1949-04-19 MINUTES OF CITY COUNCIL MTGLzihTuT_L a UP TrL ±'t ,lxlFu c L "_,T :Ul, :(T V1I '.Clio
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The meetin€; was called to order by Pres. Vain Duse.n with L.ayor Acl er,
all members of the City Council and City Attorney Yates responding
to roll call.
kinutes of the regular meeting of April 5 were approved as read.
Petitions & Communications:
10 Sidney Beskind,`with petition of residents of Ludlum Road section
south of Sunset Drive, to raise nunimum ;ground requirements, and type
of construction. Following lengthy discussion= Councilman hrebish7 second-
ed by Councilman Gresham, moved that the Council deny the petition pre-
sented by Lur. Beskind. ki otion carried;.
2. A. ' °I. Alvin, with petition re Adler Poultry Farm. Councilman Prebish,
seconded by Councilman Gresham, moved that the chairman of Sanitation be
directed: to take appropriate steps to eliminate the nuisances existing.
Discussion: Councilman Andrews stated that either the Chaiinan of Sani-
tation should swear to a sunnnons and have the police department serve
it or the; Police Dept. to do so. Following discussion and suggestion
by Atty. Yates that situation should be checked to investigate by what
pottier adler is operating, call for vote on motion, ulas made and motion
carried.
3. L. A. Maddox re trailer: Police Chaix -man Prebish read copy of
notice served on all trailer owners and occupants within the City,
givizig them until vay 15 to get their trailers out, and asked i:addox
if lie would be willing to post a 4;500 bond. ti,:oddox replied, no he
did not have that. lie was told to make a •formal wr ttcn request and
investigate the possibility of postilig bond. '
4. Alex Richards, re Ludlum .itd. and `S• w. 51 and S. 50th St. Has
KIA approved plans and wants to put in a housing projects 'in an 800 .
sq. ft. area. Apparently entire question raised by Llr. Richards be-
cause of other Ludlum Rd.. petition - he did not want to get into a
similar argument and was advised permits' will be issued if his houses
meet requirements of that area.
5, Y.rs. Scherer, with petition signed by UiILELUDU� j-, rW iu residents,
regarding the cIeanirb out of the canal. Councilman Carballo seconded ,
by Councilman Andrews, moved that the Council send a letter to the
Board of County Commissioners requesting that action be taken iri
order to clear the canal and 6A.-er_d water Ways in upltlaval)uz ";.XS
motion carried
6. Councilman Andrews re building permit Tor a home in realty Ii.iAbil,
iil; jTa applied for by john v. Ryan in area where a petition is on
hand to increase zoning requirements.. 'The IVan plans call foie a
i15E sq. ft. 1- family rosideneel being higher than the exist'
zoning requiremolits but will not be up to the requirements if ifie
petition is Jgranted and zoning; charged. Should building permits
be hold uple (petition received t i.rd t and pens t application aftertuarr )
r
Atty. Yates sated that at any time before the Zoning, Board has acted
and ordinance actually passed, permits can be issued on existingy ordi-
nance and they, have the right to mandamus the City to issue the permit.
Following discussion, entered into by petitioners for chance$ wayor
yeker2 stated It was not a question of what they would like to do but;
what they can do. 2-btition had been turned over to Zoning Board and
hearing set for kay 2
"yor Acker discussed the appointment of a University Relations Board.
stating Tres. Ache would appoint 3'members of the Board to match 3'from.
the City to work constructively on relations between the University
and the City,,, stressing need for such a Board. he' asked approval of
the appointment of 3 members to the board, with the layor and the
President of the 'University acting am ex" officio members.
councilman Prebishl seconded by Councilman Gresham, moved that kayor
Acker be permitted to appoint a 3 -party board as University Relations
Board. ulotion carried.
Communications:
I. letter from County Commissioners re filling- in along FEC'Ry for
parking south of Sunset Drive.
2 Card of Thanks - Massey Q BarRell families.
3. Fla. icagUe of viunicipali.tiesq re reference to dues to December 31,
19491 and stressing the importance of League activities in this legis-
lative year.
4. latter from Advisory Zoning Board re April 15 hearing on the Padget
Spector (Owner-builder, resp) hearing, recommending the follolling
- -1 "Therefore, this Board recommends that the requested change be
denied.
