1949-03-01 MINUTES OF ADJOURNED MTG OF CITY COUNCILLMR[TES OF WE A:DJFT7?� °? " PL TD G OF TIE CITY
COUTICII, OF ;� UTh vi1 Q,11 BELT TUESDAY JJVJ ;DUNG,
Iv?ARCIi. 17 A.D. 1949 AT TI-M CITY I3AiA, AT 8:00 F.M.
The meeting was called to order by'iayor Acker with all members of the
Council present.
Mayor Acker called for nominations for a President for the Council.
Councilman Andrews presented ;the name of C. Raymond. Van Dusen with the
recommendation that he be the unanimous choice of the Council, to serve
until karch 1, 1951. -
Councilman Carballo moved that nominations be closed. kotion carried '
and Mayor, Acker presented the gavel to President VanDusen, who then
took the .chair, and called the Council to oz:der.
Reading of the minutes of the meeting of the previous evening were
dispensed' with at this time
Naming of Chairmen of the six committees was next order of business, and
as follows
FINANCE: On motion of Councilman Gresham, seconded by Councilman Corley,
and carried by the raising of hands, Robert Bruce Preble was named
Chairman of Finance:.
SANITATION: On motion of Councilman Carballo, and closing of nominations
by Councilman Andrews, and carried by the raising of hands, Edward J.
Corley was named Chairman of Sanitation.
FIRS: Counci man Andrews named Julian T� Carballo, as Chairman of Fire.
Councilman rrebish, Isecondcd by Councilman Andrews, moved nominations
be closed., motion carried. by raising of hands,9 and Councilman Carballo
declared Chairman of Fire:
POLICE: Councilman Preble named Harr 1. 'Frebish. Mayor Acker stated
that, Councilman. Prebish as an attorne might at times be finding him-
self defending a client in municipal court against the charges of men
in his department who had arrested ;said client, and therefore recom-
mended that Councilman Preble withdraw his nomination and name. Council-
man Gresham instead. Councilman Prebish stated he would like to nomin-
ate himself as Police Chairman,, feeling that he is qualified as an
attorney and will not represent anyone in the ,Municipal `Court. Council-
man Carballo ;urged that they consider the fact that the Police Chair-
man requires a knowledge of law of City, County and State, as well as
the knowledge of our Charter, that altho Councilman Gresham is a good
friend of his and capable, he is not as well prepared for the position
of Police Chairman as an ;attorney would be inasmuch as a, point of lags
could be solved immediately thru an attorney and therefor moved that
Councilman Prebish be appointed to the position of police Chairman.
Pres. VanDusen ruled this motion: out of order.
Councilman Andrews,, seconded by Councilman Corley moved that nominations
be closed and motion carried unanimously. Pres. VanDusen called for a
vote by ballot and asked P.A. Tripp, one of the spectators$ to serve as
teller, and make the count.
The vote by ballot was 4 to 3 in favor of harry „t. Prebish for Police
Chairman.
r. STREETS &_ : PARKS Councilman Carballo nominated Councilman 'Gresham and
LOunciclan Gresham nominated Councilman Andrews. Councilman Prebish7 second-
ed by Councilman Preble� moved that nominations be closed. Twotion carried'.
Pres. VanDusen called for a vote; by ballot, with Mr. Tripp again serving
as teller. , the vote by ballot was 5 to 2 in favor of A. G. Gresham, Jr.
for Chairman of Streets and Parks.,
G BUILDINGS Councilman Corley named Councilman Andrews for Chairman.
Councilman carballo, seconded by Councilman Preble7 moved nominations
be closed. motion carried? and John J. Andrews declared Chairman of
Buildings.
The matter of a City Attorney was next taken up.
Mayor Acker stated he would like to ask the Council in its selection of
an attorney for the City to select a firm or an individual who have cast
their lot with South Miami and are licensed in the City. He named the fal&DW
as meeting with these qualifications
Allen & Turner
Eaton & Proby
Henry Behrens,
and urged the Council to appoint a man or firm in this list. He stated
that all had been contacted and expressed a willingness to serve but
*?' will not solicit the position.
In the course of discussion, the question of residence in South Miami
was raised, and Councilman Gresham stated he would like to nominate
the firm of Allen and Turner. Councilman Carballo pointed out that
the charter calls for the nomination of a City Attorney and not ;a firm
and following definition of terms and advisability of having one
person and not a.firm representing the City? by Councilman Prebish
Councilman Gresham withdrew his nomination and named John Morley* Turner.
