clerk, and then we would have Mr. Sparkman appointed by the City Commission. Although there is a form on here anproved • and accepted by the City of Dania, I don't think by the Mayor signing and attesting this that this would be valid . I think we have to draft a formal resolution, which we could do once we know whether you intend to go through all of these, and give him the rights that he wants and agree to this specified fee per hour. • Commissioner Young: Luther, is your intent to work, what you might informally say, on an appraisal basis with Broome & Farina? Luther Sparkman: No sir. Commissioner Young: So that you would have a couple of heads to • arbitrate or consummate a deal , or whatever? Luther Sparkman: The way I see it, it is going to be this . . . there are several easements that are not definitely tied down. They can mither go on this side or that side. There is going to be an Engineer to tell Broome &r Farina to try this way. If you • can't go this way, go that way, and if John Smith is not in agree- ment and Sam Jones is, we will go to Sam Jones , Now the easements , I don't know how many there are going to be. Mayor Salvino: This is on an hourly basis? • Luther Sparkman: That is on an hourly basis. That sounds like a lot of money, and it is if I were going to work 10 hours a day, but I don't plan on doing that I don't see how it ie possi.ble to do it. That is the going rate for a qualified appraiser of land or right-of-way agent_ , which I think I am. • ;, -2- • City Manager Neff: Mr. Sparkman, how long do you think it will take to get whatever is necessary? Or is that, a moor, question? Luther Sparkman: I don't know. • Commissioner Zenobia: Luther, do we owe you any money now? Luther Sparkman: Yes , you owe a few hours to me now. City Manager Neff: Do you have the easements? • Luther Sparkman: I can't get easements until you tell me to go buy them. I have no authority. And I think, if I may go a Little farther, I think there sr•ould be something in this reso- lution, should you have a letter to the bank, or a resolution to the bank, because somebody is going to have to disburse these funds. • City Manager Neff: This would, Mr. Sparkman and Commissioners, I think that this would have to be in the form of a contract. It would have to be made a matter of record both with the Engi-- neer and with the bank, am I right.Mr. City Attorney? Attorney Dubow: Yes sir. City Manager Neff: Because, as I understand it, from glancing at the original contract, the project. Engineer will have '+-o certify that what you have done has been completed and certi- fied to the bank, and the. bank will then disburse the funds , is .� that correct? Mr. Philpott: Well that is correct . in both ways. In other words, payment for and also payment .of everything that goes out of there has to be in a form. While we are on that, let's go hack to Broome R Farina. They have been named officially in the minutes , but if I may, don't you--think they should have a resolution? City Manager Neff: Well, the second order of business here is the same as the above, only in regards to Broome and Farina. f' Only I think it would be well to consider both of these at the same time because, while they have been by resolution or by motion, been made a matter of record, they do not have a contract. There is nothing specific outlines in these minutes anywhere that shows what they will be given, or what their duties or what their services are to be. I think this should be spelled out too. Commissioner Zenobia: Mr. City Attorney, would drawing of the contract be part of the resolution? Attorney Dubow: I think what you would have to do now is make a motion to request the City Attorney to draft the resolution which would be in the form of a contract , which we would do. And then, of course, you would pass on it,and then it would be adopted. City Manager Neff: May I ask a question? Is there a possible interim action that could be taken in order to allow Mr. Spark- man to proceed? Attorney Dubow: I don't thins: it would be necessary, because we could do this within a clay or so. City Manager Neff : The thing that I was asking for is that this would necessitate another special meeting to -pass on this. And we want to stay away from as many of those as possible. This could be carried over on an interim action of some sort. -3 p Attorney Dubow: I think you have the ri.g' t- to employ certain individuals to wort: for the City of Dania. I£ you want "o em- ploy Mr. Sparkman, I think under your general. authority to do so you could, just as you employ everybody else. But I don' t- think you could , well, this Is the only way I think at the moment that you could do it. I am not very certain on this. • I will check with Mr. Weldon when I get back to see if there is an alternative way, but I think you could do it that way if you wanted to. Commissioner Zenobia: If we pass this resolution now, wouldn' t he automatically be employed? Attorney Dubow: We don' t have a resolution. We don't have a contract here. If you want to pass a repolution hiring him at $10 per hour, etc. you don't have the specifics as to what he is going to do , only generally. And I don't think it would be advisable to do that until we can specifically iron these things • out and put them in the form of a resolution to contract. City Manager Neff: In other words, we would put him on a tem- porary-hired basis in lieu of a contract. Attorney Dubow: Yes sir. That would be the way to work it • until we get this approved . A motion was made by Commissioner Zenobia to instruct the City Attorney to draw up a resolution hiring, as right-of-way agent , for the procurement of lift station sites , easement sites for the city of Dania, Luther Sparkman; also, to instruct the Ci.ty Attorney to draw up a contract. Commissioner Young: I think your