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HomeMy WebLinkAbout86400 - MINUTES - City Commission MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA3, FLORIDA, HELD APRIL 20, 1964. ® The City Commission of the City of Dania, Florida met in Regular Session in the Commission Room at the City Hall. MEMBERS PRESENT WERE: MAYOR-COMMISSIONER ' VERA L. HILL COMMISSIONERS VIRGIL L. TARPLEY JOSEPH D. THORNTON R. L. GRAMMER S. ELLIS YOUNG CITY ATTORNEY CLARKE WALDEN CITY MANAGER LESTER E. CULVERSON CHIEF OF POLICE MONTIE F. SMITH BUILDING INSPECTOR CHARLES LINDEMAN CITY CLERK MARY THORNHILL Meeting called to order at. 8:00 o'clock P. M. by Mayor .Hill, followed by invocation and Pledge of Allegience to the Flag. Minutes of meetings held March 17 and March 26, 1964 were read. A motion was made by Commissioner Grammer minutes be approved as read. The motion was seconded by Commissioner Tarpley, and the roll being called, the Com- missioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes An Ordinance amending Sec. 23-7 of the Code of Ordinances to read: "Tax shall be paid at the beginning of each and every Jai Alai season, beginning with the 1964-1965 season", was read. A motion was made by Commissioner Tarpley this ordinance be passed on second reading. The motion was seconded by Commissioner Grammer, and the roll being t' called, the Commissioners voted as follows: Grammer Yes k Tarpley Yes Thornton Yes Young Yes Hill Yes Applications for transfer of 4 COP License from Leo Gignac and Hazel Gignac to Rosemary Verrecchio, Jack's Bar, 103 East Dania Beach Boulevard; 3 Ps Lic- ense from L. T. Baxter and Ella R. Baxter, to Max Phillips, Inc.,. Drive In Liquors, 530 S. W. Second Street; 2 PS License for Richard M. Lebo, 1501 S. W. 12th Avenue, Grocery and Market, were presented. A motion was made by Commissioner Tarpley these applications be approved on second reading. The motion was seconded by Commissioner Young and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Application for transfer of 3 PS License from Raymond W. Dereway to Sidney Brandes, Ray's Package Store, 18 South Federal Highway, was presented. A motion was made by Commissioner Thornton this application be approved on first reading. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: f 1,0 -1- • Grammer Yes • Tarpley Yes Thornton Yes Young Yes Hill Yes Recommendations from the April 14, 1964 meeting of the Planning and Zoning • Board were considered as. follows: 1. Z. Be Skinner, request to vacate a small area at the intersection of N. E. Third Street and N. E. First Court, known as "Parcel A.* Mr. Skinner explained his position and after discussion from all members, • Mr. Rickards made a motion that recommendation be made to the City Com- mission thqt this property be sold for the sum of One Dollar,($1.00). Mr. Jackson seconded the motion and it carried unanimously. A motion was made by Commissioner Thornton to advertise for a hearing for objections to vacating Parcel A as requested. Hearing to be held May 18, • 1964 before the City Commission at 8:15 P. M. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes • Thornton Yes Young Yes Hill Yes 2. Public Hearing: M. L. Smith, 2612 North Federal Highway, request for a variance permit to extend trailer Park. Zoning B-3. Mr. Kennedy: He is doing a nice job of filling and cleaning of this property, so I am in favor of granting this variance. Mr. Rickards: No objections. The ordinance is outdated in this respect. • Mr. Jackson: I am not against it so long as everybody in the City of Dania with a trailer park doesn't want to extend it. Mr. Loury: I am in favor of granting this variance but he should register his plan with the City of Dania so it canntt happen again and that it will not be extended any further. There were no objections from the audience to the trailer park extension. Mr. Rickards moved that the board recommend that the request for a variance to extend the trailer park be granted. .The motion was seconded by Mr. Hen- nedy and carried. A motion was made by Commissioner Grammer that the Zoning Board recommendations be accepted. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes r.` Tarpley Yes t'^ Thornton No Young No r; Hill Yes �. It now being 8:15 P.M. Mayor Hill called for the Public Hearing on a change of zoning from B-2 to C-1 Classification. I:i ? Attorney Walden: Notice is _hereby given. that the City Commission, 0 City of Dania, Florida shall conduct a Public Hearing at City Hall, City of Dania, Florida at 8:15 P.M. Monday, April 20, 1964 for the • purpose of considering objections of the public to the adoption of an Ordinance which, if adopted, will provide for the rezoning of the following described property: Lots 19 2, 3, Block 3, St. James Park North, according to the plat thereof recorded in Plat Book 3, Page 33, of the Public Records of Broward •County, Florida, from B-2 Classification to C-1 Classification. An earlier hearing, scheduled • for February 17, 1964 was cancelled at the request of the owners of the above described property. Such owriers� have now requested that the matter be considered by the City Commission at 8:15 P.M. Monday, April 20, 1964. All persons objecting to the adoption of said Ordinance to appear in aforesaid hearing to present their objections. Mrs. Thornhill calls my attention to the fact that when the earlier • hearing was scheduled, we had a letter which I will read, dated February 2, 1964, addressed to the City of Dania - Dear Sirs: We are very much opposed to have this section • rezoned for a gas