The importance of community co- operation was stressed by Councilman
Prebic. Councilman Carballo nominated Wt. E. Yates, a resident and
registered voter of South Miami.. Mayor Acker stated that Mr. Yates
was obit of law school only since last blay and has his office in Little
Diver. Councilman Andrews 1, seconded by Councilman Greshamq moved
that nominations be closed. motion carried and Pres. VanDusen asked
for a vote by ballot, Pair. Tripp again serving as teller. The vote by
ballot was 4 to 3 in favor of Am'. Yates. A%yor Acker questioned how an
attorney shall be named, Councilman Carballo read Section 10 of "the Char
ter? Councilman Prebish recommended holding over action until the next,
meeting and possibly conferring with an unbiased attorney. Council -
man rrebish, seconded by Councilman Andrews, moved that the confirmation
i; of City Attorney as reflected in the balloting be delayed until 8:30
P.M. of the next regular meeting on March 15 of the City Council of
South Miami
,
re eras a discussion on this procedure, with BW. Tripp asking if the
i ity could wait so long for the appointment of an attorney, and ex-
Councilman Maples stressing the importance of the City Attorney.
Councilman Nszdrews, seconded by Councilman: Gresham, moved for the
previous question. Lotion carried. The motion as made by Uoui2cil
man rrebish, was re -read and carried-
Councilman Andrews suggested that the President of the Council, take; it
upon himself to personally contact former City - Attorney V1. G. `Ward
and get his interpretation of the charter on this appointment. Pres.
VanDusen agreed to do "this.
Councilman Prebish,t seconded by Councilman Gresham, then moved that all
present City employeeis$ including the City Judge, be appointed to re-
main in their present capacity for an indefinite period of time. Motion
carried by acclamation, 6 for and one against.
Mayor Acker then welcomed the visitors, inviting them to present their
business.
Omar E. Stang stated he has a contract for the new postoffice for South
viiami calling for 3500 sq.; ft. of floor space together with 1000, sq.
fto in rear of building for parking, to be located on Sunset Drive
di_'^ectly south of the present Postoffice, and that the building must be
ready by July 15. The plans were approved by the government but have
not been submitted for approval to the City Building Inspector nor has
permit been applied for. Councilman Carballo expressed the desire
that a member of the Zoning Board express his opinion, but this was
ruled out of order. ;Mr. Stang stated that the matter had not been
presented to the Zoning Board. Councilman Prebish moved that Mr.
Stang be referred to the Zoning Board for its consideration and a report t
the Qouncil at the next regular me-et.ng, but the motion failed "for a
second.
7"n the course of discussion, it was declared that it was not a question
of zoning but nerely of determination of set -back, and Councilman
Gresham, seconded by Councilman Carballo, -moved that the Council at
this time give Mr. Stang the U.K. on the set -back as requested per
his plan.
following discussion] ihk which it was established that the 10 year
contract with the government was a full lease and n of an option, the
motion was carried.
Ueo. Brewer was given the floor and 'stated that it was his understand-
ing that set -back requirements were part of the zoning ordinance, and
if the Council permitted the elimination thereof in one case, what
about the same point across the street for Mrs. Dorn's proposed new
building for the drug store. Following discussion, in which the bus
station was also discussed as to set -back2 h1r.- Brewer. was told to bring
his project for consideration.
RI. E. Keating of Consumers sttater Co. referred to his letter to the
Council, regarding the opening of the alley west of their property in
UNIVERSITY Pj=. The letter was read by Pres. VanDusen, followed by
a discussion of use and development of the adjacent property. council-
man Corley expressed his belief that the owners of homes facing this
property should be contacted for their approval. In the matter of the
alley it was asked that the request as stated in the letter be 'published
so that the owners in the vicinity would have an opportunity to e:cprass
I
themselves regarding this .change and that the matter be considered by
the Zoning Board in an op@TImeeting with both parties having the right
to present their case;. Uouncilman t'rebish, seconded by Councilman
Corley,, moved that the letter be presented to the Zoning Board which
will.set a public hearing on this matter, notifying all interested
property owners and have the report of the Zoning Board presented as
early as practical. This,motion was carried by acclamation, 6 in favor
and 1 no vote.