motion should also set forth the fact that he is to be retained at a fee of S10 per hour for actual. hours worked , • Commissioner Zenobia: Ten dollars per hour for actual hours worked and billed monthly. Commissioner Young: And I think one thing else you; shoul.d have in that. • Commissioner Zenobia: Well that would be in the contract I think, Ellis. That 's why I asked about that contract. Commissioner Young: Well -you made .a motion. to have him prepare a resolution. • Commissioner Zenobia: Right. C. Commissioner Young: And they don't, have authority to prepare a resolution unless they have the instructions from the Commission. Commissioner Zenobia: This would go right bank to that letter from Luther. Attorney Dubow: Well, you can make , a motion, excuse me sir. Y� . Commissioner Young: One thing else that should he, in my opinion , stipulated is the fact that Mr. Sparkman, as special right-of-way . agent, in conjunction with the opinion with Broome & Farina, con- suiting engineers, should have the right to negotiate and consum- mate. Commissioner Zenobia: Well Broome & Farina are '-he second thing on the agenda. i, +' • • • • Luther Sparkman: Well you are right there. Commissioner Young: Well certainly I 'm right, Luther Sparkman: Because if I don' t have• any authority I 'm just walking around here getting facts and not getting anywhere. • Commissioner Zenobia: Wall, I will add that in there. Luther Sparkman, as right-of-way agent:, to work in conjunction with Broome & Farina as the surveyors for the City of Dania on the sewer project, and that they have the right: to. acquire and con- summate a deal for the City of Dania. 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 2. Same action as above re: Broome & Farina. • commissioner Zenobia: Would that need a separate action, Mr. City Attorney? Attorney Dubow: I believe you can make the same motion. Commissioner Zenobia: I'll make the same motion. I 'll let Mr. • Young re-word it. Commissioner Young: No, you are doing the talking, you go ahead. City Cleric Thornhill: You made the motion the same. • Commissioner Zenobia: The same as the other. Commissioner Young: Well now, is his fee supposed to be the same? Commissioner Zenobia: No, he said $8 an hour. He has two fees. He has a .fee for working out on the field and one for working out • of the office. He had two different fees. Attorney Dubow: He hasn't submitted any of this information to US. Commissioner Zenobia: Well , we could leave the fee out of this • motion, and let that be straightened out according to contract. Commissioner Young: Would you mind if the record would show one addition to your entire motion? And that is to the effect that Mr. Luther,-,Sparkman would serve at the pleasure of the Commission. I mean, if you don't mind. • Commissioner Zenobia: No, it's quite alright. He has to anyway. Can we leave this hourly wage out of. this other resolution? Attorney Dubow: Yes sir. • Commissioner Grammer: Well , one time Mr. Broome gave us, a break- down on what he was going to charge. So much while he was in the field, and so much while he was' in the office. But I can't recall exactly. Commissioner Young: I don't either. • Commissioner Zenobia: I think i.t was S10 and S©, but I wouldn't want to hang for it. Commissioner Grammer: I don't either. I don't even want to say the price, but I remember him giving the prices. s Commissioner Young: We do have to set forth some fees in the resolution, so I think that if you in your wisdom would leave that blank to be filled- in by the Attorney, it would still be proper. : He should also serve at the pleasure of the Commission, if you don' t mind. Attorney Dubow: You could just say at a fee acceptable to the Commission. A motion was made by Commissioner Zenobia to instruct the City Attorney to draw up a resolution hiring Broome & Farina- as con- sulting Engineers and Surveyors for the City of Dania Sewer Project, at a fee acceptable to the City Commission, to serve at the pleasure of the City Commission, and to work in conjunc- tion with Luther Sparkman as right-of-way agent for the City of Dania Sewer Project. 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 3. Action regarding insurance (Builders , Risk, Fire & Extended Coverage) to accompany Sewer Contract. City Manager Neff: Mr. Mayor, again in this third item here, • in order to complete the Sewer Contracts there must be attached to it and made part of the record a Builders Risk, Fire & Ex- tended Coverage Insurance Policy, which the city is obligated to pay the premium on. Now. I contacted Mr. [Mall in order that I would have some basis of a figure to give you. And the figure for this , the premium on it, is .tn2,692.00. It is an approxima- tion, but it is close. This is to cover the portion of the pro- ject that is completed and to identify the government and the contractors so that if anything happens to it it will be replaced in its normal form. So until the papers can go forward and be completed, this has to be done. Mr. Phi.lpott brought *his to our attention this morning, and nothing can be done until the • insurance policy is secured. This amount of, say, t2,700.00 is a sizeable amount of money, and I don't know what your pleasure is as far as advertising for bids or securing insurance, or what you are going to do . But, as I understand through going through the contract, and from talking with Mr. Phi.lpott the Engineer. this must be done before we can proceed any farther. • Commissioner Young: Bill, I think that if we could give approval, Mike as Chairman, of the four man, the three man and one woman, insurance agencies in town. If he would have a meeting with the other three and come up with the best deal. In other words, they would work together on it. • Commissioner Grammer: That is the part I would like to understand. I have been here a year and this guy says he is the chairman and this one says I am on the insurance board. How, did this board originate? Was that at the pleasure of the Commission? I have never heard of this . I have been here a good 15 or 16 months.' This has never come before the Commission. , This guy is chairman, and this guy is going to do this and that. _6- . ,i4; . ® Commissioner Zenobia: We have a couple other insurance men in town. Are they on the board? Commissioner Grammer: You have three I know of. . Commissioner Young: Are thev in town? Commissioner Grammer: Why sure, they have offices in town. Commissioner Zenobia: They have Occupation Licenses in town. City Manager Neff: Mr. City Attorney, would this contingency of living in the City have any bearing upon whether or not this had to be advertised or not? Attorney Dubow: No sir. I believe it would have to he ndver- tised for bids . Commissioner Zenobia: Sure', the two men working on the sewers don't live in town either. Commissioner Grammer: Last night we paid some insurance out. It was over $9,000. We never got no bids on it. Mayor Salvino: Why didn' t you bring this up last night? Commissioner Grammer: Because he is the Chairman. That 's what I am asking now, how did all these guys get to be Chairman? I wasn't going to question the man because .I didn't know nothing about it. What I am asking now is how did these men get to be Chairmen on the board , and all that. The rest of the hoards are appointed every year. Commissioner Young: Well now, maybe that should be formalized. But I think that the study and the energies and the time and co- operation that this group has given will grove without a shadow of a doubt that it is for the best interest of. the City. Commissioner Grammer: Well, maybe if you had another man it would prove a little better. You change the Zoning Board every year, or else you pawn them back. CityManager Neff: I think that this should be Mana g given to your City Attorney to give a Segal opinion on it as to what proce- dures should be for the Commission. What do you think, Mr. Attorney? ' Attorney Dubow: You go ahead and do it. City Manager Neff: Do you think this is the proper procedure? Attorney Dubow: I 'm not certain how they are appointed. I don 't know anything about the insurance board . City Manager Neff: No, I mean not only on the insurance, but on any board . Attorney Dubow: Reordering bids? Yes sir. Commissioner Zenobia: I would like to ask Mr. Philpott a ques- tion. How soon do we need this insurance? Mr. Philpott: Before you start construction. Commissioner Zenobia: When are they expecting to start? Mr. Philpott: I wouldn 't want to say because the contract re- , quired to commense construction within 15 days from the date of the contract. Now, the contracts are out for the . contractors -7- • signatures , but the contract will not he dated until the City completes the contract. That means the approval. of the bond by the City Attorney and everything that goes with ft. So with- in 15 days , in order to comply with the terms of the contract, the contractor has to start construction. But you cannot Permit the • contractor to start construction until you have had this Builders Risk Insurance, or you are jeopardizing your grant, which is one hundred-fifty some odd thousand dollars. And I don't know, of course, what the requirements are as to adverti.sing for bids . That is a legal matter. But if you do have to advertise for bids , in 15 or 10 days , it takes some time to set the thing up, why, • that: means that we are going to run into a two or three week delay. So I hope that there is some way of doing it without having to go through it that way. What we would have to do is delay the date of the contract until you are in the clear on insurance. • Commissioner Zenobia: In other words , we have 15 days as it stands right now, possibly more. But the least we have is 15 days , right? Mr. Philpott: Yes . • Commissioner Young: No, that is not necessarily so. The con- tract,. signed in q days , and the men must start work within 15 days. He can start on the 5th day. Mr. Philpott: Oh he could, yes. • Commissi.oner Young: Yes air. Mr. Philpott: He can, yes , except for one little thing. He doesn' t start until he is authorized to do so, but it has to be within the 1.5 days , and ordinarily immediately after the date of the contract we set up a meeting with the Commission,. and the • City Manager, or the City Manager only, and agree as to what those instructions to the contractor are going to be. In the case of Dania, that is pretty dog gone important. In other words , we try to give him instructions .to proceed as soon as possible without any undue delay. But in any case, he has got to be instructed to proceed within 15 days:!of the date of the contract. City Manager Neff: Mr. Philpott, let me ask you a question please, in regards to this insurance policy. This is covering the exist- ing construction. When you say "started" it' will. probably be preliminary work that will not be termed "construction". Will this make a difference? • Mr. Philpott: Do you mean on the , insurance? City Manager Neff: In other words, say he is clearing an area or digging a ditch, but he has not yet started any construction. • Mr. Philpott: Theoretically yes. I don't know how these insur- ance companies are going to arrive at the meaning, of something like this. I am not an insurance man. But I imagine there i.s an average risk in there somewhere. But I certainly would do this, I certainly would contact more than one insurance broker to be sure that you are getting the best rate possible, because this • is like a contractors bond. What you are supposed to pav for is the risk. While of course in construction of this type the risk is nothing compared '-o building a hotel or apartment house or something like that,the risk is so much lower. Of course, you do have the risk of a possible explosion in vour sewers and things of that kind, which, if they happen. could cause a consider- • able amount of damager. But you don' t have anything that will catch fire and burn. I can't think of anything in the whole job that would just naturally catch fire. ?