(Attention is also called to the fact there is no recorded plat of
the proposed subdivision and that there is no dedication of the road
shown on the sketch, presented by the proposed builders.+
W. L. Cotton stat §d the ;builder will provide a plat.
.Ln a 'letter E H. Padgett withdrew his request for a change in zoning.
Councilman Andrevis stated the question of the street was partially
settled by the promises of a dedication within the next few days.
5• letter from Advisory Zoning Board re N. 4th St. hearing for change
of zoning from C -1 to C-2 on April 15, covering; the following property.
Lots lb to 33 Elk 72 lots lb to 27 Bllc b , 10 to 1.5,
~Lots
BIk 10 and lots :1 to 16 Bak 11 i0WI.:,l `L yr Las�rtiut,S M3 2 -1105
Contained the folloWing recommendation
"This Board thcrofore recommends that the requested zoning change `be `
made to permit C -2 use with this provision: That no establishment
selling intoxicating beverages or beer or Wine for consumptidn on
the promises be permitted itl this area closer than 300 feet from any
estab.Lizhod resideilco rogardlcss of the zone. in which the residence is
located.
Attorney draw upcai ordinance based on Ithe Gonlcy moved that the City
Councilman Prebis seconded b Counci, man c:o
ordinance ning i3oardrs re c.ommeiida- ,.
-- tions on the N.4th ut. property.
itayor acker asked what length of time it would take to accomplish this :.
Couiici.Iman r}rebish sut;e�ested that the Council carry out on this Urdi
nanc,e and act special.y on this particular rc-quest.
Casa for vote on li!otion Dioti;on carried'.
Councilr.!an Prebish) seconded by Councilman Corley moved that the request
of Ernest Parker for operation of a dry, cleaning plant using synthetic
non- flammable solvents at 220 N. 4th St 'be. granted. L.,otion carried.
Peports of standing, Committees were as follows
FINANCE: Chairman Preble brought up the :matter of :insurance and bonds
and recommended serious consideration of placing ali City employees un-
der a blanket bond, stating that such a bond for the Cleric's office
covering up to 5 employees cost $53•35 per year and that the entire
force of all departments (24 at presbnt) up to 25, including those in
the Clerkly office could be insured for 9 per year. �a
Councilman Carballo� seconded by Councilman Gresham$ moved that the City
take out blanket policy on all City employees. kiotion carried.
Chairman Preble also brought up the matter of some vacation pay due
Frances kaples and asked for recommendation as to consideration for
vacation money for her& Councilman.Andrews2 seconded by Councilman
Gresham2 moved that the City pay u,rs. Maples the equivalent of two
weeks or 1/2 month in lieu of her not having received a vacation.
Diction carried by poLL, as follows:
Freble yes Corley yes Carballo yes Andrews.;es Gresham yes Prebish
yes van Wsen yes;.
Uoun.cilman Prebish. brought up the question of the new City employee, to
coven: all departments, and Councilman lrebla stated he recommended b'aye
;;auerl.andj at a salary of 4;150.00 per month, if accepted, to be charged
back to each department as used.
Atty. Yates stated that according to the Charter, the 1:ayor has to fix
the matter of employees and the salaries,
Councilman Carba110 skated this had already been agreed to because of
changes coming in various departments and the Council had already agreed
to and approved this ;matter.
Atty. Yates referred to Led- 76 of the Charter which says the V.ayor shall
fix the number of employees and fix the salaries.
Uouncilman frob,lo stated he was aware of this fhet and was asking the
>' kayos to serioutly consider the fact and this rccomnteri6ation that it
vias necco8ary to have additional help.
L,ayor Acker asked whothcr it was necessary to r ecidc this tonj&t. Council-
-4
m-Ti. Freble replied "yes". mayor Acker asked if it could, come up under now
business and this was agreed to
6AXITA'TIQh Chairman c;orley reported he had gone over the water runs
'
requeste6 b Consumers .cater CO. for D1 , Fw r.VriL o''r l':�o lots with Council-
man Gresham and could see no reason vrhy they should not be granted.
Councilman Corley, seconded by Councilman Gresham, moved that applica-
tions of Consumers e:'ater• Co to make coilnections with the ,Byers, and iieid
Builders Properties in J31RD ituAD and the Sweeting application in
F&UTI,_u: T be granted._ kotion carried.