Councilman Treble raised the question of whether the property is to be
used as open storage and whether this would not create space in which
water could collect
There was also a check for s200.00 from the gonsumers '1later Co. to the
South:Liami Youth Center. Councilman Prebish, seconded by Councilman
Andrews, moved that the City Clerk be directed to write a letter of
thanks to the Consumers Water Co.
Chas. Marler appeared before the Council with his request for a taxi
license , stating he would have his stand at the pixie Pig. Following
discussion, L,ir. L;arler was asked to put in writing what he desires
the amount of insurance he will carry, the service to be offered
where his office will be located and what backing he has. The ad-
visability of requiring references, etc. from drivers, and a check
up on the present taxi set -up were discussed, and Councilman Carballo,
seconded by Councilman Andrews, moved that "Chas. Marler submit his
request to the Counci_rl in writing, with a full.statement as to his plans in
order that the Council might give it proper consideration. Councilman Prehr
:Le amended the motion thata financial statement be included. Notion
carried.
Vote on motion, as amended-. Request Warler to submit to the Council in
writing his request together with a full statement as to his plans and
including a financial statement in order that the Council might give
it proper consideration. Motion carried.
Communications: A letter of congratulation and well- wishing to the new
Mayor and Council, from Chas. T. Fuchs.
Reports of standing committees: none
- Special Comm#teesi. Councilman' Andrews reported on his attendance of the
hearing conducted, by the State .Railroad Commission on February 18 on
the request of R. j. V alters for permit to run a bus service from
South Miami to West Flagler Kennell track, etc -9 stating that because
of the withdrawal of the application at the hearing, there was no action
thereon by the Railroad Commission.
Councilman Prebisht seconded by Councilman Preble, moved that Councilman
indrews submit his report in writing to be included in the minutes of
this meeting. motion carried.
As a preliminary to the adoption of a unified building code by all Dade
County municipalltics, a proposed ordinance was submitted and the matter
explained by Inspector Canington. Mayor Acker recommended the adoption
thoreofj and Councilman Andrevis, seconded by Councilman Preble9 moved
that.Lvdinance Ito. 1809 caption of which follows, be placed on first
reading in its entirety. Motion carried.
Councilman Carballos seconded by councilman Prebish, then moved that
Ordinance No. 180 be placed on second reading by caption only. Mlotion
carried.,
Couuncilman Andrevis7 seconded by Councilman Frebish, moved that before
the 'third and final reading of Ordinance-#1801 the Council receive a
report and recommendations regarding the adoption thereof from the
Building Commissioner and ,Zoning Board. Motion carried.
Councilman Carballog seconded by Councilman Andrews2 moved that
Resolution No. 284 be read. Motion carried.
RESOLUTION NO. 284
A RESOLUTION AUTiORIZING THE BANK TO ACC�I'T THE SIGIdATUIik� 5
OF R. BRUCL PlEBIZ AS CWlITTEFICAN ON FIffANCEq B. RAUIUND
VAN DUSEN, AS PRESIDENT OF THE CITY CUUNCI I AND SYLVA G.
D: RTII\T AS CITY TR�;ASURk;R AND CITY CLERK UN ALL VOUCI -MR5
of TIE .CITY OF SOUTH Yjjari , VLORIDA BEGUN1NG LARCH 1
A.D. 1949.
BE IT RESOLVED BY TIC MAYOR AND CITY COUNCIL OF THE CITY OF SOUTii
MIAMI FLORIDA:.
%1A]EREAS' on March 11 A.D. 1949, the newly elected officers of the
City of South LTiamij Florida were inducted into offices and
WHEREAS, C. RAYMOND'V.AN DUSEN has been duly elected President of
n
g the City Council, and
uJiREAS, R. BRUCE PPEBLE has been duly appointed as Committeeman
on F inanc e , and
WIMRI;ASq 5YL'VA G. MARTIN has been retained as City Clerk and
Treasurer
NOW2 THMMFCRX? BE IT ?SOLVED by the Mayor and City Council of
the City of South Yiamij that commencing March 1, 1949, and until
further notices the Coconut Grove Exchange Bank be and it is, hereby
authorized to 'honor the signature of R. Bruce Preble, as Committeeman
on Finances C. Raymond Van Dusan as President of the City Council and
Sylva G. Martin as City Treasurer and City Clerk on all vouchers of
the City of South Miami drawn against the City's funds in that said bank.
PASSED AND ADOPTED this lst day of Marche A.D. 1949.