station. We get enough fumes from the Shell Station and at times it is bad. Sincerely Mary W. and Wally F. Stafford. A motion was made by Commissioner Grammer that this matter of re- zoning be tabled until the next Regular Meeting on May 4. •,The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Zoning Board recommendations continued: 5. E. Heisler, Request for variance to build an additional house on the East 181 of Lot 3 and Lot 4, less the East 221 , Block 21, North Hollywood, 222 S. W. llth St. , Zoning R-2. • Mr. Jackson moved that recommendation be made that request for variance be applied for to be heard at 7:45 on the 12th of May. Seconded by Mr. Casciello and carried. jr A motion was made by Commissioner Young that the Zoning Board be authorized to hold a Public Hearing on this matter at 7:45 P.M. on May 12. The motion was seconded by Commissioner Tarpley, and the role being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes 3 1'n ' -3- O 3. 8:00 P.M. Public Hearing: Paul Pisculli, 1121 South Federal Highway, request for a variance permit concerning the use of City of Dania 4 COP Special Alcoholic Beverage License No. 30 for the sale of alcoholic beverages until 4:00 A.M. at Jack's or Better Restaurant, O Each person was told they would be allowed five minutes to speak. Art Franza, attorney for Jack's or Better, Inc. , again spoke for Mr. Pisculli and explained that Mr. Pisculli was being discrimi- nated against and was being denied the right to have a night club because of geographical discrimination and it was just as equally evil for a night club to operate to the north or to the south of O his location. Anyone in any kind of business wants to have the same privileges as the man down the street. Mr. Pisculli is being denied this constitutional right. B. C. O'Connor, 221 S. E. Second Terrace, Dania, spoke briefly in • favor of the closing time extension. Joe Schubert, 300 N. Federal Highway, Dania, Teacher at South Broward High School, spoke against the extension of closing time because it is easier to do things that are not seen by as many people in those hours. O William B.� Jennings , 321 S. E. 3rd Place, Dania, spoke against the extension of closing time and cited many reasons why liquor should not be sold at all. Doris Schmidt, 801 N.W. 12th Avenue, Dania, spoke briefly against O the extension. Charles Kelly, 313 N. W. let Avenue, Dania, spoke ,briefly against the extension. Mr. James McMillan, Dania, stated that someone had called a minister's wife and threatened to run the ministers out of Dania if they came to the hearing. Mr. Pisculli offered $1,000 if Mr. McMillan could produce the man who threatened the ministers. Mr. Richards: "I still find that a hardship has not been proven; therefore I move that this request be denied." Seconded by Mr. Jackson, and carried. City 'Attorney: I might say that the Zoning Board has simply made a recommendation. . . The Applicant will not ask for any further Public Hearing, so it's up to the Commission to either accept or reject the recommendation this evening. Mayor Hill asked if anyone in the audience had anything to say. Arthur Franza: Madame Mayor, I certainly have something to say. However, since there are several Reverends who wish to speak, it would be simpler to have the objectors called first, and then allow • me a few minutes to close. Reverend 0. H. Hudgins, 48 S. E. 7th Street, Dania:- I heard about a conversation on the street the other day between two fellows : one said, "I don't know why we need to extend hours until 4 o'clock, I got pretty plastered the other morning before 2. His friend said, "I did too, but what happened to you when you `r -4- • • got home?" He replied, "Oh, my wife got historical." And the other fellow said, "You mean hysterical.11 I'No" he said, "She got histori- cal . . . she brought up things that happened 50 years ago." Now this request has quite a historical impact and I think you Commissioners will agree that there has been a great deal of hysteria manifest but I believe you, being reasonable readers , you are much more concerned about light than your heat. I have a firm conviction it is this type of decision and choice of the Florida lawmakers and the leaders of our Community to separate the politician, as such, from the Statesman. Abraham Lincoln once said "I would rather a man would out off my right arm than ever signing • a document that would help to perpetuate the liquor trade." Now, it has not been proven to this party and to the other leaders of the Community entrusted with the authority, that I resent this discrimination, that there has been any hardship . . . and even if it were proven that this be a hardship case . . . you people, like myself, as a leader of a Community, a spokesman in the Community, • certainly would never think about trying to levy a hardship on an individual or for a business or concern that would uphold a greater hardship upon a Community. Lady and gentlemen, leaders of our community, .it seems we have a rather • peculiar philosophy of government in our land today. In a previous administration one of our cabinet members stated that what is good for my company is good for my country. It is a very genius and essence of democracy that a convert, just the opposite is true. Certainly under God, and God being my witness this is not a personality thing, I have tried to deal solely with principle. As I said to the one making this • request, I love you as a man and as a person, but I oppose the business that you are engaged in. I know it sounds good to