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HomeMy WebLinkAbout86412 - MINUTES - City Commission • MINUTES OF REGULAR MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA HELD FEBRUARY 17, 1964. ® The City Commission of the City of Dania, Florida met in Regular Session in the Commission Room at the City Hall. PRESENT WERE: MAYOR-COMMISSIONER VERA L. HILL COMMISSIONERS R. L. GRAMMER • VIRGIL L. TARPLEY JOSEPH D. THORNTON S. ELLIS YOUNG CITY MANAGER E. S. TUBBS, JR. CITY ATTORNEY CLARKE WALDEN CHIEF OF POLICE MONTIE F. SMITH • BUILDING INSPECTOR CHARLES LINDEMAN CITY CLERK MARY THORNHILL The meeting was called to order at 8:00 o 'clock P. M. by Mayor Hill, after which Pledge of Allegiance to the flag and invocation was held. • Minutes of meetings held January 7, February 3 and February 5, 1964 were read. A motion was made by Commissioner Tarpley minutes be ap- proved as read. 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 Recommendations from the February. 11, 1964 meeting of the Planning and Zoning Board were considered as follows: (1) The request of Jordan Furniture Company, Inc. for approval of Plot Plan for an addition to existing building located at 48 South Federal Highway, Zoning B-2, was studied and discussed. Motion was made by Mr. Kennedy and seconded by Mr. Rickards that • the recommendation be made that the Jordan Furniture Company plans be approved as presented, with a wall not to exceed a maximum of six feet, and sidewalks to be put in according to the City Ord- inance. The motion was carried. A motion was made by Commissioner Young to accept the recommend- ation of the Zoning Board. 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) Louis LoPrinzo, Lou's Atlantic Service Station - 1 South Federal Highway, requested an Occupational License for a U-Drive-It - Rental Car. Question was discussed as to cover for this business being re- ruired under the City Ordinance. Mr. Louis LoPrinzo advised that the cars would be under cover but that the actual transaction of >' business, such as signing contracts, etc. , would be done indoors in rat -1- • the service station building. • Motion was made by Mr. Rickards and seconded by Mr. Casciello recommending that approval be granted for the Occupational License to Louis LoPrinzo for a U-Drive-It- Rental Car, not to exceed six cars at any one time. The motion carried. Attorney Walden: There is a license for a U-Drive-It , but that he • had not seen the recommendation before and he would like to check and see if all the ordinances were being complied with before any action is taken on it. A motion was made by Commissioner Tarpley this item be tabled until • the next meeting. 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 It now being 8:10 P. M. Mayor Hill called for any bids in the aud- ience for street lighting along Federal Highway. There being no more bids, a motion was made by Commissioner Young that the time for accepting bids for the installation of lighting along Federal Highway be closed. 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 Yea • Zoning Board recommendations continued: (3) Public Hearing-- 8:00 P. M. R. B. Gautier, attorney represent- ing the Dania"Fronton Corporation and Monro Operating company, • spoke requesting a variance permit concerning an exception or var- iance from the requirements of Ordinance No. 392-A, with respect to the construction of sidewalks adjacent -to their property. Mr. } Gautier said he felt it might be. reasonable to put sidewalks on the West side, although they would be torn up by cars driving over and parking on them, and eventually on the North side when there is a need for it, but now we don't feel it would serve any public use or purpose. Also, the city can put in sidewalks .and lien us, but I am convinced that the Ordinance cannot make us lhut in sidewalks. Mr. Kennedy made the motion that a recommendation be made to the City • that sidewalks be put in on the West and North sides of the Dania Fronton within the limited time period as provided in the agreement by the City Commission, giving a year's grace for the road-way to be put in on the South side, in which case, if no word -is received re- garding the widening of Dania Beach Boulevard within one year from _ May 22, 1964, then sidewalks should be put, in at the expense of the Dania Fronton Corporation. The motion died for the lack of a second. -2- • Mr. Jackson made a motion to recommend to the City of Dania that the Dania Fronton Corporation conform to the City Ordinance on two sides; • the North and West, and as to the South, give a one year's extension from Mayy22, 1964 to May 22, 1965, at which time, if no word is heard regarding the widening of Dania Beach Boulevard, the Dania Fronton Corporationwould conform to the Dania City sidewalk Ordinance. The word regarding the widening of Dania Beach Boulevard would br from the state Road Department to the Dania City Commission. The motion was seconded by Mr. Rickards. Roll call vote was as follows: Kennedy Yes • Jackson Yes Rickards Yes Casciello Pass Loury No Because I want it in the record that I want • to see the Dania Fron- ton Corporation conform to the full City. Ord- inance. • Mayor Hill recognized Mr. R. B. Gautier, Attorney, representing the Dania Fronton Corporation. Mr. Gautier: First, I would like to say we are not trying to be unreasonable in our opinion, concerning your sidewalk ordinance, we • are trying to be cooperative. We do not want to put sidewalks in if they do not have or serve a useful purpose, or if they will be des- troyed. A little over ten years ago, my clients purchased 20 acres of land on Dania Beach Boulevard running back to Second Street. We used • about 15 acres of the property developing the fronton. .We gave some right-of-way at the time on the north and west of the fronton prop- erty for streets. The North 5 acres has never been filled, there has been some landscaping in order to beautify the property. it is not utilized today, nor has it been utilized before, other than palm • trees to circumvent the West and North sides of the property. In our discussion with the Zoning Board we contended that it would be a waste of money to build sidewalks on the South side of the property on the Dania Beach Boulevard, because the SRD, we believe, , • will, within a reasonable time pave that street. It being a primary road, they will build sidewalks. The West side as shown in photos presented to the Zoning Board and here for your information tonight, shows where the public is parking at night when we are in operation. This is where the sidewalk will be located. We will put that side- walk in as I told the Zoning Board, if it is the desire of the Com- mission, as far back as we use the property. This is a legal matter and I do not want to get into a legal argument. But I think your able attorney, at least I think he will say-- I have a logical con- tention. Under this ordinance you have passed I am injecting this -3- • • . r' e question. I don't think when a person buys 20 acres of land and develops a portion of it and gets a building permit to utilize and develop a portion of it, that you would have to sidewalk the whole f 20 acres because you have unity of ownership, because conceivably it could be a 20 x 20 plot you are developing, on that basis we do not feel that lawfully you have the right to make us put side- walks on the 20 acres that has never been filled and is not invol- ved in any respect to the improvement in the fronton operation. We will be glad to build the sidewalks if you so desire, or if you make us, on the property that we use. The SRD will put in sidewalks, and the Zoning Board agreed with this, that they will not only build a new road, but sidewalks, curbs and gutter and adequate drainage. This will be built reasonably soon and it will be injurious be believe • to make us put a sidewalk in there when the taxpayers money is going to pay for it. It will be paid for by the State of Florida out of the general fund of the SRD. We have tried to be an asset to this community and live in the spirit of it. We have paid one-half million dollars in ten years w to this community, of course, ,that has nothing to do with this particular question. We have paid $267,000 in head tax and $248, 000 in real estate tax. To build a sidewalk.where there is no pedestrian traffic of any consequence, to keep officers out there for safety factors•, and at night they will need several; seems futile. The City owns the ,property on the West of our property and you have not seen fit to build sidewalks on your own property around the park. We will build our sidewalks on the part we are using on the West if it meets with your judgment and desire. But