Co uicilman I'rebish, seconded by Councilman Corley) moved for the
unanimous adoption of Resolution #284 as read. Motion carried by
poll, as follows:
Freble yes Andrews yes Prebish yes Gresham yes Corley yes Carballo,
yes Van Dusan yes
in connection with the proposed street lights to be addedq Councilman
C:arballo seconded by Councilman Corleyt moved that Resolution #285,
be read ;n its entirety, so that the location of the lights be made
known. ?lotion carried.
At SOLUTIuh r,285
REQUEST EITG AND AUTH0RI/,ING VLURiDA POVJJ kR do LIGHT (:ObipANY
TO ITTSTALL FOURTEEN (14) 1000 1U1WT2 OHB TYPE, ANAs COMPANY
U11DIED STREST L1GaT5 iVITHIN TIDE CITY LF SOU'TE MIANil? PLURiDA
AND THEREAFTER SERVE TIL,' SAP,: - IN ACCORDANCE %VITh THE TEPJAS
AND CONDITIONS OF Tht1T CERTAIN MUNICIPAL STRur,'T LiGi -ITING
AGREB1r.KTT NOW IN EFFECT BETWEEN THE CITY AND SAID COMPANY
DATED THE 7th DAY CF JANUARY, 1R30 AND ALL SUPPiMTENTARY
AND SUFP12Tt "r TTAL AGR'ft;El.T,2TTS THERER; AUTHORIZING AND DI-
- EXTING THE, CITY CIERK OF AND ON BEHALF OF THE CITY' Cr
SOUTH MIAMI TO DELIVh;R A CSRTIFSED COPY OF THIS RWSOLUTIO1T
TO FLORIDA POVOER -& LIGHT COMPANY AS ViRITTEN NOTICE TO ITT-
STALL SAID ADDITIONAL 'STREr1T LIGHTS UNDER THE SAID
MUNICIPAL STREET LIGHTING AGREEIMNT AND SUPP.t,a.3-ITTARY
AND SUPl'I&IMTTAL AGREaTENT i THERETO.
BE IT RESOLVED BY 'TIM MAYOR AND CITY COUNCIL OF ThE CITY CF SOUTH
11IANI, FLORIDA:,
1. That the City of South Mliami,' Floridan hereby requests and
authorizes Florida Power & Light Company to install and thereafter
serve the following street lights, to be paid for by the City in
accordance with the terms and conditions of that certain municipal:
Street Lighting Agreement dated the 7th day of January, 19'309 now in
effect between the City and said Company, and all 6upplementary and
Supplemental Agreements thereto;
13 - 1000 lumens OHB type, ANA9 COMP101Y qwned street lights
located on North 6th Street, North Oth Street and North
Red Road in University Park Subdivision.
1 1000 lument OHB type, ANA, COMPANY owned street light
located at 'South 6th Avenue and 2nd Street.
2. That the City Clerk of and on behalf of the City of South
Iffiami,be and she is hereby authorized and directed to deliver a
certified copy of this Resolution to Florida Power ,&- Light Company
as written notice to install and thereafter serve the said street
lights herein described in Section Thereof, in accordance with the
terms and conditions of said Municipal Street Lighting Agreements
Supplementary and Supplemental Agreements thereto.
PASSED AND ADOPTED this 1 day of March, A.D. 1949,
There; was a discussion on priority for location of added ;lights, and
Councilman Prebish, seconded by Councilman Gresham, moved that the
resolution as read be amended to read "3 Atreet lights on N. 6th St. and IJK
2street lights on N. 8th St. and 1 on Red Road" instead of 6 on N.
th St. and 6 on N. 8th St. zollowing discussion by Councilman Andrews,
Councilman Frebish, seconded by Councilman Greshaml withdrew his
amendment.
Councilman Prebish,Eeconded by Councilman Gresham, 'Chen moved for the
adoption of Vesodution #285 as read.
Following discussion, in which Councilman Andrews objected to the
adoption of the resolution and moved that the motion be tabled, which
.�
motion: was lost for a second , L41,ayor ticker stated that the money for
these lights was set aside in the present budget and moved for the
previous question. Motion carried by poll, as_foliOWS:_
Preble yes Andrevis no Prebish yes uresham yes Corley yes Carballo no
Van Dusen ye
Councilman Andrews seconded by Councilman Car bsllo, moved that the
City of South Miami extend to the south YIjami District Chamber of
Commerce its wholehearted co- operation and every assistance or 'service
that it may request in its activities ands further, that the Honorable
Mayor be requested to attend the meeting of said Chamber of Commerce
be hold March 2, 1949 at the Holsum Bakery as the official represents -
tivesd of the City of South Kiami. motion carried.