^ -8- • City Manager Neff: Aty question though is not the indemnity bond , but this is the protection bond , protection insurance I mean. Now, if he does damage to anything that is existent this is covered under the liability. • Mr. Philpatt: You mean if the contractor damages it? Oh yes . City Manager Neff: So until he actually starts construction he doesn't need any protection. Mr. Philpott: That 's true except that the government requires • that he not start construction without this insurance. City Manager Neff: This is the answer. . Commissioner Zenobia: If we put this out for bid, it will. take 12 days advertisement. . That means that on the first we could open • up the bids and possibly have the insurance on the second. Would that hold us up any? Mr. Phi.lpott: Well, not necessarily. If it did hold you un it wouldn 't necessarily be any great amount of time, because there are some other things we have to be doing in the meantime, and • there is nothing to keep you from signing your contract with the contractors prior to the time teat you have this insurance. But you can' t start construction without it. So there i.s an over- lapping of time in there. You are not going to lose at al.l . Commissioner Zenobia: I-Tell after reading about. Hialeah with all • their problems I think we ought to put it out for bi.ds. Commissioner Grammer: I do too. I am in the building business, but I never heard of giving a full building to a board and they cut it up among themselves . While the building is being done for the city they don't cut the bids, and say I will take this • plane of the building and you take that plane and turn in what- ever you want to. It is right down to the same thing. Commissioner Young: Well, you have four Insurance agents when something comes up. And they handle just about every policy in these two major companies. • Commissioner Grammer: Why the four, Mr. Young, that is what I am talking about, when you have got more in the City. Commissioner Young: Well now, I personally don't know of any others that live in the City and have an office here. • Commissioner Zenobia: Why would they have . to live in the city? Commissioner Grammer: Personally, a guy in Fort Lauderdale, i.f he is a licensed insurance company, he has a right to come in here and bid on insurance just the some as the guy who is build- ing our disposal plant out here is from Coral Gables. But the man had a chance to bid on it, and anybody else too , when it is open for bids. I don't think there is anything that says the man has to live in the City, but there are two here that. I don't, know if they live in the City, but they have a license and main- tain an office here in the City. There are possibly more, but I • can t-hink of two. Commissioner Young: Well, I know that it has been very satis- factory, because if one of them comes up with a better rate and one of the other three can't, the best rate, of course, is given to the City. And there has been a jugling around from time to t• time. They work together. You attended a meeting last week that was set up by these four. And frankly, there is another advan- tage too. If we have three proposals, it would be covered under our bid agreement just as well as if we advertised for 15. days . M.A, r,: -9- • • • Commissioner Zenobia: Well, we have to advertise to be r_overed , Ellis. Commissioner Young: No; Carl , I think if ,you read *he Charter, it says insured on supplies, but that is immaterial. You have • three proposals which. . . Commissioner Zenobia: You better check it over again. I will ask the City Attorney what is his opinion. Attorney Dubow: Frankly, I haven't read that section. s Commissioner Young: You know , I would appreciate being allowed to finish a statement.. Commissioner Zenobia: Go right ahead. • Commissioner Young: You have the proposals, you also have the guarantee that you can have a hacker from one of them the same day you ask for insurance. And that is seldom legalized. If you put it out for bid everyone who puts out a hid is going to give you a binder at the same time that they put in a bi.d. • Commissioner Grammer: You never know until you try. If you don' t give a man a chance, you don't know what the man- will do. Commissioner Young: I can't disagree with that. The same proof recommended that pier insurance. Then we put that out of town because the price was better. -, • Commissioner Grammer: Well proof is not in the question I asked . Mrs. Hill, The Mayor, Carl here and myself, now this board has never come before either one of us. You are the oldest commis- sioner here; not in age, but serving on the board. nut I don't understand how this board got appointed , and all that , when you • have got your Zoning Board, and you got all these appointments for all these other boards. All these other boards are appointed every year. I never heard of the board until I was having a cup of coffee one morning and some guy says the insurance board is . going over your insurance. • Commissioner Young: Well, they have been operating for about four years. Commissioner Grammer: At, the time they were appointd& were they appointed definitely, or what do the appointments run? That is what I want to know. • Commissioner Young: I don't think that there was any time nut on to be perfectly frank about it. I think that an appointment could have come up tomorrow, as far as that is concerned. t„ Commissioner Zenobia: I'm not against anybody on the board, in � . fact , some of