1949-07-05 MINUTES OF CITY COUNCIL MTGjyi jZ]TLi► " '1' r`+ "GUiAAi ivLL4".0TiV'G UL' Til i
CITY COUNCIL Ue bUL)TIi 1U -Zr11 iiELD 'ft7�' "Ay
d;V_- 2TRTG1 July 52 1949 is T1111 CITY tip
AT 8 :00 P.M.
The meeting was called to order by Pres. Prebish with LTayor Acker,
Atty. Yates and Councilmen Preble, Corley, Carballos Andrews, Gresham
and Prebish responding to roll call.
Minutes of the special meeting of dune 28' and of June 29 were respect-
ively approved as read.
lao Glasel, a resident, raised questions on his proposal for a fact-
finding committee on the budget, the referendum on the supervisor of
public works and the bus franchise. -
Pres. Prebish agreed the budget committee a point well taken, that the
budget provided no funds for the election on the referendum, and that
the 'bus matter had been referred to a special committee.
C. If. Stern of C. H Stern & Co -, Inc. asked for definite action on
the City's proposed purchase of a generator, stating he had another
purchaser for it. Councilman Andrews reported that Inspector Gammage
had checked the plant at his request and reported it satisfactory,
and Councilman Gresham and Mayor Acker accepted this report, completing'
the special committee report thereby and the Clerk was instructed to
issue the purchase order the fbllowi:-4; morning.
Tex'. Stern also raised the question on the auctioneers license fees,
now $250.00 per year plus X30.00 per each day or fraction thereof
on each sale, suggesting the lowering of the fee to owners of property
on which the auctions are held. Councilman Preble suggested the re-
duction of the per diem fee after a certain length of time in business.
Councilman Preble, .seconded by Councilman. Carballo2 moved that Mr. Stern
have his 'lawyer draw up a workable ordinance for modification of the
ordinance along those lines, for consideration. Blotion- carried.
T. McE. Johnston, attorney for H. K. Idedemeyer, asked to review the
Adler case.
Pros. Prebish asked him whether he is asking; the Council to rescind
the action giving %r. Adler a six-months' extension, to which he. replied
'ryes - +'
Pres. Prebish asked hr. Johnston whether they intend to take legal steps
if the Council takes no action.
tir.. Johnston stated he was sorry the question was asked but that his
clients will take recourse thru the Courts, that this is not said in a
threatening spirit but merely a statement.
Atty. Yates stated that the council had committed : tsolf to a course of
action and that there is law to the effect that the City is right, that
insofar as legal action is concerned, it might be a good idea to see
what ca.a bd done. no stated that tho Council call ��ant varianeds oil
recolmlondati,ons of tho lon' g Board and over racommandations by the
zoning Board by a X17 v"oto that it is ai question of the C ty telling
-2.- \�
Mr. :idler !whether he close down in 30 - 60 or 90 days or 6 months
Councilman Gresham7 seconded by Councilman Corley2 moved that inr.
dol zsion c s request on behalf or hr. Wedere y er , be d enied.
To the question of whether the nei hbors could get an injunction
against Pir. Adler) Atty. Yates replied "yes."
Vote on the motion, carried by poll as follows:
Preble tyres Corley yes Carballo yes: Andrews yes Gresham yes Prebish
no
Councilman Andrews reported on the condition of the Boy Scout hut, stat-
ing it was in bad shape and a safety hazard but still being used, and pre -
sented Edgar Shafer,; one of the leaders. Yw. Shafer reported ,t that they
had planned to have the building down by the middle of dily but got hung
timon a demolish and other plavoulbut believes they can start at any
p p
They would rather take it down before the
storm season is on. He also stated t iat the Boy Scouts will demolish
the but and not put the burden on the City.
Mayor Acker asked the Council to designate that location for the Girl
Scouts and that the'floor and chimney may be utilized.