Councilman Carballo, seconded by Councilman Preblej. moved that a letter,
of thanks be sent to the r'uchs Baking Co. for the cake sent in celebra -`
tion of the induction of the new officials, to Mrs. Hunter for the coffee
on that occasion, and to Judge Marshall Wiseheart f or his co- operation
at the installation ceremonies:. Motion carried.
Councilman rrebish, seconded by Councilman Carballo, moved that, Mayor
Acker g• y -.
Acker be given authority to appoint a Planting Board. Motion carried
Councilman Preble7 seconded by Councilman Gresham, moved that the City
Hall be cleaned up in its appearance whereby the citizens, of South
Miami as a part of that instttdtion can be proud of the building.
Councilman Andrews, seconded by Councilman Carballo5 moved that the
motion be ,amended by inserting 3 words "Inside and outside.,' There
was a,discussion� and Councilman Vrebishq seconded by Councilman
Andrews moved to ame nd the amendment to read that the respective
heads of the sanitary and building departments be required to take the
necessary steps to accomplish that renovation4 b4oton carried.
Councilman Andrews suggested that free. Van Dusen instruct the
building and sanitary chairman to get bids on cost and report to the
Council.
Lotion carried on the first amendment.
Motion carried on the motion as amended.
Councilman Andrews raised the question of the franchise to the Consumers
water Uo. stating that he would personally be interested in getting
additional information and suggested that a representative of Consumers
rater Co. be asked to come before the Council to describe and tell what
has been accomplished in the past. Pres. VanDusen asked that Councilman
Corley as sanitary Chairman bring someone from the Consumers :'later Co.
to the Council for the next meeting or at least have a "report.
Councilman Qgrballb raised the question of a traffic survey started with
the former Council9 stating that he would like the authority to bring
back members of that committee to give a report at some set meeting.
Tres. VanDusen asked that Police Chairman Prebish arrange for that
meeting at an early date
Councilman Andrews stated he would like to have a review of the garbage
coiLection set. -up in an open meeting. Tres. Van Dusen asked that the
Sanitary Chairman Corley arrange for such a review at an early meeting.
' i
Councilman Uarballo brought up 'the matter of businesses operating in
South ACiami without an occupational license and asked that an investiga-
tion be made. Fres. Van Uusen asked Finance Chairman Preble to investi-
gate the Cityrs remuneration from the sources indicated.
Councilman r'rebish, seconded by Councilman Corley, moved that the Finance
office, Pies. of the Council-and City Clerk and Treasurer be authorized
to pay all routine monthly utility bills and X10.00 per,month to the
humane Society of Greater Miami as they fall due, without special
Council approval. klotion carried by poll, as follows:.
Preble yes Andrews yes Prebish yes Gresham yes Corley yes''Carballo
yes VanDusen yes
Pres. VanDusen discussed the, passage by the Miami City Commission of an
ordinance against masked meetings, etc., and the possibility of such
meetings being moved into this area, stating he would like a motion
for legislation along that line) prohibiting:
1. The wearing of masks or anything designed to conceal identity.
2. The entrance on the premises of, any other person while wear-
ing a_mask.
3. The burning of crosses.
4. Any masked meetings of the Ku Klux Klan or any other hooded'
organization.
Councilman Andrews stated he believed it should: be in the form of an
- ordinance and suggested that Councilman Prebish prepare one t or the
neat meeting.
Councilman Andrews1 seconded by Councilman Carballo, moved thatthere be
drawn up an ordinance for consideration by this body on the order of
a similar ordinance passed by the City of 'Miami for the prevention of
meetings of hooded individuals and the wearing of masks. Motion carried.
Pres. VanDusen asked Councilman Frebish, as an attorney, to draw this
ordinance for the next meeting.
hres. Van yusen also asked that the Clerk prepare the notes of this and
all future Council meetings in sufficient number so that all members
of the Council and the mayor may receive complete copies.
order be 32:45 n further adjourned in regular
There being no further business. the. meet was ad'
ATTEST: esidentI City Council
city C er
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