believe me, the cars will have to stay off of them or they will be wrecked before they are down good. t If the sidewalks are built on the West side it will mean revenue to us because the people will have to come in our parking lot and pay to park. I will be glad to answer any questions you might have. Commissioner Tarpley: . Yes. I have quite a few questions. In the first place you have been in violation down there for 11 years. Mr. Gautier: In violation of what? Commissioner Tarpley: In violation of our sidewalk ordinance. Yet • you say you are here in good faith and want to cooperate with the City. Mr. Gautier: How have we been in violation for 11 years. Commissioner Tarpley: That is how long this building has been there. Mr. Gautier: When was your ordinance passed? Commissioner Tarpley: In 1952. • Mr. Gautier: The only way I can answer that is that you have not enforced the ordinance. Every building that we have done has come through a contractor and if it was being enforced I would have thought that would have been the time you were. enforcirig it. • -4_ . • • A Commissioner Tarpley: I was not here at the time. Mr. Gautier: It was never contemplated in my opinion, to make acreage, unfilled land, where there was not enough pedestrian traffic around to count, to construct sidewalks around 20 acres of land. This ordinance was passed, in my opinion, for the type property where people are using 70 or 80 foot lots to build re- sidences where you would have pedestrian traffic. Commissioner Tarpley: You stated that nothing had been done with the back end of this property. When this addition was put on last fall you put in a drain and catch basin inside the fence and a culvert under Second Avenue, what do you call that? You put a fence • around, what do you call that? Mr. Gautier: We put a hedge around it to beautify the property and the community. You may call a palm tree or a hibiscus bush an im- provement, I don't. You would not have to get a building permit to r put it in. Commissioner Tarpley: Let's get back to the fence then. commissioner Thornton: The fence was put in when the fronton was first built. The ordinance was not passed until 1959 requiring side- walkp and the fronton was built in 1953. Commissioner Young: The ordinance was passed in 1956. • Commissioner Thornton: It was passed after the fronton was built. Attorney Walden: The ordinance was passed in 1956 and since that time you have made one or two improvements where the ordinance was not .enforced. • Mr. Gautier: We have made several improvements Mr. Walden since the original building. commissioner' Tarpley: You put in a drain and catch basin this last, time. • Commissioner Thornton: That drain and catch basin is doing the City a lot of good. It is taking a lot of water away from the bank corner. commissioner Tarpley: That catch basin is inside the fence and it is above the ground level. There is no way in the world water can - get inside of that catch basin Commissioner Thornton: Where does the water go that is inside the catch basin? Commissioner Tarpley: Don't ask me I do not know. Commissioner Thornton: Well you know where everything else is down there, I thought you would know where the water goes. r , Commissioner Tarpley: I know where the catch basin is and that there is a drain from the fronton down to it. This is all one piece of property, it is not listed as two pieces of property. • Commissioner Thornton: it is the same thing as our park across the street. I have told you a thousand times you have made several major improvements at Frost Park and you have not made any effort to put a sidewalk around the park. You are not worrying about an ordinance 4 Virgil, you are dealing strictly inr'personalities. I have argued this thing all along. Take the personalities out of it and you would forget the sidewalks. Commissioner Grammer: I would like to say something about utilizing the property. I was not here at the time the fronton was built, but it seems that back part would have to be shown as a drainage area. If you built an apartment or restaurant you would have to have drain- age, you would have to put in a dry well to take the water off the black-top and off the roof. So it looks to me like whoever was on' • the commission at the time should have made some provision for drain- age. Mr. Gautier: You are talking about something out of my field, I know nothing about drainage. As far as I know your city manager and city attorney will know the answer, you can use part of your property for drainage and you do not have to get a building permit for it. That would be my opinion. Commissioner Grammer: You do for everything else. Mr. Gautier: If you are constructing a building you do . Commissioner Grammer: Isn't the Hi-Li a building? Mr. Gautier: As are admitting that we are using 14 acres of the 20 we own. -We are saying we are not using the back 5 acres. Commissioner Grammer: Not as a building, but for drainage. Mr. Gautier: We are not using it for parking or for anything. * Commissioner Grammer: If we put black-top in say for a 4 unit building, we cannot drain the water in the street, we have to have a grassed area around the parking lot for water to soak into. I presume the 5 acres in the back was left to take care of your sur- face water off the black-top and off the roof. Mr. Gautier: I do not know where the. water flows. I would think that it would flow into Dania Beach Boulevard in the drains. Commissioner Thornton: There are catch basins at the entrance to 4 the fronton on the South side. It drains under the road and goes into the big drains put in by Mr. Frost and goes. into the open ditch to the east. City Manager Tubbs: Let me clear this up if I can -- I was on the Commission when this building was constructed. The back area was. for drainage, the g parking lot was built with a slope to the North. -6- • The drain on the West side goes into a catch basin on the corner and drains North into the land owned by Salvino. Last summer a permit was obtained to pave the back area. The plans showed three drains. The drain was put in across Second Street. You were going to pave the entire • area and take the water into the same ditch the City uses. I don't know why the job was stopped. Some rock was put in about the time the fronton opened and I presume you will go ahead and finish the job after the season is over. You put the pipe across the road and stopped before it was fin- ished. • Commissioner Tarpley: We will forget that far back. Let's talk about last year when this addition was put on. I think they were aware that we had an ordinance to that effect, yet they sat right down there and openly defied this city until two days before opening date. .I would like to know why? Mr. Gautier: I can answer that. We would be pretty sill to get in a fight . • with thei community. Commissioner Tarpley: You do not have to get in a fight, all you have to do is come up here and comply with the ordinances. Mr. Gautier: We sent a contractor here•.to get a building permit, the reason • they did not talk about sidewalks then, I do not know. But I do know that Mr. McAndrews got a building permit and I do not know that any thing was ever said about a sidewalk: I heard there wasn't. One thing I do know for sure is that this ordinance recognizes that you can get a variance under unusual circumstances. When you take 20 acres of land and start talking about sidewalks on three sides of it, that' is a lot of sidewalks. It is • conceivable under this ordinance you could use 100 feet of the 20 acres and you would not be expected to put sidewalks on the full 20 acres, I don't think the ordinance was ever designed for that.or you would not have had the variance provision. Commissioner Tarpley: I don't know anything about that, all I know is I • am trying to enforce the ordinance. Mr. Gautier: I have read it and it is a tough ordinance. Commissioner Tarpley: I agree with you. • Mr. Gautier: I know you contemplated exceptions because of the variance provision you put in it. Commissioner Thornton: Let me ask you a question Virgil. . Did you approve the plans for the canning plant? • Commissioner Tarpley: Yes. Commissioner Thornton: Did you force them to put in sidewalks on two sides? Commissioner Tarpley: Noy for the simple reason there was no place for a sidewalk. Commissioner Thornton: There was a place for them. You approved the plan for that building to come out io the edge of the property. Commissioner Tarpley: We granted a variance on that. • Commissioner Thornton: Not for sidewalks. The variance was for the build-, ing. Commissioner Young: This road does .not have a dedicated right-of-way. N. -7- ,T,; • Commissioner Thornton: There is a right-of-way on part