Councilman Andrews2`seconded by Councilman Carballo, moved that as soon
as the Boy Scouts demolish the present Boy Scout but on the Community
Building grounds that the. Girl. Scouts be granted that location. Motion.
k carried:
Geo. Brewer invited, the mayor' and all members of the Council and .attorney
to a Planning Board meeting- on.Thurrsday. He also reported that the
Chamber and of Commerce was questioning inn getting additional routes for the
y from the Council on that.
John Bird, 200 s. Red iid. next appeared before the Council on the
matter of parking meters. He estimated that about 200 could be used
without meteriizg the west side of the highway. He stated that ILis
company allowed 3 extra meters per 100 that the total cost per metier
is X58.50, being X54.00 for the meter and $4.50 complete installation and
shipping charges with an additiongl $2.50 for coin counters. The Council
geed to consider the matter.
Communication::
Pres. Prebish °read a copy of a letter to judge Theedq commending the City's
clean -up campaign in the Negro district, signed by the Negro Service
Council.
A letter from the Advisory zoning and Planni.ngBoard on the Miami ,Dater
Hoard request i'or permit to install parall-tl lines carried the following
recommendations;
"It is recommended that the Idami .pater Board be granted right -of
away to uystall parallel lines ,according to the plans submitted provided
the folloviing provisions are made and assurance given.
u
'4l. That they give a written guarantee that they will furnish, If
so desired by the City Council,, an adequate supply of water to the resi-
dents of South Miami: The adequacy of the supply to be 'deteimined by the
ti Council or in event of dispute by three arbitrators, one for the City,
one for the Neater Board and one appointed by these two arbiters.
" 2 That -they give written assurance that water for municipal
purposes will be charged at 'a rate, based on use, not to exceed the
lowest rate charged: any municipality in made County.
"3. That when installing the present proposed main that they
will lay a 24 inch main.from theboutlet valve in the main high pressure
line to extend to Sunset Drive and Ludlum toad."
Councilman Carballo, secdnded by Councilman Cresham2 moved that the
Council approve the recommendations and forward diem to the Hater 'Board
for action. Motion carried.
?reports of standing` committees were as follows:
Finance.- Chairman,Preble reported he had not'gotten together with his
committee because he wants to get in touch with the Chamber of Commerce'
committee chairman, Carl Turner, to find out what their proposals are
and consider them before going' to the bus company*
Sanitation: Chairman Corley reported working smoothly 11
Fire: Chairman Carballo reported on the proposed new fire truck, that
' toe$7685c that£aecommitteel�isttocbeSappointed by the price
member of the Council on the committe that they will send�out cards
to every home owner in South L�amil &endall and adjoining county with
plans to raise the funds in tfi'e following mamzcrs:
1. Benefit performance at the So -Miami Theater.
2. Party at the Bakery
3;. Ball game
4& Dance at the Woman's Club
5. A number of different parties to raise money
Enough is to be collected to pay one -half, then let the matter rest
avolhile and come back and get the other half. The truck must be ordered
in the name of the City. Fire insurance rates will be lowered with this
equipment and ;added wells.
go reported that the fire chief is working to get volunteers drilling
at least once every two weeks, including a volunteer company in the
colored Section.
Police: Chairman 1rebish reported that 13ill Jordan had resigned auly 1
Car-
ballo, seconded by Councilman �i'ndrowst moved that fames Parrish b Car-
and, jamcn Parrish replaced hire at c oia. officer.
' sh be
appointed as temporary police officer at pI90 *00 per ,Aonuh for the 'bal-
anco of the vacation periods of tine t6mbora o.' the po.Lice ddpartnalentq
as of Wily le Lotion carried by poll, an followa:
lrablre yon. Corley yos Carballo yes Ahdrawa yon (;rdalt= yes Probinh
yon
MAIM
I
Streets & Parks. Chairman Gresham reported that one of the former 'col-
tired prisoners,.who is a good worker,, will work for 4125.00 per month and
that he had worked him since jut 1 and there is r him in
y , provision io
the new proposed budget.