hear the merry jingle of the cash register. I have tried and I have been successful in con- vincing some men in this traffic and in this trade, that if they could go with us and with the doctors and the social workers and hear for a while instead of the jingle of the cash register, the cry of hungry • children and the pleas of abused wives and see the damnation of blight- ed lives, I believe there would be without any coercion a change of minds. I know that you are concerned about the community welfare, this is your dedication, and you like myself are public servants interested in doing • what is best for all the citizens of our community. I am proud to be a part of Dania, but I do not believe that we want to become a mimic of other surrounding communities. I believe with .the leadership we now have in this city we have the potentiality of becoming a model for, in-- stead of a copy of the surrounding communities. I plead with you and beg of you that with a unanimous expression this evening , deny this re- quest for God Ts sake, for this communityes sake, for your own soup s sake, and go home tonight with a good conscience and sleep well. God Bless you. Rev. William B. Jennings: I have two papers before me,' the Fort Lauderdale News dated April 20 and the Miami Herald. I would like to read some of the • things in these articles to you. " Four drivers out of every five involved in an accident have had some amount of alcohol. It is almost impossible to look out for these accidents. Another gloomy note is the rate of ped- estrian deaths in Broward county so far this year. Of the twelve struck by cars along the highway, six had been drinking, five were children and one survived." These statmments show what happens when you add alcohol to driving. The medical examiner is in favor of lowering the 1.5 minimum that stipulates drunk drivers. M of the Broward fatalities had been drinking. • Even with one drink you cannot react as well under emergency conditions. Every one agrees, but nothing is being done about it. We see the danger p of alcohol so far as the highway is concerned. We also recognize the fact the danger of alcohol as far as our mental health is concerned. It is a known fact that alcohol creates our greatest mental health problem. This has been confirmed by a number of medical men. When we talk about alcohol bringing in money as Mr. Piscull.i has said. • Florida in 1959 spent $11p714s= in aid to delinquent children due directly to alcohol. We have a report from J. Edgar Hoover which states that crimes in our nation are directly attributed to the liquor traffic. If you take into account the highway traffic and the cost of all other crimes due to liquor, you will see that in 1959 Florida spent for these . causes $961 Million dollars. I talked with Lt. Joyce of the Highway Patrol today and he has been work- ing on these statistics for the State of Florida. He said the figures would go higher if there was a place so that more autopsies could be per- formed. • Mr. Pisculli says he has been discriminated against. Let me say this as far as the situation North of us-- this is something we inherited and I would like to see it put asunder also. If we work together this might be possible. It is not a residential section such as the area South of the canal. The zoning is not for a 4:00 o'clock license. Service stations are not allowed to go in in certain areas. Are they not being • discriminated against also? We live in a system whereby we want the best for our community. I believe we live in a community where we are willing to stand up for what we think is right and we can have a good community. But if we want to go like other communities we cannot have individuality as we have today. We are going to do away with that which is bad and brings destruction to individual lives, homes and nations. Fred Meyers, 117 N. E. First Courts I have lived Here ten years, I am in business here and make my.living in Dania. I am proud of Dania, but from what I have heard here tonight I am beginning to think that some people only look at Dania in one light. We are a tourist community, what are you going to do drive them away to Lauderdale and Hollywood • and isolate this place. Look at your main street today and the empty stores. There is a reason for it, it's men like these that get.the facts out that Mr. Roosevelt years ago done away with and gave us back liquor. They are trying to take it away again and I am against it. Mrs. Islems I live in Hollywood but I have apartments in Dania to rent. Our trade depends on tourists coming here, these people come down here to enjoy themselves. I also hear a lot of people talk that live here and work in Hollywood. It is their job, they work in taverns, they are making a living to feed their families there. Joe Schubertr. I have lived in Dania all my life. I am not a minister, I am not a person who has come into this town wanting to make my living on tourists. I am not a person that has a slight interest in this town. My cjreat grandfather came to this town manyp many years ago. I have a decided interest in this town. I was born here, went twelve years to Dania school before it was moved to Hollywood. This community has not grown the way I would like to see it. One thing I like about it is the fact it is old fashioned and not traditional in the sense it does not go with every whisper of the wind and say because another community is like this I am going to be like it. A person may come into our town because it is a good town. If our town is allowed to generate into something where evil can grow and where people can take off their shackles 01 4i. • of self restraint and can do what they would not be doing if they were • in their home town, then I don't think I want this type of community if I ever get married, to bring up my family in. I have a vital inter- est in this, I have relatives in this community who also are vitally interested. A person who believes with all his heart and soul that alcoholic beverages are wrong has just as much right to say what he believes as a person who says we should sell it at all times. s I will put it this way -- it you say you want to sell alcohol I do not say you should be deprived of that privilege in this town, but I do say that if you are going to take twelve hours to sell it we should have twelve hours relief from it. • I teach high school students at South Broward. I feel that when I came back to this community to teach from Illinois that I wanted to live in this community where I was born and where I saw values that were worth standing up for. That is why I am here tonight. I feel that you should take cognizance of the fact that last year one incident in particular • was spread all over the newspapers of the fact that a high school student being brought into court and jailed because he was allowed into a place that stayed open until 4:00 o'clock A. M. He also won a twist contest at Lenny's, he was given liquor after 4:00 o'clock because he did not have a legitimate ID card. I am not saying we should use his behavior in saying this was not our fault because we do have an obligation to • something like this. Any of us here will look at this in a far different light if our son or daughter came home in this condition as a result of things going on this way. It has been stated by a lawyer. here that all these things that are being quoted here are not because of alcohol but by traffic violations. If I • put a blind fold on and drove down the street and had an accident because of my not stopping at a stop street, would not be because I did not stop, but because I had the blindfold on. I think my mind is clear tonight, I have not come into this meeting not being able to 'think straight. I think this th ing can either make or break our community because we should make this a strict town. We have enough places like the Moulin Rouge and the Torch Club and places like that. Are we going to stand up and say we are going to get some relief from this. Everything has to be for the benefit of the people in the whole town and not for a few, financially or otherwise. Martin Alberts I am a licensed real estate salesman specializing in acre- age. I am sorry that under the licensing law we are not allowed to name a client individually in this. However, this is one of the larger firms in the U S dealing in electronics. They approached me a few years ago in regard to a tract of land not far from here where they wanted to build a plant. Their potential of employment for this area was 6,000 plus. I was asked two questions, what is the per capita number of bars in Broward • county, and is gambling permitted? Itold them and they wrote me that they would not enter a county which has more than a nominal number of bars and gambling establishments because they could not stand the absenteeism. When you talk about economics, 6,000 jobs in my estimation is enormous. Norman Boyer, Trails End Trailer Parki I have lived in this park for • twelve winters, I am here six months each year. I am opposed to the liquor business and h ave been all my life. I have nothing against Mr. Piscul.li, I do not know him. I don't know you men on the commission, I have talked with Mrs. Hill your mayor, I like this town or I would not be coming back every year. I had not paid much attention to the town, but this past week really opened my eyes. I am interested in trying to keep the hours of opening for the liquor traffic of going any further than they are at the present time. In fact I would suggest that the hours be lowered. If I had my way and the Lord had his there would not be a liquor license sold in Dania. -7- • • • • I have seen men where they could not tell black from white because of the liquor they consumed. I have seen homes busted up because of drink, • I have seen children go without what they should have to eat and shoes to wear because they could not have them because their father had used the money for liquor. The society about us had to take care of them, either the taxpayers or charitable organizations. I am opposed to this liquor. • There are over twenty places in the City,of Dania licensed to sell liquor. I called Mrs. Hill and asked her to give me the number, she could not tell me. I came to the city hall Saturday and the police could not tell me either. They did say they thought ,there was about twenty. When you think about a small community like you have here and you have twenty licenses, and then a man can come in and get a license to stay open until 4:00 A. M. to sell • something that damns men Ts souls, it just does not add up. I think you should vote it down. Manning Taylor, 1220 South Federal Highwayt ' And the multitudes gathered and He said" Beware of the Pharisees because they preach hypocrisy." Ladies and gentlemen I am also a Baptist, I was born and raised a Baptist, • in a Baptist community in Tennessee. I am now a citizen of Florida and a business man in Dania. The principle I would like for you to consider is the principle that our great forefathers founded and believed in which is this, great democracy we have today. I :do not want my church or the great Southern Convention to write the laws of this town, nor do I want the 8atholic nor the Jews to write the laws of this town. I want this commiss- ion to write them. It is not right here tonight to deny this man the right to do his business because it is the law in the,U S. We tested this law, we found we had just as much alcoholism without the law as we did with the law, so we repealed this in this nation,, and we repealed it because it was good. There is a • lot of bad about alcohol, there is a lot of bad about all things that men do. There is nothing in the Bible that I read that says anything about the right of this democracy. In this democracy we separate church and state and I think this commission-- I beg this commission --- I submit to you that this commission should decide the principle upon which this dem- ocracy was founded and .let this religious question of this issue be one of . • attraction to Jesus Christ whom I believe in and love. May the Lord be with you. Arthur Franza,• Attorney for Mr. Piscullii It is pretty hard to top those remarks, but I want to bring this to your attention. When we started this meeting we all got up, placed our hands over our hearts or saluted which • ever the case may be,, and pledged allegience to the flag. The pledge of allegience ends this way -- "One nation under God with liberty and justice for all." Justice for all-- I don It intend to argue prohibition, nor do I intend to argue religion. The prohibitionists are here, they had their say. This argument was decided once and for all a long time ago. •. There was a remark made by one person here about the Moulin Rouge and the Torch Club as against Mr. Pisculli. They seem to forget that Mr. Pisculli runs a restaurant, that his primary business is food. This is a good rest- aurant, one of the best in the City of Dania. The sale of liquor is just an incident to that restaurant, it does not depend solely on the sale of alcohol. -g- it e Much has been said about liquor being bad or liquor being good. I am sure • that if permission is granted Mr. Pisculli for two hours he cannot be blamed for what one of the ministers says about blighted children, hungry families, etc. That is just whispering into the wind, that is not making an argument on the issue that we have here today. I ask the commission to look at this thing with reason and with light and decide it on the issue • and not on the count of heads who may be for or against it for fear of political chastisement or political reward, which ever the case may be. I ask you to look at your conscience and decide what you think is fair. One gentleman said it is like this -- we inherited some of these things. That is no answer-- Mr. Pisculli is a citizen in good standing the same as a citizen North of the Dania Cut-off-Canal and he should be entitled e to the same privileges. The law allows the sale of alcoholic beverages as an incident to the sale of food in a restaurant. The law permits him to run a night club in this zoning area because U S 1 where he is is the same as U S 1 North of the Dania Cut-Off-Canal. The only difference in this being that a geographical line has been drawn stating there will be night clubs only in an area North of the Dania Cut-Off-Canal and another • area in the Southwest section of the City. That is absolutely discrim- inatory, there is no question about it. For some people to say a hardship isn't proved just won't look at it with reason. How can a business man say I want to compete in business here and I am not allowed the same provileges as the next man, and come to this • body and they say they do not see the hardship. If they can't see it they are either•blind and should not be on the board or they do not want to see it because of prejudice. Even the Zoning Board voted 40% in favor of it, there was only one vote that decided the issue. I tell you this -- I have never made a threat in my life and I hope you don't consider this to be a threat, it is just a simple statement of facts. • The ministers and those people who object to this extension, if they really feel that an extension of two hours is going to make a den of iniquity of the City of Dania, which of course is possible, then I ask them to heed this. By objecting they are doing I feel a disservice to the City of Dania. I think your Federal Court, if this is denied, this is where it will be tomorrow, the Civil rights issue will come up, deformation of property without due process of law will come up, deformation of constit- utional rights will come up. There will be no argument of prohibition, there will be no religious argument, it will be simply what is the reason for this particular ordinance? Attorney Wald en:knows that every ordinance has to have a rhyme or reason, there would have to be something there for the common good and that is not here. I suggestto you and I know this for a fact, this ordinance will be declared unconstitutional. If that becomes a fact, and I fell it will, and I very rarely tell a client what the law is because after all the y judge says what the law is and not the lawyer. If this is declared uncon- stitutional then you will not only have one tavern owner that comes in and k asks for an extension, but every one will come in because the law has been 1?, declared unconstitutional. 