of the road, and sidewalks were never mentioned. I did not hear sidewalks mentioned where five or six warehouses were built, they still do not have them. • Commissioner Grammer: I put sidewalks in where I built two warehouses. When you say people do not walk on them, that is not in the ordinance. I have a house right now that does not have a sidewalk within two and one-half blocks of it, in fact it is sitting out in the middle of a field, and I had to put sidewalks in. • Commissioner Thornton: . You have some warehouses that do not have sidewalks too. have- some Grammer: There is not a street there either. • Mr. Gautier: You can make us put in sidewalks under the ordinance. Our argument of contention is that the State will put them in on the South side, we will put them in on the West side along the portion of the property that we actually use. We will be glad to put them in on the North side when we get a permit to pave it. No one will be using these sidewalks. • Commissioner Grammer: That is the point I am trying to get over to you Mr. Gautier, you are utilizing that property for drainage. Mr. Guatier: You utilize a lot of property as drainage. Your City Attorney can answer this perhaps better than L can. If I get a building permit and own 20 acres of land, and utilize part of it for a building and part for • drainage, I dontt think this ordinance invisions me sidewalking the whole 20 acres, I just do not think that is a matter of law. Attorney Walden: I am inclined to agree with you on the law. The ordinance though does provide for this procedure of applying for a variance permit if the property owner feels that there any factors, the use of sidewalks would • be one of them, which makes a strict application for an undue hardship. Frankly, since the ordinance was passed, you are the first one to ask for. a variance. I do not recall another application. .. _.. . Mr. Gautier: I wish we had asked for it when we should have. I am not condoning us for not coming up here in normal procedure, but I am a lawyer • and I did not know about it until you would not give us a Certificate of Occupancy. Commissioner Tarpley: It was a matter of record that you would not get a Certificate of'Occupancy until you complied•:with`the:otdinance. Mr. Gautier: Well my friend we put up a cash bond. You officials made us do what we should have done before. I am not condemning you for that. I am merely talking about the reasonableness of this whole matter. Commissioner Tarpley: If you had wanted to do what was right and in good faith you would have come in and approached the City like you should. • Mr. Gautier: I have agreed with you about that, so. we can't get in any argument or discussion about that. Commissioner Grammer: Let me ask you this Mr. Gautier. On the zoning board recommendation-- you let the City worry about whether the cars tear • up the sidewalk or not. We have a nice police force here and I believe we can poilce it. If people pull upon the sidewalk we can give them a ticket. If you put in the sidewalk according to the Zoning Board recom- mendation-- that is down the West Side and ,the North side, we will go along with the one year across the front. Personally, I hate to see your front torn up myself, because it is beautiful. • _g_. • Commissioner Tarpley: I can tell you right now you are not going to see any widening of Dania Beach Boulevard this year. Commissioner Grammer: Would you be willing to go along on their recom- mendation) and as far as the parking, let us worry about it. Mr. Gautier: I do not.know how much authority I have to speak for my client. But we will go along with anything you people tell us that is within reason. This is not a gigantic matter that is going to break any- body. I fell legally that we should not have to put in sidewalks on that area that we contend we are not utilizing. We offered to the Zoning Board that we would build them on the West side in hopes they would not make us put them on the south side. When we use the other part or sell it to some one else the sidewalks will be built. If you tell us to build them on the West and North, I imagine my clients are going to build them. We do not want any law suits or any commotion over it. Commissioner Grammer: In order to cut this short, I will make a motion .to accept the recommendation of the Zoning Board with one change, and that is - that everybody from US 1 to the East city limits along Dania Beach Boulevard have the same time limit to construct sidewalks. I do not think it is fair to let one have a time limit and not another. You may have a building go up next week or a month from now. I think every one should have the same time limit. Naturally, if the road does not go in during that time limit we expect the sidewalks to be put in. Commissioner Tarpley: You have an addition to the Oyster House going in • right down the street. Commissioner Grammer: Under my motion he will have the same right as the fronton, if he wants to come in and put up a bond for the sidewalks and wait a year. Or, if he wants to put them in he is welcome to do so. But if they want to take advantage of the year, they have the same right. If they want to put them in I see no reason to stop them. Attorney Walden: I think the Commission should be consistent, we have this long agreement with the fronton. I do not know if we would have to get in- volved in this same type thing with each individual property owner or not. You can let the minutes show what your wishes are, etc. This is sort of an unusual situation here. Commissioner Tarpley: If you do that you will be setting a precedent. Attorney Walden: The Oyster House has already agreed to put them in. Commissioner Tarpley: They already have a permit for them. Commissioner Grammer: It does not make sense to me to say you are going to stall a year by saying you don't want sidewalks in because they are going to widen the road. If they are going to put sidewalks in and then tear them up, it is silly to put them in. Commissioner Tarpley: I am in Tallahassee at least once each month and sometime twice, and I constantly check on these things. At the present time there is not a penny in the SRD appropriations for Dania Beach Boule- vard. Mr. Gautier: They have not set their budget for the next year, so there cannot be any money for it. How do you know there is or is not going to be any money for it? Commissioner Tarpley: I don't know. Commissioner Young: I would like to ask the Attorney if he does not feel that the motion as it is-- is establishing a dangerous precedent, which could be used to the disadvantage of. the well being of the City in the future? .1; -9- 1' - Attorney Walden: I think this -- If Mr. Grammer would omit the one prov- ision about the other property owners out there-- that is -- omit entirely that any later application for a building permit; if the owner wants to ap- ply for a variance we would be almost bound to give it to him. I would like for you to omit that from the motion. Commissioner Grammer: This motion was not for a variance. I am not for granting a variance. If that is what you want, I will withdraw my motion. Attorney Walden: Basically, this motion was to accept the recommendation of the Zoning Board. Commissioner Grammer: They did not recommend 'a variance. Attorney Walden: No. They recommended complying with the ordinance ex- cept on the South side, there it was deferred for one year. Commissioner Grammer: I will let my motion stand then. Commissioner Tarpley: I think this thing has been held up long enough, and today is a good day for reckoning. • Commissioner Thornton: Answer this question -- you want to enforce the ordinance in one place and forget it in another -- why? Commissioner Taprley: I am not for enforcing it in one place and forget- ting it in another. In fact that has not happened -since I have been on • this board. Commissioner Thornton: It certainly has. You were sitting here when the addition was put on the canning plant. Commissioner Tarpley: Yes. For the simple reason there is not a dedicated • right-of-way on Griffin Road. Commissioner Thornton: What is that on the East side of the property? Commissioner Tarpley: That is 8th Street. Commissioner Thornton: Where is the sidewalk there? Commissioner Tarpley: The building does not come up to 8th Street. Commissioner Grammer: That is only a 40 foot right=of-way. If you take 4 feet off each side you are certainly cutting your street down. Commissioner Thornton: You make deals for right-of-way in other places when you want to put in sidewalks or streets, why not here? Commissioner Grammer: We are making a deal here. Commissioner Thornton: You are still getting away from my question. Are you going to enforce it all