Councilman Gresham, seconded by Councilman Preble, moved that the Council
hire Buster Hunter at $125.00 per month as of Ouly 1, in the Streets &,
-Parks Department. Motion carried by poll, as follows:
treble yes Corley yes Carballo yes Andrews yes Gresham yes Prebish.
'yes.
Chairman Gresham also reported they had oiled and rocked S. lst St. from
U. S. 1 to Red Rd., rebuilt S. lst Rd. from Sunset Dr. to S. 1st ls.t.,
and oiled and rocked S. 1st .Ave. from Sunset Drive to S. lst St.
It was also his recommendation that the pole at iced Rd., and N' 4th St.
stay where` it is, possibly building an island- aromzd it
Buildinws: Chairman Andrews reported that 11,7. 0. Canington was on vaca-
tion as of :truly I and with R. C Gammage not back until today, he had
replaced. LIr. Canin gton with 4alter McDonald during hi`• vacation, , and
that on the condemnations discussed, they were getting ready but would'
wait -until 7uir. Canington's return for action.
ouncilman,Aadrews, seconded by Councilman Corley, moved that Walter
McDonald be appointed as temporary budlding inspector during W. 0. Can-
ington's vacation period at the same rate of pay. Notion carried by poll,
as follows:
treble' yes Corley yes Carballo yes Andrews yes Gresham yes Prebish
yes
Special, Committees
t city portions sued out: Atty. Yates reported dis
1. i?e brp��ir� into o
cussing this with no
rmer City Atty. ',]ard and stated that the provisions,
of the Charter whereby the City can annex territory within 2 wiles of
the City Limits was repealed in 1933 xe believes the thing to do would be
to go to the legislature and get a special act, and that there is a pos
sibility that the Courts may go on the theory that patches taken out by
Quo tarranto would have r he right to be put back into the City.
2. Re Garbage: Chairman Corley reported that the load of a truck is
about 2 tons. Councilman Carballo reported that the Coral Gables in-
cinerator could take care of this, and a working agreement would be
possible. The cost to Coral Gables itself is X3.00 per ton, including
hauling, but the garbage must be separated.
he also reported that displayed tags are the only solution both in
!Coral Cables and Hialeah. The City has between 5 and 7 tons of gar-
bage per day and in the event of wi emergency cari work out with ,Coral
Gables
30 .fie gofer: It wab ;cpointed out that ift their letter of June 8 Con
otitors „ aten Co. had lidicated they were still, Working on question of a
prism On their OXISting f9cil.ities is bouth Liami
<r g y 1n the matter of salvage `ri rights, Atty. Yates 'fts had prepared a resolution,
designated as Resolution No. 303 and which was read, as follows;
r x CESOLUTIUN NU. 303
A ttii 60WTION AUU- 1011,14;ING TH.E] G. tZTTIITG OF S iLVnu
PRIVIiBG:bo UT TIM (xif- LBAGrL DUI&, UILUD aU\2) Ut'2C.►L1 Ij
BY `1'riN CITY Ur' SUU`:i'H ,P;iiAYLL r'OR A Ai IuD OF SIX`
DIONTiiO FRUu XiZ 6 1949, M AUITiiURiZIT\TG CLAYTON
'd AC KM, Tdit1WR AN1 8YLOk G. IVIARTDi CiZRIC U ' TI-M
CITY OF SOUTH 11 AikI 10 XuiC`OTi� X i:OT T-ru:T n!I`1'H
itki:f RAIL IE
w1MR -wUA-S , it appears that valuable salvage privileges exist in the
South Rliami City dump2 and
one Ray Baillie has offered the sum of fifteen ($15.00)'
per month for salvage privileges in the garbage dump owned and operated
by the City of South Niami, and
'+� ASy this offer is deemed favorab3c by the Mayor and the
City Council -
NUVII Tti l_tra+'v 1 I3t IT niavLVr�) by the 1Mayor and City Council of
the City of South Miami
1. That the said offer of the said stay Baillic be accepted for
a period of six months.,
2w That the !Vlayor and the City Clerk'be and they are hereb y
authorized to execute a .contract with Kay Baillie orantsnb ham salvage
privileges, subjectfj6 to the direction and supervision of the Chairman
on Sanitation. for a period .6f six (6) months from July 6, 1949 in the
garbage dump ovmed and operated by the City of South Kiamif or a con-
sideration of fifteen ($15.00) dollars per month payable in advance
on the sixth "(6th) day of each and every month until the sum of ninety
($90.00) dollars is paid.