them handle my insurance , but I feel legally that we have to put it out for bid. That is what I am going on. I think that when they say hid , they meanr.writ.ten hint . I don't- care if it is insurance or what it is. If I have to put in a paving bid, I have to out in a written bid if it is over $900. , and I feel it would be the same thing in insurance. If it is over • s500, you should have to put in a bid. Commissioner Young: Well, you have a man sitting right there that you gave a contract to. Did you put it up. for bid? Commissioner Zenobia: That is an hourly wage. Commissioner Young: Well , it is a fee. It is not an hourly wage. p;a _10_ C t • ® Commissioner Grammer: It 's tl 0 an hour. Commissioner Zenobia: It is sail.] an hourly fee. Commissioner Young: But is that wages? Do we withhold Social. Security tax on it? Or is it a fee? The City Attorney's joh A wasn 't put out for bid was it? Try to get an Attornev or *ry to get 'an Engineer to put in bids. They are not going to do it. I 'm not saying you can' t get insurance peonle to d0 it, because maybe you can. All I am saying is that it has been very sati.s- factory, in the past . 0 City Manager Neff : I think this is a legal question, Mr. Young. I believe it is up to the Attorney to advise, the Commission and take his advice. Attorney Dubow: I would rather not give advice on this right now. The only thing that I can tell you is that I will take it 0 up with Mr. Walden as soon as I get back. I think if someone would make a motion to defer this tonic unti.l. you get: a legal. opinion with regards to whether bids are necessary, that would be the best way to handle this right now. A motion was made by Commissioner Hill to defer this matter • until. a legal. opinion can be obtained from the City Attorney as to whether or not bids are necessarv. The motion was seconded by Commissioner Zenobia. motion carri.ed . 11. Any additional legislation the Ci.ty Commission desires. 0 Commissioner Grammer: Yes, I got one. I got about a' hundred people right where I live who found out that these sewers are going in the street instead of the alley. And they tell me +-hat at the time they built their house, that they were forced ro nut their septic tank in the back, and there is a City Ordinance to that effect, because with the sewer program, the sewers are going • in the alley. And they want to know why there is an ordinance that says that you have to put your septic tank in the back and the sewers can possibly go in the front. Mayor Salvino: I guess Mr. Philpott can answer that question. Mr. Philpott: Well, parts of it. When we started out we had all of the sewers in the alleys. Then, we had a survey as best we could, from indications on the surface of the ground as to what the possible interference would be with utilities such as gas and telephone in some cases. And in some cases there were enough interferences to indicate that the sewers should be moved. So we moved them as far as the plans are concerned,'•babk out into the streets again, after talking it over with the then Ci.ty Man- ager. And so it was advertised on that basis. But actually, that change was made about a year ago. We don't know yet that we have covered it entirely, because we can't require the utilities, for instance the gas and telephone companies, to give us a defi.tiite location of their lines , unti.l'we are ready to go do business with them and are ready to start construction. Now, the contract Dro- vides that we can move them. In some cases we may want to move from streets back into alleys where we find that we have all. the information to start with. Which we would do on the standing that the City Commission wants them in the alley whereever possi.ble. If there is too much interference , there are some Legal prohl.ems involved here. I don't know whether the City can require the - utilities to move their pipes and conduits and cables without compensation, I don't know. But I have no answer for that. How- ever, if we run into a situation where it is definitely determined that there is too much interference with the other utilities, then we will come back to the City. Manager and say, Mr. Manager, we can't get the sewer in there unless somebody moves their utility. , t • Now that: is all we can do. Now we may find that we have situations of the same type where we still. show sewers in the alleys from the appearance of the surfacc,and the information that we could get shows us that 'there is room to get through, and we got out there and locate them on the ground . Each utility l.ocatinp* their own • pipe lines under ground, we may find that we don' t have the room that we thought we dial. In whi•ch, case, it is a choice of eiither moving them out in the street, or requiring the utility to move their pipes , cables, and conduits, or whatever may be in the way. So that is the only answer I can give you. But in every case where it is possible, we will put them in the alleys. If it is impossi.ble, • due to prior construction, we will have to, come back to you and find out what to do about it. The fact- that there is a line shown on the plan only indicates that we ran into a situation where it was indi- cated per the information we had at that time that we had too much interference. And I am not a lawyet, but the City Attorney is going to have to answer that, but the assumption that I made was that the City would very probably have to pay the utilities to move the pine lines , cables, conduits, or whatever you may have. But that is the worst that could happen, and it, could be a very exnensi.ve plan, be- cause we don't have too much. . . .you see', even with a 15 foot alley, we have some cases which right- now are problematical in my mind , where you have a power pole, you have a telephone conduit, you have • a gas meter, and you have a water