over, or, are you going to enforce it because you dislike somebody that is connected with them and make an issue out of it? Commissioner Grammer: I am going to enforce it all over. I just mentioned this was a narrow street. Commissioner Thornton: I say we should go right back and put them in. Also, around all the warehouses and the City park. You are overlooking your own house when you skip the park. -10- y . I 1 • Commissioner Young: You are overlooking something too here. About a year ago you were instrumental in forcing the people on the north side of the canal, I believe it was N. W. 12th Avenue, to put in sidewalks. They had • not made any improvements to their property. It was not done by ordinance, but by the general provisions or general powers of this commission. If you are going to force some one to put them in when you do nbt have an ordinance to back it up, you can certainly do it when you have an ordinance. Commissioner Thornton: You were paving the street and putting in storm • drainage on this street. Commissioner Young: We were paving the street and putting in storm drain- age and did nbt have an ordinance to back us up and I will second Com- missioner Grammerts motion. If it was good for the people up there, it is certainly good for people that I happen to know are good conscientious • and respected citizens of the town. Commissioner Thornton: Are you insinuating they are not? Commissioner Young: I did not. I just said good citizens of the town. I was not insinuating anything, if I had a statement I would make it. • Commissioner Thornton: What are you going to do about your own park? Commissioner Young: The City is not forced to make itself put in sidewalks. There are two sides that have sidewalks, another side is an alley. • Commissioner Thornton: Sidewalks are not all the way down two sides. If you are going to make the shoe fit one foot, you are going to have to make it fit the other one too. There are no sidewalks on city property on the West side of the fronton. Commissioner Grammer: I would like to .amend my motion. I would like to • state that sidewalks be omitted across driveways at N. E. First Street. entrance to the fronton parking lot. Commissioner Young: That is a large driveway and I think it should be omitted there. They should end right at the driveway. ' • City Manager Tubbs: There is also a. driveway on the North side exit from the parking lot. Commissioner Young: I think that one should be eliminated too. That is- no sidewalk constructed across it. • Commissioner Tarpley: I would like to ask Commissioner Thornton who the personalities were that he was referring to? Commissioner Thornton: I don't have to name them you know who they are. You name them every time th is issue 'comes ,up. • Commissioner Tarpley: I have not named anybody here tonight. Commissioner Thornton: Every time before that this has come up you have named them. Commissioner Tarpley: I would liketo know who they are. • Commissioner Thornton: Mr. Houston. I do not have to tell you, you name him every time this comes up, go back and get your minutes and read them. ' You say Mr. Houston is not running this town, which he is not, I agree with you. But the only reason you are jumping on it is because you dislike the man irregardless of what he might be to the benefit of the City, it does • not matter any more. Y • Commissioner Tarpley: I think what we are doing is beneficial to the City. Mayor Hill asked to have the motion restated. It' was read as follows: • "A motion was made by Commissioner Grammer to accept the recommendation of the Zoning Board with the provision that everybody from US 1 East to the City limits have the same time limit to construct sidewalks; and sidewalks to be omitted across one driveway on the West side of the fronton property and one driveway on the North side of the fronton property." • Commissioner Young: You will be establishing a precedent for the future if we do this. Attorney Walden: Again I ask you to omit that one provision, I don't think it will weaken your motion any. • Commissioner Grammer: You mean-- let each one come in and request an ex- ception to the sidewalk ordinance if they want one. I will agree to that then if everybody on Dania Beach Boulevard is given the same privilege. Mayor Hill called for a roll call vote on the motion. It was as follows: • Gr$mmer Yes Tarpley Before we go any further, what are we going to do with the $5,000 bond the fronton has posted for sidewalks? Commissioner Grammer: We are going, to keep it until May 22. Then the fronton either puts in the sidewalks or we put them in. Commissioner Young: We will give it all back except the amount of money for the sidewalks on the South side of the fronton property. Commissioner Tarpley: How much will that be? • Mr. Gautier: If we had gotten a variance we would not have had to put up a bond. You can call this anything you want to, exception, variance, etc. If this motion is passed, in my opinion, if we did not put the sidewalks in, in compliance with the Zoning Board recommendation, you would put them in and assess us for them. Commissioner Grammer: This is not a .variance it is an. exception. Mr. Gautier: You can put sidewalks in there tomorrow, and unless we stop you in court or under some other- legal technicality under this ordinance, and levy a lien against us. There is no problem there. , • Commissioner Tarpley: We have a bond now. Mr. Gautier: The reason you have one now is that your City Attorney wanted one. We had to open, and this was posted a day or two before the season started. �. Commissioner Tarpley: That was not the City Attorney's idea at all. Mrs. Gautier: I don't care whose idea it was, he was the one we negotiated with. Commissioner Tarpley: You negotiated with this board. Commissioner Thornton: We have a motion on the floor and one vote on it, I don't think this is proper procedure. Commissioner Grammer: I think we should get this bond settled now. • Mr. Gautier: If this is passed you can put the sidewalks in and assess us for them. -12- Attorney Walden: Could you amend your motion to omit that one provision? Mayor Hill called for a roll call vote on the motion. It was as follows: O Tarpley No. I am not going to vote until this thing is cleared up. Commissioner Thornton: Well vote it down and you can make another motion. You will have to get the rule book out and find out how to conduct a meeting O I would like to ask the Attorney to explain the rule of protocol to the Com- mission. I always thought the discussion was terminated when the roll was called. Commissioner Tarpley: You have the cart before the horse as far as I am concerned. • Commissioner Grammer: What do you want to add to the motion Virgil? Commissioner Tarpley: I want a bond to be held by the City for this one year extension we are granting. O Commissioner Grammer: The motion I put on the floor is not effecting this money. Commissioner Tarpley: I want every thing understood here tonight. O Attorney Walden: I think I understand what Mr. Grammer wants. That is -- a portion of the money held back. You have an agreement with the fronton corporation made last November that is perhaps 20 pages long. . You are not going to cover every detail in a verbal motion. If you wish you can table the whole thing until I can write up an agreement in accordance with what I think you want. We can then vote on the agreement. Here is the problem-- we could go ahead and vote and then Mr. Grammer could say it was his under- standing that all the money would be held for another year. I don't know what would happen if you said you didn't understand it that way. The motion simply does not cover that point. Commissioner Tarpley: This was never mentioned in all the discussion until O it got here and stopped. Mr. Gautier: I would like to ask the City Attorney a question. This agree- ment we signed, if we had gotten a variance or an exception, under this agreement, would we not have been entitled to the money? Walden: I think you are getting the money back, except, a proportionate amount for the South side. I do not have all the answers to these things because it is an unuslial situation and procedure we are going through right now. We gave you a Certificate of Occupancy and let you come in and ask for a variance. It is very unusual, I don't know whether the City is at fault or that you are at fault. ••1. Commissioner Tarpley: I think we are all at fault, but by the same token they sat down there and openly defied the City all that time. They were certainly aware that there was a sidewalk ordinance in this city. So I cannot see why, forthe life of me, that they deserve any consideration whatsoever when they did that. O, Commissioner