4+ . Mrs. Rowland: Honorable Mayor and Commissioners$ I feel I would not rest , tonight if I did not express myself here. We are told that the liquor being sold is only incidential. Then why not cut it out, why do you have to have another two hours to serve food. I agree every one has to make a living, and no one in this community wants to see any one hurt. We elected these people on our commission, we elected them to keep our City clean and safe for its residents. I hope that is what they are going to do. Commissioner Thornton: I will make a motion to accept the recommendation of the Zoning Board and deny the requdst. c .. , Mayor Hill called for a second to the motion. Mayor Hill declared the motion dead for the lack of a second. A motion was made by Commissioner Tarpley that the Commission grant the request for the two hour extension as requested by Mr. Pisculli. Commissioner Grammer: I will second Commissioner Tarpleyts motion for this reason: the people elected me to represent everybody in Dania. When I ran for this job I said I would represent everybody in Dania the very best I could. As long as we have a 4:00 otclock license in one part of this town • I feel that Jackts or Better Restaurant does not h ave fair competition with other places, and for that reason I am going to second Commissioner Tarpleyts motion. Commissioner Tarpleu: I sat through two Zoning Board meetings on this and half of a commission meeting. The question is--- is it legal or is it not • legal. We represent the citizens in this city, that was the sworn oath we took when we went into office. I will not sit here and misrepresent the majority of the people in Dania because I know the majority of the people in Dania are not in this room tonight. On the West side of town we have about three churches to every o ne on the • East side. None of these ministers were contacted by any of the ministers here tonight to come up and voice their opinion on this thing. They are , just as entitled to do so as the ministers on this side. I feel as Commissioner Grammer does and that is that Mr. Pisculli has been discriminated against. He has the proper building, the required floor • space and seating capacity, he is not within 1,000 feet of another license, the zoning is proper, so how can you turn a man down when legally he is right on every point. Commissioner Thornton: Virgil you say that is a legal point. I am going to take exception to it. Your ordinance very plainly states that there • will not be a night club in that area, and I am going to do what the ord- inance says. Commissioner Tarpley: I am not asking that you rescind the ordinance. I know he is not in the area specified by the ordinance, I grant you that, but the man is asking for a variance, and this is not the only thing we :• have been asked to grant a variance on. The reason I did not mention North of the canal is the fact that is only a geographical technicality as far as I am concerned and it would not stand up in court. I know exactly where we are going to be sitting when this is all over and I will not be a party to an injunction put against this city by denying this man a two hour ex tension. Commissioner Thornton: I just wanted to know how you stood, you are supposed a to be a backer of the laws of this City. Commissioner Grammer: I would like to say this -- we are not voting on whether we are going to sell liquor until 4tOO o'clock A. M. in the City • of Dania, we already-sell it until 4:00 otclock A. M. If any one wanted ' a drink at 4:00 A. M. they could get one whether Mr. Pisculli was open or not. I do not see where we are going to create any more drinking by giving this man two more hours. It, in my opinion, is just giving him the right to do what other places in the city are doing that are in competition with him. We are not creating any more hazards. ;.;.' Commissioner Tarpley: At the Zoning Board meeting Rev. Jennings asked every o ne in the audience that was for denying this request to stand. At this time I would like to ask all the qualified voters in the City of Dania to stand. Mayor Hill called for a vote on the motion. It was as follows: Grammer Yes Tarpley Yes Thornton No Young I have one thing I would like to say before I vote. ;� -10- Frequently we are forced into a position of doing something which we feel is right and justified even though personally we may be opposed to it:. Due O to final implications of this, I think in all fairness to every one concern- ed that my vote will have to be YES. Hill I feel that this is still a matter of zoning. I intend to sit here and uphold the laws of my community also,as well as the rest of the Commissioners. Our law says no. A variance has been asked for, we are to decide if that variance is good for our community or not good for our community. My vote is NO, The variance was granted, by a 3---2 vote. Continuation of Zoning Board recommendations. 6. No action to be taken. No recommendation made. 7. Waren Bleidner, Secretary for Best-Built Homes, Inc. showed plans of apartments he plans to build and after discussion by Mr. Bleidner and Mr. Luther Sparkman, Mr. Bleidner stated that he was willing to settle for R-2 zoning, although he preferred R-3 as he planned to build tri-plex apart- ments. The septic tank problem was brought out. Property is described as N' of the NE' of the SW' of the NE} of Section 3-51-42. Motion was made by Mr. Jackson and seconded by Mr. Rickards that recommend- ation be made to change zoning from R-IN to R-2 and to hold a public hearing for objections to motion on the 12th of May at 8:00 P. M. Motion carried. A motion was made by Commissioner Thornton to accept the Zoning Boards recommend- ation. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes 8. Mr. Elmer Nitzsche, 271 S. W. 8th St., Dania. Mack Auto Truck Service request for variance. A motion was made by Commissioner Thornton to accent the Zoning Boards recommend- ation. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes c.` Hill Yes 9. Mr. Luther Sparkman, Royal Palm Vista. Requested change in size of floor space from 1200 to 900 square feet. 21 lots zoned RIM. A motion was made by Commissioner Thornton to accept the Zoning Boards recommend- ation. The motion was seconded by Commissioner Grammer, and the roll being S called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill. Yes 4. Idoma James. Mr. Kennedy said that Idoma could. not be present and made motion �s that Idoma James be allowed alvariance hearing at 6:45 on May 12th. A motion was made by Commissioner Young to accept the Zoning Boards recommendation. The motion-was seconded by.Commissioner Grammer, and roll being called, the Commis • • • • sioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes • Young Yes Hill Yes 10. Motion was made by Mr, Rickards and seconded by Mr. Jackson that the Zoning Board recommend to the City Commission that the Comrd.ssion supply necessary funds to get a zoning Consultant firm to review Dania's Master Zoning Plan, I-lotion • carried. A motion was made by Commissioner Thornton to table the discussion for further study. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes: Young Yes Hill Yes • Bills for the Month of March to be approved for payment, were presented as follows. Bills to be attached to and made a part of these minutes. A motion was made by Commissioner Grammer that bills as presented by approved. for payment. The motion was seconded by Commissioner Tarpley, and the•roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes • Bill from Florida Electric Service, Inc. Contract for street lighting on Federal Highway. City Managers recommendation. 85N ,of Contract due at this time - $4,165.00 • A motion was made by Commissioner Young to approve the payment of this bill to Florida Electric Service, Inc. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows. Grammer Yes Tarpley Yes • Thornton Yes Young Yes Hill Yes Correspondence: None. • City Managers Report: City Manager Culverson read a letter from Chief of Police, Monty Smith, respect- fully reauesting to proclaim Bicycle Safety Week for the City of Dania, beginning Monday, April 20, 1964 through Monday, April 27, 1964. Also, a Bicycle Rodeo to be held on Saturday, April 253 1964. • A motion was made by Commissioner Young to honor the request of the Chief of Police. The motion was seconded by Commissioner Tarply, and the roll being called, the Commissioners voted as follows: Grammer l: Yes • Tarpley Yes Thornton Yes Young Yes Hill Yes Bill for Approval: From Erwin Appliances and Equipment Cogpany for air condit- ioner installation as per Purchase Order #1497 for Senior Citizens Building. 12- • The installation was checked and approved. Installation of Air Conditioner in Senoir Citizens Bldg. $988.00 A motion was made by Commissioner Tarpley that this bill be paid, The motion was seconded by Commissioner Young, and the roll being called, the Commissioners • voted as follows Grammer Yes Tarpley Yes Thornton Yes Young Yes • hill Yes City Manager Culverson stated that] as'por instructions of Commission at last meeting, he checked into the lighting for the City liall Parking Lot and found it would run more tha:h $500, City Manager Culverson e.dked for authorization from the Commission to advertise for bids. The bids to be presented on May 18, • 1964, at 8:20 P.M. A motion was made by Commissioner Thornton to authorize the City Manager to advertise for such bids. The .motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes . Thornton Yes Young Yes Hill Yes • City I•Ianager• Culverson advised the Commission that, as per their instructions, work has begun on the Flag Poles, with each pole costing approximately $65.00. City Manager Culverson read a letter pertaining to the Police and Fire Depart- ments Pension Fund in which they recommended that a committee be appointed to work on getting more information. A motion was made by Commissioner Thornton to have this matter handled by the Police and Fire Department Committee. The motion was seconded by Commissioner Tarpley, and the roll being called, the Commissioners voted as follows: Grammer Yes • Tarpley Yes Thornton Yes Young Yes Hill Yes City Manager Culverson presented three proposals for the. purchase of a Striping •, Machine to stripe the City Hall Parking Lot and the Dania Beach Parking Lot. The proposals were as follows: P. T. GARRETT $560.00 PaTM11ET FIRE`EC?UIPrmn: CO. 6595.00 IaPI�U FIRE EQUIPifEIdT CO. $680.00 • The City Manager recommended that they purchase the equipment from the lowest bidder, which was P. T. Garrett of Miami. A motion was made by Commissioner Young that they authorize the City Manager to purchasa the machinery from the P. T. Garrett Co. The motion was seconded'by • Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes • Young Yes Hill Yes City Manager Culverson submitted a wage plan for the Sanitation and 'Trash Department. A motion was made by Commissioner Thornton to table the discussion tmtil the Wednesday meeting at 7:30 P.M., to give the Commissioners time to look it over. The motion was seconded by Commissioner Grammer, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton Yes • Young Yes Hill Yes Mr. Carl Zenobia from the audience brought up the question of the Parking Stickers for the beach. He felt that, since the tourist season was now over, the stickers should begin to go on sale. • h motion was made by Commissioner Grammer to sell the residents of Dania a parking sticker for $1.00. This sticker to be good for 9 months ,of the year, with the exclusion of January, February and March, which is the tourist season. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Grammer Yes Tarpley Yes Thornton . Yes Young Yes Hill Yes • There being no further business, the meeting adjourned. Mary Nhornhill City Clerk • Vera L. Hill • Mayor-Commissioner • • • CITY OF DANIA. FLORIDA ® DISBURSH4ENTS March, 1964 General Fund Vera L. Hill 1133.59 S. Ellis Young 88.59 A.M. Black 138.59 Virgil Tarpley 88.59 J.D. Thornton 88.59 S Clarke Walden l}21.92 City of Dania Payroll Account 1;143.66 City of Dania Payroll Account 5;212.335 City of Dania Payroll Account I,162.146 City of Dania Payroll Account 1;118.45 City of Dania Payroll Account 5;202001 City of Dania Payroll Account 1,115:69 Jas. H. Matthews & Company 159,00 II & H Engineering, Inc. 6,026.56 Florida Revenue Corridssion 67.23 Robert L. Grammer 100,00 Eastern Air Lines 137.60 Southern Bell Tel. & Tel. Co. 198 77 4 Greater Hollywood Chamber of Commerce .14 Business Equipment Co. 51. Standard Oil Company 781:67 Petty Cash 3.03 Broward Business Machines 10.50 The National Cash Register Co. 97030 R.L. Polk & Co. 61t:00 Enfields 2 .25 International Business Machines 414:00 The Dania Press 62:26 W.E. Bunch, Jr. Clerk of the Circuit Court 7.50 Charles Lindeman 25.00 Lours Atlantic Service 10:30 Clarke Walden 450000 Clarke Walden 10.00 Florida State Board of Health 20:00 Humane Society of Broward County 25.' 00 The Travelers Insurance Company 718:44 Mrs Ruth E. Smith 20,00 Kraynak Office Machines 239:75 Owens Communications Services, Inc. •138.80 Florida Power & Light Company 1961 .89 LaCroix Electric Co. 5 05 Eddie's Speedometer'Service 2:50 Hollywood Ford, Inc. 5.97 Davers Paint & Body Shop 19.00 Dania Texaco Service 1:00 Cates Service Station 32.10 Mosler Dropository Corp. 1'7.62 Burrell Bros. oil Co. 98:63 The W.H. Anderson Company 7.50 Wager Governmental Systems Co. 123 .17 Griffey Hardware 134.56 Argo Uniform Company 35.75 S. Ellis Young 12050 Dania Volunteer Fire Department 1,176.00 Lexow Auto Parts Co. , Inc. 15.43 Bill Kelley Chevrolet, Inc. 3.05 Mister Auto Supply 44.53 Miami Fire Equipment, Inc. 10,40 Dania Riverside Laundry & Supply, Inc. 5.00 Carried Forward 29,185.91 0 . • CITY OF DANIA FLORIDA DIS BUR 3EY�It 3 Maroh; 1964 General. Fund Brought Forward 29,185.91 Scotland Electric Supply 10.85 Beacon Medioal Supplies 2.60 Sears, Roebuck, & Company 106;99 Maots Chemical & Industrial Supplies 51;00 Florida Dust Control Service, Inc. g;00 Dania Volunteer Fire Department 8:85 P & G Electric Co., Inc. 126:00 The Reuben H. Donnelloy Corp. 9;00 Cadillac Overall Supply Co. 199:70 City Products Corp. 42:00 John Sessa A Bulldozing 42:00 Cameron Lumber Company 35. Richard J. Eglinas 50:50 Florida Asphalt Company 111;00 Broward Grain & Supply of Dania, Inc. 10;17 Broward County Sherifffs Department 18.00 Jaxsonts Ice Cream 316.20 Callahan Motoh Company 12.25 Tom Wood Truck Equips, Co., Inc. 8.71 A.M. Collot Supplies, Inc. 975 Pan American Tire Company 13.50 Winthers Glass Shop 104:40 Frank R. Hill 20.00 Ted Tarpley Landscaping 24.30 American Playground Device Co. 77.81 Edge & Murphy, Inc. 56;25 Standard Sanitary Supplies 74.25 City Utilities Office - Hollywood 54;50 Richard Dickerson 25;00 City of Dania Payroll Account 82:00 Broward County Recreation Association 10;00 Coastal Business Machines. Equip. - 12.37 A.M. Brady Wholesale Hardware, Inc. 58;84 Anglers' Tackle & Sports Shop 5j.16 Norman A. McDuffie 600 Watkins Faints 4:00 Marietta Pool Equipment Co. 35.32 Mee-O-Matic §ervice Co. 12,15 Lee 's Locksmith & Bicycle Shop 9,08 The Aldon Corp. 24.75 Dania Chamber of Commerce 375:00 People's Gas System 8:34 J.R. Adams Flooring Co, 209:00 Kennedy - Santana, Inc. 15.00 Florida Linen Service 2; Orkin Exterminatmrs 12.00 J.R. Adorns Flooring Co. 61.25 Lauderdale Refrigeration 147.50 Aero-Tize Co, 25.00 Aero-Tize Co. 50000 Rickards Electric Service 448,67 Rickards Electric Service 448067 Royal .Distributors �,00 Lien bhemical Company 20.9a Duncan Parking Meter 800,00 Total 34PI97.97 • CITY OF DANIA, FLORIDA DISBURSITdINTS • March, 1964 Water Fund Grady Leake 7.58 Janes Iasell 7.58 Victor Braecher 6.69 Gilbert Glass 7.58 Ruthann a Markley 7.88 George Rizzo 7.88 Arthur Livieri 10.00 R.M. Hillard 6:69 George Chronis 2.45 John Schlosser 10.00 P.M. Construction Co:P.M. Construction Go: 4.38 :28 P.M. Construction Co: 5*76 P.M. Construction Co. 5:76 H. Thomas, Bldr. 10.00 Donald E. Harmon 5.76 Total Water Deposit Refund #109:27 City of Dania Payroll Account 4015 City of Dania Payroll Account 4lih.18 City of Dania Payroll Account 10 :78 City of Dania Payroll Account 447.18 City of Dania Payroll Account 92. 8 City of Dania Payroll Account 55.65 B.F. Reames, Jr. Postmaster 85064 • Southern Bell Tel. & Tel. Co. �4.47 Florida East Coast Railway Co. 324: 0 Florida Power & Light Co. 541.12 Mosler Dropository, Corp. 20,90 F.H. Ross & Company 377015 United Cement Co., Inc. 630a00 • Certified Laboratories 106o75 Florida Testing & Engineering Co. 15,00 John Sessa - Bulldozing 232.50 Peninsular Supply Co: 255.23 Fairbank, Morse & Co; 31:31 Davis Meter & Supply, Co., Inc. 116: 9 • Brooks Products of Florida, Inc ; 66:50 Broward Grain & Supply of Dania, Inc. 11.94 Total Disbursements. w 40127.79 The Dania Bank(Money deposited for 1946- 1955 Water Revenue Bonds) 9,699.80 • Total Amount of Checks 0 13027.59 • .4;