meter. And you are trying to get a sanitary sewer on top of that yet. And so it is going to be a difficult process . In env case. Because your manhole bases, for instance , are about 7 feet across. So it al.l depends upon where those things are actually buried in the ground , and whether or not they can be required to move them. And if there i.s any expense for • it , then you will have to pay it, that is all. And I haven't the answers� to enough to be able to tell you that we will do thi.s or we will do that, because, frankly I don't know. But we will do the best we can and will exaust every possibility in putting them in the alleys prior to putting them in the streets whether or not they are shown on the streets . But there is no use in saying, for • instance, according to the City map, there are some alleys shown that didn 't go clear through. And the presumption at that time was that the City would acquire that additional right-of-way. Then I got from the Commission that they didn't want to go into that. And I got further information that in some cases there is only half an alley there In other words , there is only 7-1/2 feet. In some cases it was only 5 feet. well. you cannot build a sanitary sewer in a 7-1/2 or 5 foot alley without an underground approachment, which is another problem. And so we just moved out and disregarded those 1/2 or 1/3 alleys. Now in the particular alley that Mr. Grammer is talking about, when we made the survey, we found evidence on the surface of the ground that there was this interference in a 12-1/2 foot alley with other utilities, a water main and a gas main. Those are the only two utilities that I know of that are in there, But they are going to have to be laid out on the ground. You see , the way this was done, we sent out pro- posed sewer plans into the various utilities. And they indicated to us where they think their utility is located. But in the case of the gas company, they very frankly stated that we think it is about thus and so, but we don't know. And we won't know until they actually go down there and locate it and stake it- right out on the ground. Well, when we have them staked out on the ground in the alley, we know where the boundaries of the alley are, but we don't know what you are going to do. But it is going to he the decision of the City and not us. There are some encroachments on some of these alleys. In other words, we moved out of these alleys for the simple reason we can't get through. There is con- struction across the alley. Commissioner Grammer: Yeah, but getting back to the Engineers ?: •. point of view. I know you will understand this. I only have a 50 foot lot, which in my zone I could build 5 foot up to the line. r _12_. 0 • And I checked the elevations, and this sewer shows up to about 9 feet in the road. That means that within a foot and a half within my house I got to dig a ditch approximately anywheres from G to 7 feet. Air. Philpott: No, now wait. We use stack. In other words, we come up to your property line . You won' t meet your house lateral. at the same elevation as the sewers. It. isn't necessary. We are building that up so that you will have plenty of slope to reach that lateral vertically from any part of your lot. Commissioner Grammer: I 'm going to have to go 3 foot deep to get enough fall, because I 'm going to have to come 100 feet . Mr. Phi,lpott: That ' s true. t Commissioner Grammer: And if I go along and have to di.g a ditch the whole side of my house is liable to cave in with the ditch. Mr. Philpott: Well, I didn't know there was such an Ordinance to that effect. But if there is , I think somebody should review it and see if it is a practical matter, because there may be some cases where it is impractical. • Commissioner Grammer: Well , truthful.ly, I don't know if i.t is an ordinance. I was told by the Building Inspector at the time, and I know that these people that I built the houses for were told that because I was there when the Building Inspector. told them that. These people have got that on their mina . f Luther Sparkman: The ordinance says where no alleys are provided the septic tank shall be placed in front of the house, also that future sewers or collection systems. : . Commissioner Zenobia: This has been a big thing since I have been living in Dania. I know they kept saying you had to put your septic tank in the back because the sewer was coming down the alley. Mr. Philpott: Well , we do have some physical problems involved. Commissioner Grammer: Of course. I will say that any alley in town is going to be a problem on water, because the main runs on one side of the alley and you have a cross-over at every fifty. . . Mr. Philpott: Oh, we know that. Yes, ,that's •true: There will be interferences that we will have to steer clear of. But in some cases we have the problem of getting the main sewer in without moving interferences . Those are things that-we are going to have to look out for, and we will just have to confer wi.th the Manager each time these things come up. Because, for instance, we are not going to permit contractors to go into any of these streets where there is an alley adjacent, until we have gotten from the utili- ties the location of all the utilities. Then we are still going to have to come back if there is an interference. We will see the City Manager and say, here i.t is , what are you going to do about it? Then of course the City Attorney is going to be involved as to whether or not the utilities are going to be moved, because you will have an argument probably. It depends upon your Charter and on your general state laws probably, as to what you can make them do. But I know on some of this inter-state, some of the utilities have had to pay for it and some haven't. Commissioner Zenobia: On the fringe areas, Mr. Philpott , will. they be