Thornton: Well vote against it and then make your own motion. Commissioner Tarpley: If I vote on this and it passes the way the motion is made you are giving the money back to them. • -13- 0 Commissioner Thornton: Can we continue to call the roll Mr. Walden? Attorney Walden: Yes. Commissioner Thornton: I recommend that you instruct the city clerk to continue to call the roll so this can be settled one way or the other. Continued roll call was as follows: Tarpley Pass Thornton Yes Young Yes Hill Yes' Commissioner Tarpley: I am not through yet. I will make a motion that the cash bond put up by the fronton be prorated and the City hold that part of 41 the bond until sidewalks are put in on the'Soutli side. The motion was second- ed by Commissioner Grammer. Commissioner Young: Is that to be pro-rated on a footage basis? Commissioner Thornton: I would like to ask for a point of information from the attorney. Does the motion that we.just passed relieve them of the bond if full sidewalks are put in? Attorney Walden: The minutes will show that the man who made the motion intended it that way. Commissioner Thornton: The motion did not state that. Attorney Walden: It was silent when he made the motion, I do not know what it meant. Mr. Gautier: I am going to recommend to' my client that we pro-rate the bond. We will get a mathematician and figure out how much we get back and how much stays up. It might save a lot of commotion and time. Mayor Hill called for a vote on the motion, it was as follows: Grammer Yes Tarpley Yes • Thornton Yes Young Yes Hill Yes (4) Zoning Board recommendations. A motion was made by Mr. Rickards and seconded by Mr. Jackson that a recom- mendation be made to the City Commission that a tape recorded be bought for the use.of the Zoning Board. The mtoion carried. Commissioner Thornton: I thought we had taken action on that at the last meeting. Commissioner Young: There is a little problem on that. The city clerk has to use the tape recorder we have for quite a few things and has to tape off the tape to have it typed. A motion was made by Commissioner Tarpley to tefer this to the City Manager for action. The motion was seconded by Commissioner Thornton and carried. City Manager Tubbs opened bids for street lighting as follows: PEACE RIVER ELECTRIC COMPANY $5,650.00 Company check accompanied the bid in the amount of $282.50 RICKARDS ELECTRIC SERVICE $7,585.00 Bid Bond accompanied the bid. - - -14- FLORIDA ELECTRIC SERVICE, INC. $4,900.00 Cashier's Check accompanied the bid in the amount of $245.00 If R. H. Wright poles are acceptable deduct $300.00 • A motion was made by Commissioner Tarpley to refer bids for street light- ing to the City Manager and Engineer for tabulation and recommendation. 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 • Mayor Hill called a special meeting for 6:30 P. M. , Tuesday, February 18, 1964. Bills for the month of January were presented. They will be attached to and made a part of these minutes. • A motion was made by Commissioner Young that bills as presented be 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 Mayor Hill called for the public hearing for objection to a change of zoning • for Lots 1, 22 and 3, Block 33 ST. JAMES PARK NORTH, from B-2 .to C-1 Class- ification. Attorney Walden: The City Clerk received a letter today from Mr. Ransburg, , attorney, representing the owners of this property stating that they desired their petition not be heard on February 17, and that it be removed from • said agenda. I will contact you when my clients desire this petition to be heard. I think it is proper to grant this request it you understand that if Mr. Ransburg renews it, he will in effect, have to put the money up for an ad- vertisement and go through the whole procedure again. A motion was made by Commissioner Thornton that the request be granted. 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 Mayor Hill called for the public hearing concerning an application for an • amendment of existing ordinances concerning the hours:when the sale of in- toxicating beverages are permitted. Attorney Walden: I might say on this particular hearingsince Mr. Pisculli did not know specifically what he wanted to ask for when he was here before us. He was speaking generally, and I put a general notice in the paper, -• which I will read. "Whereas, an application has been made to the City Commission .of the City of Dania, Florida, amend its ordinances concerning the hours of sale of intoxicating beverages shall be permitted, and �• -15- �r WHEREAS, notwithstanding the fact that the charter of City of Dania, Florida, may not require a public hearing concerning such subject, the City Commission of City of Dania, Florida, has determined that the sub= ject is one of great public interest. NOW, THEREFORE, THE PUBLIC IS ADVISED GENERALLY AS FOLLOWS: 1. The City Commission of City of Dania, Florida, shall conduct a pub- lic hearing at 8:30 P. M., Monday, February 172 1964, at the City Hall of City of Dania, Florida, concerning an application for an amendment of existing ordinances of City of Dania, Florida, concerning the hours when the sale of intoxicating beverages are permitted; 2. More particularly, the person submitting such application has requested an amendment which would allow a vendor of intoxicating beverages to sell such beverages until 4:00 o'clock A. M. in the morning; and 3. All persons and groups objecting to an amendment of any ordinance of City of Dania, Florida, concerning the hours of sale of intoxicating bev- erages should appear at the aforesaid meeting to present their objections. Mary Thornhill City Clerk-Auditor City of Dania, Florida Publish January 24 and 31, 1964" Mayor Hill called for objections to the extension of hours for the sale of intoxicating beverages. Rev. William Jennings: Mr. Mullins in his column tonight gave us an Old Testament reference in dealing with a subject that is dear to each of us. I would like to call your attention to something else in the Old Testament in relationship to this ordinance. There was'a nation one time that wanted a king so they could be like.other nations. I feel that the main reason this is before us is so that we can be like other cities. I like this city, and I like it because it is a city that can stand alone, it is unique, it can stand for what it believes in and I am thankful for it. I can see no valid- ity in extending these hours. We have so much of this going on now, that is drinking, etc. As I read to you once before here Dr. Kellogg's report from the Mayo Clinic, that this is the number one destroyer of homes and individuals. You can read any highway statistic and see that it is the number one destroyer on the highway. I feel that we need to take a stand, a definite stand on things of this nature that is so destructive. I believe we need to put a stop to some of this and this is a good place to start. There is no validity, no reason at all that his should be ex- tended. Rev. Hudgins: That is my main contention too. I am proud of having been in this city now for about 18 months. We just do not cow-tow and tag along just because some else sets a precedent or practice. I feel the leadership we have in this city, we can be the one that sets the pattern and the stan- dards and hope that maybe through our influence and our example others may come to follow us rather than our letting them set the pattern that we fol- low. As Rev. Jennings has pointed out, I thinkwe are all clear on the facts. I know during a survey that was made in Duval county we found that more acci- dents percentage wise, happened in this period from 2:00 to 4:00 A. M. when the hours were extended than in any other comparable period. Because of not only the drinking to excess, but also the weariness that the person was experiencing. We also have the growing problem of absenteeism from industry and business, and we do believe it is a detriment. So I speak tonight, not only as a christian in this community, but as a citizen of the community and of course I realize that we are in business • to put them out of business, ultimately, really. But it is not to do it the way the FEC Ry is being put out of business. We are trying to keep people from frequenting these places., To my mind we made a grave mistake when we allowed this business to go past the midnight hour, because if you study the record and look at the statistics and the frequency of auto accidents after the midnight hour. The major percentage of our citizens • have set an example rather than just follow meekly along to study someone elsets example. I would like to see thid commission set a standard for our community. Rev. Jennings: I would like to say one other thing along with