Due `to the lateness of the hours Chairman ; Corley said he would withhold
the rest of his report.
r.XW, Chairman Carballo reported back on the bids for =ire wells, stat-
ing hat both had been based on usiulg black iron pipe, and the bias for
galvanized pipe and for connections were as follows:
Modello vie'll Drillers 4;4.25 per ft. on pipe 7 connections at cost,,
$15 - X20.
C. T. Leverette 5.00 per 'it. on pipe, connections at X20.
Because black iron pipe tends to corrode easily above grotux!, the fire
department r ecommends that galvanized pipe be used.
Atty. Yates referred to Nec. 42 of the Charter.
Councilman .Carballo, seconded by Councilman Corley, moved that drilling
of rive proposed new fire wells be done by the i odclio dell frillers
at prices. quoted, X4.25 per foot, galvanized pipe, to good surface
water depth, also to include 411nipples, a 6 r. 4 ell, 4 in. cap with
chain welded to hydrant at a cost of X15 to ip20.
Councilman Andrews. asked if there is an appropriation in *the budget for
this work. The reply was ,yes. It was also agreed that galvanized pipe
should be used all the way.
'Motion carried by poll, as follows:
Preblc no Qorley yes Carba io yes Andrews yes Gresham yes Prebish
yes Van Dusen yes
Chairman Carballo reportou that he had completed the Ordinance creating a
Bureau of Vire Prevention , but in view of the time and the length of -die
proposed ordinance, lie would change the proceeding and will give copies
to the different members of the Council to reed and for their recommenda-
tions or changes_.
In the matter of ifisuranco he vlould like to have permission to ask the
Voltu tear eiremon to appoint a liasor officer to work with them to clear
up the matter of liability insurarice r +- -:stay decided to have Chairman
Uarbculo make that contact han;scif. f
Chairman Carba.l -Lo also uarrf reported that
p r naE;cns had satisfactorily,
completed his sip.- czoiYths probati„ol� cry period and o-417f"orod the motion]
secohdod by CoUfteilman rrebiuh, that itagens, salary be, raised to 4,.it30,0o
per month as of -lurch 15. Councilman Yreble asked whether this should
not be refdrred4_tke, to the luayor. CounciJmaz tarballo iKgyy6 said he would
be glad to have the L!ayor consider the matter. k_ayor ticker replied that
if it can be made retroactive as of Larch ,15, he would like to hold it
over for 2 weeks,
tvx�LCL +': Chairman i'rebish reported that the violating sign had been taken:
down and the neon sign was not lit, that he would have an ordinance for
;parking at `the next meeting, that the Lquor situation was still be -irk
worked on, and that, as previously stated in the meeti -ng7 notices had
gone out to everyone affected that trailers would have to be removed: by
�s-�ay 15
1`t r.'i'u Yhttt,5; Chairman Gresham reported that his crew had filled i.n7'
rolled and bonded approxL ately lip to 15 blocks, usivag 300 yards of
rock in Colored tovin, and are now building IT. Dixie LIZd., where most of
the property owners had agreed to pay for this work. fie also reported_
that some of the new Street lights were ili but due to a shortage of
overhead brackets, They were not ai.>_ in. rie reported that the r`la.Yower
a Light Co. had found the street li &ht standard, at 5. ,i. 56th Ave. and
Stith bt. v.%. and Cowlcilman Gresham, ,seconded by C;oLuicilman rrebish
moved that the light at .,f. 58t1 Ave. and 50th ;mot. be :installed and the
Q-Lerk advise the ii'lorida Pouter a Light Co. to draw up the necessary reso-
lution. Lotion carried. lie also reported that he had contac ed Belcher
Oil Co regarding the oil distributor, but the City still harits dis-
tributor.
tsU1LUTA!G:�: Chairman 1- uidreios stated he did not know Whether it comes under
4 % the fire dept. or the street dept., but when the fire well was placed; in
the 6200 block on S. Y . 42nd jt. the sidewalk was broken up and never
repaired. Councilman Carballo stated this was also the condition at S.
2nd Rd. and 3rd Ave., and that he was working on the man who did those
wells, ' Councilinan Gresham to work with him.