3. The contract.hereinabove authorized shall be executed only on
the condition that the said :Kay Baillie contracts, agrees and consents to
save the City of South Miami harmless from any liability whatsoever in-
curred by the said City of ;south biami through or on account of the
activities of the said Ray Baillie authorized or occasioned by or in any
way traceable to the contract hereinabove authorized.
4. The acceptance of the said offer of the said Ray Baillia is
hereby conditioned upon the execution of the contract horeinabove
authorized.
Councilman Corley] seconded by Councilman Carballo moved that Resolution
#303 be adopted as read.
It was agreed that Nay Baillio pay for the drawing of the contract.
Motion carried by pol.Li as A allows;
Preble yes Corley yet; 0arbalio yes Andrevis yes rconw yeti prebish
yes
�i
—6_
Pres. Prebish discussed tlaq importance
of doing business by resolution.
lie also stated he will be absent at
the next regular meeting and asked
the Council's pleasure about a. vice - president.
Councilman Andrews, seconded by Councilman
Corley, Moved that Council-
man Andrews serve as Chairman at that
meeting. Iviotion carried.
:she following bills were ,submitted for approval and payment:
Bills payable - June °
309 1948
Belcher Oil Co.
238.Wroad oil
Bailey's Lumber Yard,
28.19%I=ber supplies
Brewer C,o.
Bryant + s Corner Service
45. jO t,redi -mi c asphalt
2.76:sas
Biscayne
Chemical
1.95 "brass polish
Ted Crockett
Denning's, Inc.,
41.14s,ice Dec.1948 thru June 1949
Dorn [Martin Drug Co.
12.46,�hardware supplies
1.99,�drug supplies
Lade Fire Extinguisher
57.252.50 ft. booster hose
Fla. ','quipment Co.
27.37,�repairs & parts
Peerster Electric Co
16.3 511overload switch
R: C. Gammage
82.- 00electric inspection
Harley's Service Station
52.07ttire &repairs:
:Hokum hunch
95.75, "prisoners l meals
Miami Crushed :tone
,
86.20Arock & screenings
Miami Lime & Chemical Co
76.50'Apit rock
Tovm of North Miami
Oolite Rock
10.0020 copies Zoning Ord.
..�
6.80ipit rock
Petty Cash
bred Bing Corp. Cor .
p
41.47-.'per itemized list
b 5dclectric caps
bailey- iuilamt Inc.
-2 i` playground supplies
7 59
n. C. achwebke
So -kiami atlantic Service
` .281,80 city maps
33n•2�3doo oily tires
So.1diami PLInt' & Publishii n
t�.001000 envelopes
Standard Uil Co.
Ray Turner
21.86,"',110 gal. diesel fuel dep.
8E3.05arepairs
Veteran Surplus' Outlet
O.00' balance on typewriter
Totaling
1,429.29 payable out of :'" jI-
wand FWI5VQW,& funds
Councilman Gresham- seconded by 'Councilman :uidrews moved that the bills not
sica�c=sxrss�d as read be paid as of June 30, to close out the fiseaL year.
Motion carried by poll, as ollowss
Preble yes Corley yes Carballo yes
Andrews yes Gresham yea Preb sh yes
Councilman Iteble asked that from now
on mileage records be kept on all
equipment. ,
There being not further business, the Meting vlas adjourned in regular
order at apprvimately 1,2:00 midnight
1�"i:i+S1
.
�'L'oS5 C:nu�y Counc
1:�Iiry 01614