what was just said. I think you can recognize today that conformity is possibly • one of the greatest curses that we face. You take teen-agers today, be- cause others will drink or smoke, they think they must conform. I believe this idea goes right along as far as the city is concerned, some o ne says we need to conform because others do. I believe we need to set the pattern of that which is right and I believe that you all will do it. • Mr. Pisculli: I would like to ask these two fine gentlemen if they are speaking for themselves, for the people of Dania or for their church? Rev. Jennings: I am speaking for myself. Rev. Hudgins: I said I was speaking both as a church man, a christian and • a citizen of this community. Rev. Jennings: I was just reminded by Mr. Rickards that our church has given me authority to speak, so I am speaking on behalf of them too. Mr. Pisculli: I am sorry to burden you with my problem, but 90% of you • are aware of my dilemma. I have asked every one in town about this and they are all in favor of it, but they are afraid to do anything about it. I do not want pity, I want fair play and above all immediate help. For the few that do not know the circumstances-- like these two gentlemen here-- that exists, and are not familiar with the impractical and selfish laws that were adopted many years ago to appease a few people in power at that part- icular time. I will say this to you, this is a new era u nder the constitu- tion of the United States. Little Dania, or Virginia City, as Dania has been referred to lately, has 37 empty stores and many gas stations and trailer camps. I cannot discuss personalities, because unfortunately the two big shots that these existing laws were adopted for. have passed away and are no longer with us.These are a few of the reasons why I feel like I am en- titled to a little consideration. I have lived in Dania close to 15 years, about one-fourth of my entire life. I am a T@hrod pharmacist. I gave Dania the best drug store in Broward County, ,I sold same to another party. The drug store was doing over $200,000 worth of business, when I took it • over it was doing $75,000. I sold to two play boys who ruined it. I not only lost my income, but they also went into bankruptcy of their own free will, which made me lose my lease, which-I had personally built up to $40,000. In the past 14 years I have paid to the City of Dania the follow- ing: utility tax which the city received 6% on $83,546 for electricity, $29,213 for gas, $13410 for water. I have paid taxes on $285,000 worth of property. I have employed 341 people, I now employ ,23 people and my pay- roll is $1,052 per week. Mayor Hill: Mr. Pisculli we are not interested in your financial status. Mr. Pisculli: I am a citizen here and I have my rights. Does this not f help Dania, its churches, schools and its citizens, it definitely does. -17- L,i - I pay close to $62000 per year in taxes to run my business. I pay $150 occupational license tax plus $1500 for. a liquor license, which the city receives one-half. There are 30 liquor license in the City of Dania. They are the main suppor of Dania outside of the Hi-Li. We cannot compete with the cities of Hallandale and Hollywood, they are allowed to be open until 6:00 A. M. These places are within walking distance of my place, people leave their cars at my restaurant and walk to the P. M. Lounge , the Lamp Post or Jack's. These places are not half as good as my place. I am a World War 1 veteran, a charter member of the American Legion and the 40 E 8. I raised over $4,000 single handed for the American Legion hall, I donated the colors to the legion. I was chairman of the Tomato Festival for Dania. I raised $2,500 for this affair. I am a life member of the Moose, a life member of tht Optimist Club of Dania. I was the only one that sponsored a Little League team for a long time. Dr. Stone was the coach and I was manager. I have been chairman of Child Welfare, I give 10 to 20 baskets of food to the poor each year. I am a director of the United Fund and a chairman for Dania. I have raised more money than any one else with the assistance of my wife. We were the only ones that went over their quota, that is a record. Some people in this town have said that every time this place goes bad, I want to sell it to some one else, in fact it came from the president of the Chamber of Commerce. Will the president of the CC please have some one write this down so he can have it. These judgments are on record. Judgment No. 1 with Mr. Andre left me holding the bag for $16,500) I have not collected yet. When Mr. Shernoff left I lost $143300 in a judg- ment, I have not collected yet. We lost it because you wouod not give us a 4:00 o'clock license, We engaged the best attorney in town, Senator Ryan, and we still lost because some one who is not living today wanted to get some. money out of it. I lost $57,000 on this property through foreclosures. These things are on record with Judge Tedder and Judge Warren, you can look them up for yourself. I was sold out by Mr. Pimentel, we cannot talk abput him as he is no longer with us, but he also wanted to get something from this board, not this board, but the zoning board. I was sold out to some people from Miami Beach that are now at the Imperial Bowl. I am trying to recuperate, my wife and I work 17 hours a day, 7 days a week, a total of 119 hours a week, if any one can stand that very long I would like to meet them. I am 68 years old, will' you,give me a chance. I have given you one of the fines t restaurants in Dania. If you will read tonight's Sun-Tattler you will see what they say about it. If I de- pended on the people in Dania to run my restaurant I would have to close my doors tomorrow. Some of these would be pious people drink just as much as any people in any other town. They do not want to be seen, that is why . they do not drink in Dania. Ninety per-cent of the people drink, the other 10% are too cheap to buy a drink, that is why they don't drink. I want this license, there is no other way to make my place pay. There are people that come to my place at night from the Hi-Li and the harness track, they want food and at 2:00 o'clock I have to tell them I have to close. How would you feel if you were sitting there and have to get up and walk out, they don't come back again. Attorney Walden: Let me make one comment on the law of this thing. The hours of sale is one of the things, the few aspects of the beverage license law that a municipality can govern. In other words, the hours of sale is entirely up to the City of Dania insofar as the sales in Dania are concerned. We do have these ordinances on the books setting the hours. All I know to do is submit it to the commission as to whether they think a change is wise. I am not taking part in it at all, I am merely stating the law-- that is-- the city can govern the hours of sale. -18- 0 Mr. Pisculli: I would like to know what harm there is to a person staying in my place until 3:00 o'clock. I would like to have Chief Smith enlighten • them as to just how he feels about this when you talk about accidents and such. Rev. Jennings: You talked about taxes, etc., but fortunately we all pay the same tax under a democratic system. I think that is a pretty facetious argument, because of the fact that if I had a large income I would pay • taxes in proportion the same as he does. If he made so much in the drug store business, why not back into that bus- iness, something that would do the people some good, and stay open all night. • Mr. Pisculli:- What vocation did you have before you started to preach? Rev. Jennings: I was a student and a factory worker. Mr. Pisculli: What has that got to do with this argument. I made a success of the place and I sold it to some one else and they went bankrupt and I lost • my money. Rev. Jennings: You mentioned about a hardship, etc. You mentioned losing so much money, where did you get so much money to lose if it is such a hardship? I went to the seminary and made $25.00 per week, but I do not have to get up and advertise a hardship. • Mr. Pisculli: I don!t want to advertise it either. This place has been closed 5 years off and on because I cannot make it pay. The only way to make it pay is to get the hours extended. Let me ask you one simple question-- why is it that the Catholic, Baptist and Methodist composing 100,000 people in Hallandale and Hollywood allow it, and the 4,000 people in Dania are opposed to it? Mayor Hill: We have heard both sides of this and we could sit here all night. I think the commissioners have a pretty good idea of what your problem is and what every one else's problem is. Let us discuss it now. Commissioner Grammer: May I ask one thing? Is he asking for one certain • place, or for all the restaurants? Attorney Walden: He will have to speak for himself. I understand when he was here before that he was asking for a general change in the ordinance, in other words, for all restaurants. 