Chairman Andrews further reported the City gall roof had been repairers and
2. bills submitted but that there will be another.one. he believes the
roof now in good shape. tic wants to get bids to install soundf»deadening
board in ceiling instead of patching the hole with plaster. rie also
reported that the light bills for the building alone are now higher than
formerly they used to lie for` everything togethei: and has requested the
N`i't, to malce a survey. ne discussed the" problem of collecting occupational
licenses from sub - contractors and raised the question of Who is responsi-
ble for the collection of occupational licenses. The possibility of
getting the general contractor to- furnish the names of his sub - contractors
Was raised. tie stated buiidin -g permit fees and electrical permit fees
Were U.K. but plumbing permit fees about one -half of what they should be.
Councilman Andrews, seconded by Counciiinan Carballo, moved that the City
1ittoilneyy be requested to draw up a proper ordinance increasing the fees
for plumbinc, Permits to a more equitable basis and in proportion to fees
charged by other mun:ieipal.iti.es. FOiioiviII discussion and Htty• Yates
requCst that the Building Chairman be appointed to stork t'tiih the City
attorney oir these fees, motion was carried.
-" tin the Proposed emergency poVaer plant he had received 2 bids as f olloars
I. . 'er&mt ralorl,
>I�.t 1 at`' 1164y (pl is about tp135 f rcight )
iarz;er Oft ex atAA600 phis :eraig t
\1
2 C. <tl. ;3tern Co.
/a° Surplus, used 5 1ti,1 4i47) deliv,�rod belt not installed.
He stated he aould recoutmend the purchase and :soon of the unit from
Stern Co.', both as to price and tho fact that it can be locally serviced.
A4yor Acker suggested the advisability of getting bid from several dif' _
ferent companies on var surplus material, and Councilman � drews to look -in-
to wad report at next meeting.
Chairman Andrews, discussed various existing violations of the- City's
building code, charging '.1. U. Canitigton, building inspector with inef-
ficiency, lack of interest and neglect of duty and recommendiang his
removal from office
councilman Pre'bisoh stated that in view of Councilman Andrew's recom-
mendations lie feels a motion in order to remove a:.lr. Cani V,,ton. from
his office with an opportunity to -reply to any charges made.
Comacilman Prebish, seconded by Cou cilman �aidrsws2 moved that q. 0
Caniungton be removed as building inspector of the City of South Miami,.
Mayor Acker stated he believes everyone has a right: to defend himself
and to a trial, that there is no emergency measure to where ha must
be r> emoved from office tonight, has committed no fraud and out of
courtesy is entitled to remain on the job until charges are proven.
Councilman Prebish stated he wanted to be completely fair.
Uouncilman Preble stated he does not believe it wise to make aVI move'
on this/ motion ;until Cani:noton has had chance to reply, nor leave the
City without an inspector.,
replied �
C.ouiicilmai Anaret�s r� llc,d 1•tc has a�. least 2. wllit = several on tem-
porary basis.
,,1. a. Boyden, Gone of the citizens in the audience) believes a special,
committee should be appointee t o go into the charges wade and i.nvesti
gate other conditions existing around here, in which other citize:7s
(Glasel & Dnc Xcndrie) concurred.
Chairman Andrews statod his charges were 'based on Licopipc ntey and feel;
-the motion has been put proper lybefore the cCouncil and that the man is
entitled to a hearing.
H. C. Gamutaoe, :electrical inspector, stated lie wants to be responsible .
for all electrical work.
Councilman. Frobish,, with pei,mission of Councilman Andretws, would :Like
to withdraw his motion and gloved, seconded by Councilman Andre ws, that
the Building Chairman bo directed to draw a bill of charges against
Wr. i an:Ll ton to _ive him an opportunity to show cause why he should
not be removed.
w. U. Caningtoa took the :loon ;li.th ;re; avd to the charges brouEht
against hint.
Atty. Yates urged that Coutici.lman Andrews, brim; :bi substantiation o
hi n c3mrga's
Ca11 for vote on motion: b
in favor , I against.
Councilman Andrews -to get bill of charges to Canington by 'Thursday.:
especial meetingr, Tuesday April 26 at the Community El. 0 to be called
by mayor.
Councilman. ,Andrews believes building and piumbi g inspectors should be on
fee basis.
Pres. Van Dusen appointed a cbmmittec to investigate the matter or paying
the building inspector, as ::follows Chai -man Couaei.7man Preble!, ii�rith
Councilmen Andrevis and Gresham.
Unfinished business: Re Helms construction equipment parked it C -2
Atty. Yates believes a technical violation of C -2 zone, only way to
find out give him a warrant and brim into court.
.`ayor Acker; Stop from picking on cne, man, if .necessary make Mrvey
and get'all.