taken care of immediately, or will we have to go through a!' more work to. . . It is in the area where the sewers are going in, but you have some fringe houses that don't show on your plan. -13- • Mr. Philpott: Oh yes , that's cabers you can extend your contract and make extentions within the limits of your budget. Commissioner 7.enobia: Now, will. that go as the men are coming down the area or after the whole project? • Mr. Philpott: Well , I don't. know. We will ask the Commission when we run into these thins , we will ask the Commission or the City Manager. But we will ask him if he wants to extend the sewer. And here is why we are asking. In other words , there have been some houses built down there since we have • established the and of them. City Manager Neff: This is on a unit foot price? Mr. Philpott: It is on a unit price basis according to the con- tract . Any changes eventually have to be approved by the City • Commission. But the price is already established in the contract. The same thing holds true, by the way, on changing from street to alley and back and forth. On the sewers, the unit- prices as a whole, there might be a change in price because there might- he 1.0 or 15 feet difference in length and the. cuts might: possibly vary a little. Changing from an alley to a street. But you don't • have to make any deals with the contractor•because the prices are already stated. But I tt•ink I can sum the whole thing up by this way, that we will do everything possible to get sewers in the alleys. And if we are blocked , we will come to you and say, what are we going to do about it? But I do know, there is no use in talking about these 5 and 7-1/2 foot alleys unless you want to go down • through there and get the rest of it, because it just can't be done . Commissioner Zenobia: I think those 51and 7=1/2 foot alleys are old ones and they never were told to put the septic tank in the rear. • Mr. Philpott: Well, that may be. , I hope so. Commissioner Grammer: Well, these I am speaking of are all 12 foot alleys. I have looked into it. I know water mains are through there because I put in some of the water mains in the • subdivision. It is put over to .one` side, which in my alley is in the North side of the alley. • There is gas up to about 1/3 of the say. But that was put in and that was supposed to have been put up one side of the alley at the time it was -put in there. That is all the utilities I know are in these alleys, because the tele- phone cables are running up above. • Mr. Philpott: You mean on poles in the alley? Well , it just re- mains to be seen if we can get through without moving them. Commissioner Young: Anything else, Mr. Mayor? A motion is in order? Mayor Salvino: Yes . Commissioner Young: So moved. City Manager Neff: Very quickly, you gentlemen asked last night • to discuss something in regards to restrooms at the Dania Beach. I have a couple of figures here for you. I have searched through the records and found that the restrooms that were built in 1958 were built by Crouch Brothers at the price of 56,836.00. The restrooms that were built in 1962 were built by -H. Palmer and the price on that was S6,766.00. This is merely for your information. Commissioner Young: We'll say 0,000.00. !' -14- Y • City Manager Neff: Now, one other thing that you also requested last night was to have me check on controls for traffic lights. I dial , and as outlined by Mr. LaCroix, Police Chief and I went- over and we deemed as they outlined . This is a minimum neces- sity these three controls. And I would appreciate the l.egisl.aL ti.on to authorize me to advertise for bids to secure f-hese, be- cause it is a necessity. I think later on you are going to need even more. But this will give us all working conditions and one spare. Commissioner Zenobia: I will. make the same motion I withdrew last night then. • Commissioner Grammer: You will have to call. the meeting back to order first. Commissioner Zenobia: It's not adjourned , is it? • Commissioner Grammer: Ellis made the motion. Commissioner Young: Well, I made a motion. I wi.l.l temporarily withdraw. , A motion was made by Commissioner Zenobia to authorize the City • Manager to advertise for bids for the three controllers , to be in on February 15, 1965, at 8:30 P.M. Commissioner Zenobia: I don't know the numbers of them right now , I had them here last. night. • Commissioner Young: That included a tripper? Commissioner Zenobia: No. He was. talking about moving a tripper from Stirling Road up to 10th Street. Commissioner Young: I 'll second your motion. Legs have a vote. Mayor Salvino: Any more discussion? Commissioner Grammer: The only thing is the. time. Commissioner Zenobia: I thought you had one for 8:15. - 0 Commissioner Grammer: One for 8:15 and one for 8:30. Commissioner Zenobia: 8:45 then we will make it. Commissioner Young: You can have two of them at the some time. • It doesn't matter. The roll being called, the Commissioners voted as follows: Grammer Yes Hill Yes • Young Yes Zenobia Yes Salvino Yes • There being no further business on the agenda, the meeting adjourned. Mary orn ill City Clerk-Auditor r> ' if Frank Salvino i . :Mayor-Commissioner CITY OF DANIA, FLORIDA A DISBURSEMENTS December, 1964 General Fund O Provident'Life & Accident Insurance $ 300.00 City of Dania Payroll Account 6,h49.28 City of Dania Payroll Account 1,155.80 City of Dania Payroll Account lt107.74 Frank & Son's Trucking 100.55 O Richard Dickerson 11.21 Rue R. Gewert, Tax Collector 734.14 LaCroix Electric Company 272,30 State of Florida, Revenue Comm. 167.32 American Automobile Assoc. 35.00 City of Dania Payroll Account 6,751.32 O Jaxson's Ice Cream 204.00 Ruth Eliz. Smith 20.00 City of Dania Payroll Account 107.16 Florida Power & Light Co. 11934.27 Burrell Bros. Oil Co. 1y045.12 John Kennedy 35.Go O Laud. Refrigeration Service, Inc. 42.25 Argo Uniform Co. 72,20 Dania Plumbing Supply Co. 52.88 Garrison Standard Service 1.29 Sokolow's Department Store 8,4 6 Broward Co. Sheriff Is Dept 52.00 O Jack's Auto Parts 8.18 Lien Chemical Co. 11.98 Davis Meter & Supply Co., Inc. 32.49 Dania Volunteer Fire Dept. 2.75 Howe Fire Apparatus Co. 3.03 East Coast Live Shrimp Co., Inc. 393.75 O Moorehead's Seafood 382.53 Broward Grain & Supply 13.62 Duncan-Edward Co. 123.23 Gabriel Communications 82.50 Meekins 21.01 Orkin Extermination Co. 6.00 O Jones Equipment Co. 27.95 Florida Linen Service 5.40 Smith Office Supply 11.07 Peoples Gas System 19.35 Hollywood Sun-Tattler 16.20 Mac's Chemical & Industrial Supply 33.20 Weekley Asphalt Company, Inc. 14.00 Lexow Auto Parts Co., Inc. 1,26 Dania Volunteer Fire Department 635.00 L.W. Rozzo & Son, Inc. 7.37 First National Bank of Boston 63.79 LaCroix Electric Co. 70.42 Griffey Hardware 27.09 Lee's Locksmith & Bicycle Shop 5.50 Richard Eglinas 39.50 Fort Lauderdale News 20,25 Standard Sanitary Supplies 27.10 Cameron Lumber Co. 7,22 Power Center 75.85 Business Equipment Co. 71.13 City of Hollywood Utilities 128.33 Pan American Tire Co. 437.47 Lippoth Plumbing, Inc, 37.18 Jae. H. Matthews & Co. 290.00 Scotland Electric Supply 211.62 Southern Bell Tel. & Tel. Co. 329.23 ,•r Carried Forward $ 24,352.84 w�1 CITY OF DANIA, FLORIDA O DISBURSEMENTS December, 1964 General Fund - Continued O Brought Forward $ 24052.84 Royal Distributors 10.00 Florida Power & Light Co. 273.08 Florida Dust Control 3.00 Cadillac Overall Supply Co. 234.00 • Xerox Corp. 45.73 McDonald Distributors 147.61 Broward Sport Shops 58.40 City Products Corporation 112.50 Beacon Medical Supplies 2.60 Harris Paint Company 45.45 • Stans Gulf Service 3.84 Caulley Steel & Aluminum Co. 30.80 Callahan Motor Company 1,077.20 Donald Ambrister 25.00 Edward J. Baxter 25.00 Harry Beaufort 25.00 • Jack H. Booher 25.00 Bichard F. Bressler 25.00 Edwin H. Burton 12,50 Sharon L. Burton 10.00 Fred R. Caldwell 25.00 C. Michael Carioggia 5.00 • John F. Clemons 25.00 Clarence Co£ield 25.00 G.R. Conn 25.00 Robert Cowart 25.00 Peter Donald Delziel 5.00 Jesse Davis 25.00 • Phillip S. Davis, Sr. 25.00 Richard Dickerson 25.Go Alfred Arthur Dion 5.00 Richard Eglinas 25.00 Gen Gittens 25.00 Thomas H. Hampton 25.00 • Frederick W. Hesser 12,50 Lee Hines 25.00 W.C. Jackson 10.00 Dan Johnson 25.00 Claude W� Jones 5.Go William C. Jones 25.00 • Darrell W. Joslyn 10,00 John P. Kelly 25.00 25.00 Carl G. King John S. Lassiter, St. 25.00 Richard W. Lees 25.00 Charles Lindeman 25.00 Lucius.McCray 25.00 Karl MacIntyre 5.00 Henry Mason 25.00 Oreste E. Mazziotta 25.00 Ralph Emerson Macnichol 5.00 George Mitchell 25.00 • Willie Mitchell 25.00 Willie Mobley 25.00 Anna J. Moore 25.00 Edwin Hyde Moore 5.00 Herbert Penn, Jr. 12.50 Alva K..Peters 25,00 Mildred D. Pipkin 25,00 Michael J. Ricci, Jr. 25.00 zi:r:' Carried Forward 6 27,349.55 • • CITY OF DANIA, FLORIDA • DISBIRSEMENTS Decembers 1964 General Fund - Continued • Brought Forward $ 27,349.55 Calvin Roaker 25.00 Frank A. Robbinep Jr. 25.00 Dorothy D. Robinson 5.00 Joseph E. Roche 5.00 • Donna A. Rumfelt 10.00 Donald R. Sanford 15.00 Benjamin Shines Jr. 25.00 Montle F. Smith 25.00 Francis J. Straugh 25.00 Clinton Taylor 25.00 • Ernest Taylor- 25.00 George Thomas 25.00 John B. Thomas 15.00 Thomas J. Walsh 25.00 Oscar Washington 25.00 George A. Whitaker 5.00 • R.L. Williams 25.00 Willie Wise 25.00 Nathaniel Young 25.00 Sam B. Jones 25.00 Mary Thornhill 267.00 City of Dania Payroll Account 10151.47 • City of-Dania Payroll Account 6,876.81 Joe Louis Price 10.00 Francis W. Boow 60.00 Frank Salvino 125.00 Carl Zenobia 100.00 Vera Hill 88.59 • Robert Grammer 100.00 S. Ellis Young 8M9 Clerk of the Circuit Court 77.50 Clarke Walden 409.26 Florida State Board of Health 20.00 Humane Sbciety of Broward Co. 25.00 • A.M. Black 200.00 Dania Chamber of Commerce 458.34 City of Dania Payroll Account 19212.38 Total $ 38,954.49 i • c;r CITY OF DANIA, FLORIDA DISBURSEMENTS December, 1964 Water Fund Gulfstream'Loan 2.83 Phillip McBride 4,26 Gulfstream Loan 1.94 Gulfstream.Loan 2.53 Gulfstream Loan 5.80 0 Gulfstream Loan 3.13 Nelson & Kilgore 7.88 Mrs. Fred Lake 7.88 C & H Construction Co. 5.17 Phillip E. Tibbets 7.58 Shirley Collie 7.88 0 Noel Daum William Cure 4.56 R.T. Ryan 6.88 Dennis Dugas 1.55 Edna Holbrook 5.76 Elizabeth Swarney 5.56 0 M.D. Sheppard 7.88 B.J. Florians Inc. 7.88 C & H Construction Co. 10.00 H.M. Hillard 11.30 Nelson & Kilgore 5.56 Nelson & Kilgore 6•69 Charles E. Bennettj Sr. 7.88 Dorothy C. Ihle 7.88 H.M. Hillard 7.88 R. Hunseke "7.88 Joe Torres 7.88 A.R. Freeman 5.76 0 M.J. Stavola 7.88 Macor Corp. 2.83 C &. H Construction Co: 7.88 C & H Construction Co., 7.88 Nellie Parrish 7.88 . Alonzo Williams 10.00 Scirpo & Signore (Total Water Deposit Refunds - $228.35) 7.88 Provident Life & Accident Insurance Co. 28.00 General Fund 442.45 City of Dania Payroll Account 491.27 City of Dania Payroll Account 92.55 City of Dania Payroll Account 165.85 • City of Dania Payroll Biccount 493.43 City of Dania Payroll Account 88.60 City of Dania Payroll Account 127.72 City of Dania Payroll Account 507.59 City of Dania Payroll Account 83.01 City of Dania Revenue SinkitgFund Series 1955 7,216.89 City of Dania Revenue Sinking Fund Series 1946 2t260.14 B.F. Reames$ Jr.j Postmaster 86.04 B.F. Reamess Jr., Pistmaster 85.44 Southern Bell Tel. & Tel. Co. 14.07 Florida Power & Light Co. 530.10 Callahan Motor Company 17.21 LaCroix Electric Co. 12.20 Hollywood Electric Motor Repairs Inc. 12.00 Standard Oil Company 34.60 Burrelll Bros. Oil Co. 712.25 F.H. Ross & Company 287.15 Certified Laboratories 123.66 Standard Sanitary Supplies 4.60 Duncan-Edward Co. 38.54 Approved Safety2 Inc. 317.52 Dixie Plumbing & Hardward Co. 12.54 Davis Meter & Supply Co., Inc. 67.70 Neptune Meter Co. 207.00 Total $ 141188.0