'I think very recently he indicated to me that he wanted it for himself. Actually, if you change the ordinance it has to be for the whole city. Commissioner Grammer: Let's say the restaurants will be open until 4:00 A. M., does that automatically give the night clubs until 6:00 A. M.? Attorney Walden: I think it would because you collect more money from them, or else you would have to rebate some of their license fee. Commissioner Young: I gather from Mr. Pisculli's conversation that he is. only interested in the touristseason for about 100 days. Say from New Year's Eve, is that right? Mr. Pisculli: That is right, and only for myself, no one else. Commissioner Young: Mr. Walden; if we would amend the law so that an ex- ceptional license, meaning a restaurant which serves food, to be allowed to stay open for a period of one hour for a period of 100 or 110 days; and they pay on an average of $2.00 per night, which would be $200.00 ad- ditional license fee, how would that effect the night club ordinance? Let's assume this to be for a restaurant that seats 150 people.. -19- �i Attorney Walden: I personally have felt since being City Attorney that the night club category is perhaps illegal. I feel this would be an illegal category if you passed it and let somebody question it in court. In other words -- the law should apply all,over the city for everybody. • Rev. Jennings: When you let the bars down at all you will see that this will just keep on and on. There has got to be a stopping point somewhere or there will just be more destruction. I would like to see it stopped where it is now. • Mrs. E. R. Rowland: I would like to say just one word. If people must drink, can't they drink enough by 2:00 o'clock? I live alone, and today my girls bought me more fasteners for my doors. - How do I know who comes to my door u nder the influence of liquor. I would think that any one could get enoBgh to drink by 2:00 o'clock. • Commissioner Thornton: I went around and took a sample of a number of the bar owners as to whether they wanted this extension of hours. The ones that I talked to were strictly against it. I also talked to a number of the citizens of Dania and they are against it, so on that foundation, I am going to make a motion that we deny the request. • The motion was seconded by Commissioner Grammer. Commissioner Young: How many people did you talk to Mr. Thornton? Commissioner Thornton: I talked to 10 or 12 of the different bar owners • and only found one that was actually in favor of it. I talked to quite a few private citizens. You make concessions all the time. The last time we granted sales on package goods on Sunday, that was to have been the end of all concessions. Every time you grant one thing it leads to something else. • Mayor Hill called for a vote on the motion. It was as follows: Grammer Yes Tarpley Yes Thornton Yes Young Yes • Hill Yes Richard Bressler: I have lived her four years at 829 N,W. 6th Avenue. On the north side of my house there is a street that'is not paved and it creates quite a dust hazard, we cannot open our windows. This street was dedicated when the area along N. W. loth Street was zoned for business. The neighbors would like to know if the city will donate the property to the adjoining pro- perty owners and let them put in grass and make it look better instead of having a mud hole or dust bowl there all the time. City Manager Tubbs: We have a 15 foot dedication between business and res- idential zoning. Commissioner Young: I will make a motion that this be tabled tonight and referred to the City Manager so that he can confer with the City Attorney and report back to the next meeting their findings and the proper legal procedure we have to follow. The motion was seconded by Commissioner Thorn- ton, and the roll being called, the commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes Mr. John Kennedy: About two years ago there was a start toward cleaning . up the area along Gulfstream Road. Most of the people coming to town go ;. down Dania Beach Boulevard and it looks very bad. I do not know why it was stopped before it was finished. This is a nice section and I would ;;• like to see it cleaned up. -20- Commissioner Tarpley: That clean up job did not cost the city any money. It was done by the owners. Commissioner Thornton: That is a major clearing problem. Do we have an • ordinance that would take care of it? Attorney Walden: It requires a report from the City Manager that it is a health hazard and is infested with rats and snakes. The commission then takes action on his report. I suggest you refer it to the City Manager for action. • Commissioner Young: The area on S. E. Third Place, between 4th and Sth Avenue would also come under this report. There is a very bad situation there. I have been thinking about it for sometime, but I did want us to get all the different areas in the city that needed clearing and have it done all at o ne time. • A motion was made by Commissioner Young that the City Manager be instructed to check into the area along Gulfstream Road, S. E. Third Place and any other areas in the city in similar condition and report back to the commission with a recommendation at our next meeting. The motion was seconded by Commission- er Tarpley, and the roll being called, the Commissioners voted as follows: • Grammer Yes Tarpley Yes Thornton Yes Young Yes Hill Yes . • Mr. John Kennedy: I would like to see the city promote a yacht basin at Dania Beach. I understand they are going to. build a bridge, I don't know when, but there could be a nice yacht basin there and the city could make some money on it also. Lauderdale and Hollywood are making money on theirs and we are much better situated than either one of them. • Commissioner Young: Do you have any private investors that would like to do something like that? Mr. Kennedy: No. I would like to see something done for the good of the city. • Commissioner Young: For your information -- right at the entrance of the lagoon there is a solid shelf of rock which makes it very expensive to de- velop. Mr. Kennedy: You have boats in and out of there now, and I understand it • is deep enough now for most small boats. There is 6 or 7 feet of water. Commissioner Young: The County guaranteed to us that at the time the bridge is built over this basin they will dredge that for us. I believe the Corp of Engineers gives us 60 days or $1,000 per day. That is an awful lot of money and we have an opportunity to have some one else do it for certain concessions without the taxpayers having to pay for it. City Manager Tubbs: The money is available to build the bridge, we know that, they are going to build a seawall at the time the bridge is built. The last information I had on this was that the SRD would let the bids out the first of the year. I understand that was withdrawn and we have • not heard anything else. Mayor Hill: We will take this under consideration and look into it. . / Chief Smith: It has been over a month now :since Mr. Tubbs and I were J promised by Mr. McGahey to get the lights in .operation at N. W. loth • Street and the FEC crossing. I realize the FEC is having its problems but I would like to know if the commission could instruct the attorney to write them and tell them to get the lights working at this crossing. -21- • It appears to me like they do not want to cooperate with us at all. We have to call them, then they will not do anything. The last time we talk- ed to them they had everything ready and were going to bring their equip- ment up from Hialeah and get started right away. All we have had is • promises, they are not doing anything about getting the light in operation. Commissioner Young: We will refer that to the City Attorney, we have an agreement with them. Commissioner Grammer: At the time we checked this before, did they not • tell us that we could go ahead and hook them up and bill them for it? Commissioner Tarpley: All the equipment for doing this type work is in Hialeah. Commissioner Grammer: We can go down there and get it and bill them for • that too. Mayor Hill: The City Attorney will write them and see what we can get done about it. Attorney Walden: Sometime ago you asked me about getting an old building • torn down on S. W. 7th Street. The proprrty is in an estate and I have had quite a bit of correspondence and conversation with the attorney for the estate and I have not been successful in doing anything, so I suggest you go ahead and authorize the City Manager to invole the lien procedure in having the building removed. That is a 10 day written notice to the record owner. • A motion was made by Commissioner Thornton authorizing the City Manager to have the building removed. The motion was seconded by Commissioner Young, and the roll being calleJ2 the Commissioners voted as follows: Grammer Yes • Tarpley Yes Thornton , Yes Young Yes Hill Yes Commissioner Grammer: There is also an old house on S. W. 6th Street that • we have been trying to remove. Commissioner Thornon: I will include that one in my motion also for the same action. Mrs. Frank E. Eby: I did not plan to say anything when I came up here • tonight, but when I saw Chief Lassiter come in I was reminded of the fine work he and his men are doing. I think the people of Dania owe them a great debt of thanks. I have had occasion, as all of us have during the busy tourist season to see his men at work. I don't think there is a day goes by that the ambulance does not go by three or four times. The rescue squad, unfortunately, in our neighborhood, did a wonderful job while waiting for an ambulance. I am sure that many, many lives would be lost and much suffering would occur without these men and their tremendous efficiency. They are calm, cool, collected and well trained, and really Chief Lassiter deserves a lot credit because I know he is in charge of the men. • Commissioner Grammer: We have held public hearing,on several streets here in the city, namely, N. W. 3rd Street, N. W. 9th Avenue, S. W. 2nd Place, and an alley between S. E. 3rd Street and S. E. 3rd Place. I would like to make a motion that we advertise for bids for this work for March 16, 1964. I have talked to the city manager about it and he says the plans • and specifications can be ready by that, time. Bids to be received until 8:30 P. M. I world also like to instruct the City Manager to have Broome and Farina do the engineering on this job. The other engineer we have has a lot of work to do at this time, and we would like to have this done as soon as possible. z::,, -22- • 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 Commissioner Tarpley: I would like to thank the people of Dania for the • confidence they showed us in our referendum election last Friday. I think that they realize that what we did was for the good of the city , which I feel had it passed, would have been 'a great asset to us. Although it was voted down out in the county, but by the same token the people of the City of Dania backed us all the way. While we were conducting this annexation program we still had other things in the city in mind and we did not draw • back on them at all, we went on full speed ahead on the other programs such as the water plant and sewers on the east side, although we were accused of laying down on the job, we were fighting this every day still trying to get sewers on the east side of the city. Mayor Hill read a letter as follows: ' • "Dear Mrs. Hill: About three months ago my wife was killed by jumping out of my car on Banyan curve. At that time I hardly realized what I was doing. I now • realize I was not very nice to Chief Montie Smith, but after Chief Smith was so considerate and understanding of my grief, I would like to have this letter read before the board of commissioners to tell you more of his fine qualities as an officer and a policeman. My sincere thanks to Chief Smith and his men who handled the case. Sincerely, • Joseph W. Polinski" Mayor Hill: This is the kind of correspondence we like to get Montie, we are proud. • There being no further business, the meeting adjourned. • Mary Thornhill City Clerk tluurra= Mayor Commissioner -23- • w: '4T" 4z CITY OF DANIA, FLORIDA DISBURSEMENTS January, 1964 • 14ATER FUND Carl Maccario $ 7.88 Cal Rhynearson 7.88 • Maine Bldg. Corp. 5.49 George M. Levy, Jr. 7.88 Ed Walker 4.87 R.D. Slaughter 7,88 W.F. Darner 7,88 Shorty Fauld 7,88 • Quincy Morris 2.75 George Scudieri 10.00 H.J. Schulkin 10.00 P M Construction Co. 3.64 Julius A. Bernard 3.64 Ernest Willison 7.88 • Total Water Deposit Refunds 95.55 City of Dania Payroll Account 426.98 General Fund 428.18 City of Dania Payroll Account 15.20 "OASI" Contribution Fund 250.84 • U.S. Treasury Department Internal Revenue Service 503.70 Myron L. Wall Insurance Agency 212.00 City of Dania Payroll Account 10.40 City of Dania Payroll Account 426.98 Petty Cash 3.50 City of Dania Payroll Account 165.35 • City of Dania Payroll Account 216.71 Lindfors Fc Waite 50.00 City of Dania Payroll Account 426.98 B.F. Reames, Jr. Postmaster 84.68 City of Dania Payroll Account 80.12 Southern Bell Tel. & Tel. Company 14.07 Florida Power & Light Company 449.34 Florida East Coast Railway Company 324.hO P & G Electric Company, Inc. 23.28 Broward Publishing Company, Inc. 27.20 Peninsular Supply Company 204.75 Davis Meter & Supply Company, Inc. 214.95 • Myron L. Wall Insurance Agency 340.114 F.H. Ross & Company 249.65 Standard Oil Company 24.85 Total Disbursements $ 5,270.10 • • • • e; CITY OF DANIA, FLORIDA DISBURSEMENTS January, 1964 • GENERAL FUND City of Usnia Payroll Account ,$ 5,257.05 Duncan Parking Meter Division of Nautec Corp. 800.00 • M.C. Frost & Helen Frost 18,100.00 Ruo It. Gewert 140.86 W.E. Bunch, Jr. Clerk of the Circuit Court 2.00 City of Dania Payroll Account 92h.29 The Travelers Insurance Company 703.62 "OASI" Contribution Fund 39455.34 • U.S. Treasury Dept. Internal Revenue Service 4,480.90 State of Florida Florida Revenue Commission 69.18 Aetna Life Insurance Company h60.37 Myron L. Wall Insurance Agency 9,164.03 Ryan Insurance Agency 2092.47 Clarke Walden 1,298.67 • B.F. Reames, Postmaster 80.00 City of Dania Payroll Account 1017.25 Dania Woman's Club 2:500.00 Aero-Tize Co. 25.00 Royal Distributors 10,00 T & T Mattress 137.35 • Petty Cash 21.22 City of Dania Payroll Account 5,257.05 Jas. H. Matthews & Company 120.00 City of Dania Payroll Account 892.19 Mrs. Hugh A. Smith 20.00 Volunteer Firefighter 5.00 • Judson A. Samuels 13.00 Tony Williams Advertising Service 1,6h0.00 City of Dania Payroll Account 8585 Aero-Tize Company 25.00 Vera L. Hill 125.00 Robert L. Grammer 100.00 S. Ellis Young i.88.59 Virgil Tarpley 88.59 J.D. Thornton 88.59 W.E. Bunch, Jr. Clerk of the Circuit Court 7.50 Clarke Walden 421.92 Florida State Board of Health 20.00 • Humane Society of Broward County 25.00 A.M. Black 138.59 Dania Chamber of Commerce 375.00 Lindfors & Write 50.00 Charles Lindeman 25.00 Richard Dickerson 25.00 • Motor Vehicle Commission 4.00 City of Dania Payroll Account 5,246.40 Kennedy - Santana, Inc. 65.00 Frank Baxter Glymph 10.00 S. E. Young 25.00 City of Dania Payroll Account i.Al 08 • Petty Cash 3.45 Leroy Bradford 22.00 Southern Bell Tel & Tel. Co. 262.45 Florida Power & Light Co. 13565.21 Weger Governmental Systems Co. 16.44 Edward Meyers 41..40 Broward Grain & Supply of Dania, Inc. 6.90 Shep's Garage 50.15 Lauderdale Refrigeration 7.83 Cameron Lumber Company 109.22 Business Equipment Company 23.45 State Supply Co., Inc. 2.00 Carried Forward $ 69,950.65 n; CITY OF DANIAs FLORIDA DISBURSEMENTS January, 1964 • GENERAL FUND - Continued Brought Forward $ 69,950.65 Enfield's 29.61 • Winthers' Glass Shop 201.67 Royal Distributors 10.00 Tropical Fence 210.00 Peoples Gas System 55.98 Orkin Exterminating Companys Inc. 6.00 Mec-O-Matic Service Company 47.85 • Lippoth Plumbingp Inc. 17.09 Fred Hesser 14.70 Fort Lauderdale-News 90.00 Florida Dust Control Service 3.00 The Dania Press 377.40 The If & W B Drew Company 17.74. • Atlantic Printing 42.15 Benefield Tile & Marble Company 87.50 L.W. Rozzo & Son 10.29 Jones Equipment Company 8.80 Helco Safety Equipment Corp. 36.01 Griffey Hardware 14.15 • P Fi G Electric Company, Inc. 45.00 Trophy World, Inc. 17.88 Scotland Electric Supply 37.26 Cates Service 1G5.55 Marietta Pool Equipment Company 102.43 Walton Building Products, Inc. 104.35 • Hector Turf & Garden Supply 21.90 Lexow Auto Parts Company.. Inc. 13.58 Burrell Bros. Oil Company 43.99 Florida Asphalt Company MOO Jaxsons' Ice Cream & Restaurant 152.40 Lauderdale Paints Inc. 5.61 Dania Volunteer Fire Department 756.0o General Dynamics Corp. 27.81 Pan American Tire Company 250.48 Florida Linen Supply 2.90 Dania Texaco Service 15.22 • Anglers' Tackle & Sports Shop 19.70 Argo Uniform Company 681.75 Kelly's T.V. 5.00 Adams Stores 2.14 Broward Publishing Company 51.80 City Products Corp. 32.70 • John Sessa - Bulldozing 18.00 Beacon Medical Supply 16.06 S.G. Adams 30.75 Standard Oil Company 910.75 Lien Chemical Company 10.46 Florida Fence Comspny 185.0o City of Hollywood - Utilities 67.97 • Lou's Atlantic Service Station 5.20 Jack's Auto Parts 4.61 Callahan Motor Company 6o.85 Lake Placid Clearing & Construction., Inc. 180.00 Total $ 75,19G.69