Councilman Carballo agreed with Liayor on this, if enforce, do all the
Way t.*30t thru.
Pros. Van Dusen appointed a committee to V- rveyy City in this respect, as
far as parking of trucks and heavy equi in areas where parking of
such equipment is not zoned for. kind out exactly where violations occur
and then take positive steps. Councilman Prebish, Chairman, serving;
with Councilmen. Carballo and Preble, to come to Council with list of
such places and recommendations f or action.
tai the bus station, Atty. Yates reported he had talked with hers. Lee
who says she wont be forced' into anything but if the ' Council wants her
to put in those toilets she is willing; to do so and wants a committee
appointed to find the spot in which to put them. Talked, with Thayer
to get his side, who said his Board will take action within 30 days if
she does not do anything.
Pres. Van Dusen appointed a committee consisting of councilman Carballo
as Chairman and Councilmen ,aidrovis and Corley, in response to T,:rso ice's
request
lif un shed- business c
Councilman Carballo, seconded by Councilman :ndraws moved that Urdizance
#1802 caption of which follo-as, be placed on third and final reading in
its entirety. Lotion carried.
w-MUICi Hu. 180
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No.11180, be adopted as ready l�yotiolccarried by1po1ll�moved ollows:�nal1ce
Preb;le yes Corley J y- indrgws yea Gresham yes lmebish;
yes Ian Dusen yes
yes c;arbailo es
he 17 ti•L-ion for widening U. S -,A from South i_iarr i to _riomestead,
Counei.Laan Carballo reported getting man, names in the area and some still
f ortnc owing.
It was also reported that the chamber of Commerce had taken possession
New t the Community Bldg. from. 11 _�.... to 4 i�.:,_. each day.
N'ew business :.
Pres. Van Dusen reported the need for a but for the uirl_ Scouts- and
n-iayor Acker agreed to look into the matter. The possibi -lity of co-
operation from the Chamber of Commerce was raised.
Councilman Preblc brought up the need for re- affirmation of the
Coconut Grove Bxchane Bank as the City's depository in connection
with the blanket bond on the employees, and Councilman Andrews, seconded
by Councilman Corley, moved that the City re- affirm the Coconut Grove
Exchange Bank as depository for the City's funds by -Resolution, to be
prepared. Motion carried.
In mew of the lateness oil the hour, and at Mayor Ticker's request
Councilman Andreas, seconded by Councilman Carballo, moved that in the
call for the special meeting next Tuesday, be included the business of
filling the vacancies on the %joni!zg Board as per Urdinance ,-#171:
kotion carried.
Xounciluan Preble brought up the matter of the new employee. itiayor
Acker stated he will agree to hire her for two flecks but disagrees on
the set up.
b f , , Unci.lman Carballo, seconded by Councilman Andrews,,
moved that. Faye�$auerland be hired for a period of two weeks at X35.00
k'ollowi.�� s diNcu..szon Co
per rieek. 1- lotion carried by poll as follows
Preble yes Corley no Carball.o yes Andrews yes Gresham yes Prebisii
yes Van Dusen yes
It was agreed that she work under the direction of the Clerk but be
available for work in the other departments as needed.
The following bills were presented for approval and payment:;
City of ;Uami 50 *00�bolice radio, apri1
rla.Power ek Light Co. 200.001streorcpa Iris xpril 1949
Guaranty Roofing in F Co . +�
A. C. i.cGarey 6.75 transfer service ..arch
FrCS01ey Displays 2 .00 signs
O'LaliZlb 3 1 t'rs r1i71u UUT (Jr' G�:rt. iit'i►L
1+'i7 W
CoLMOiL,Ian Carballo, 6000ndOd by Couticilbla t V=hau. moved tti t the
bills be pond sic read.
9
Finance Chairman Preble asked that heads of each department issue .
requests for their requirements and also U.ls. all bills over ;p5.00-
before being presented for purchase order, so they wiil Raiow what
is 90L- on in their department.
Question for motion_; Motion carried by poil, as follows
Preble yes Corley yeas Carballo yes jAndrews yes Gresham yes
Frebish yes Van Dusen yes
There being, no fu
rther business, the meeting was adjourned in regu.Iar'
order at approximately .1:30 A.M. April 20
ATT ST
QCeid—rits City Cotuzci- .... •
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G, fit y Clerx: