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1949-11-01 MINUTES OF CITY COUNCIL MTG1VMq ,?S 02 `lTIL; -UGUL C ,L-TING OF TIM CITY COUNCIL OF aGXJTii I,�_1I,;T ILLD ?'�J'�,1j --'.Di WEN- I'iuG NGVLILiLi 12 A. D. 1949 AT THE CITY riles AT 6.00 P.1a. The meeting was called to order by Pres. Van Dusen with all" embers of the Council responding to roll call and Mayor Acker j oiuzing the meeting during the reading of the minutes of the regular meeting of October 18. Atty. Ruff joined the meeting later. Following a.correction from "temporary" to "probationary" in the wording of the appointment of Robt. H. Tanner as fireman, the minutes were approved as corrected;. Larry Levine appeared on his own. behalf in connection with his applica- tion. for a beer and 'wine 'license for the restaurant at 723 N. 2nd Pd. re- cently taken over by him._ Councilman Andrer1s seconded by Councilman Preble, moved that the request be turned over to the Advisory Zoning and Planning Board Motion carried'. Geo. Bre,er asked whether the W. F. Caudell building permit had been requested for a candy shop or 'theater and Pres. Vail Dusen replied that it was for a candy shop. Idir. Brewer stated that it was untended to be cart of a theater building. IOW. Brewer brought up the matter of hiller Associates, application on the wooden shed which had been turned down because it was not on the plan and bein in 'a fire zone it should be a block wall. There was discus- sion between Mr. Breuer and Mayor Acker. In connection with the bids for a truck for the Sanitary Department, Chairman Corley reported that the committee had decided that the South- land Chevrolet Co. had submitted the best bid, of $192.00, without helper springs, which cost $18.50. Councilman Prebish, seconded by Councilman Andrews, moved that the bid of Southland Chevrolet Co. relative to the purchase of a truck for the City of South Miami be accepted. In the discussion, it was agreed that helper springs can be ordered as extra equipment. Motion carried by poll, as follows: Preble yes Corley yes Carballo yeas Andrews yes Gresham yes Prebish yes Van Dusen yes The request of W. L. Sauls for the re- zoning; of his property for a'used- ear lot was read. Councilman Carballo, seconded by Cowicilrnan Corley, moved that it be reforreu- to the Advisory Zon ig .Board. Motion carried. Copy of the Zoning 'Board's letter to °.;. ;. Christensen was read, advising that a waiver cannot be granted on his property and a hearii4 for re- zoning would be hold if he desired it. Copy of the Zonis; Board's letter to Lucien C. Proby, attorney for Joe Gong, was read, aavisiis that oviiAig to a mix -up on surveys anu the pos- sibility of aslum clearance project the Board deemed it advisable to postpone action on a request for rcionir1g,° at this tine. AL. letter from Fuchs .Baking Co. asking; for a brighter atreot light at the intersection of State I<igh-way and It. lat Ave. yjas turned over to 5trodts & .Par >:o Chairman Gresham for attention. _2_ A letter of thanks was read from the South Miami District Chamber of Commerce for the Cityf s recent contribution. A letter from Wt. Sydow offerin his engineering services on a munici- pal -water project, was ordered filed for future reference. J. P. Canington and James Dowling came before, the Council to 'state that about a Year ago a committee had asked for the` straightening of the S 4th Ave. crossing and installation of a traffic l ight, that the crossing was now completed and they still want a light there. Following discussion on blinker vs. traffic signal Councilman: Preble suggested asking the County Commission if they ti:1ould be agreeable to the installation, of a; caution light to take care of the immediate need. Chief McKinney, stated they must get the approval of the State Road Department and State High- way ,Patrol, but believed it would be easier to get an O.L. for a blinker and then try to get the regulation stop light.. Following discussion, Pres. Van Dusen appointed Councihien Prebish and Gresham and lv"r. Brewer to go to County Commissioner Bird and report back t the next Council meeting.; James Dowling stated that on the patrolling of the highway on peak hours,: good work was being done by the Police Department. Mrs. btarian Lee of the South Miami Coach Line presented formal applica Lion fora building permit for the installation of 4 toilets at the Terminal. Councilman Andrews stated it was a question of whether the Council ,must paws and D,Ir. Brewer suggested that the Committee should O.K. the plans. Coun- cilman Prebish, seconded by Cowacilian Corley, moved that they accept the plans of the South Iriiami Coach Line for the installation of rest rood facilities, . I1otion carried. A letter from Goo. Headley, of the Orange, Bowl Committee, inviting the City to sponsor boat races, was: read. Counciliiian _Andrews, seconded by Councilman Preble, moved that the letter: be filed.. ir.otion carried. A change in the order of 'business was suggested. Councilman Andrews stated that time and again persons in the audience awaited action on unfinished business and he would ]Ice to have the chair instruct the City attorney to see if the order of" business cannot be changed perma- nently. Atty. Ruff was asked to check the possibility of changing the order of business from the present schedule to the following: 1. Roll Call. 2. Readint; of minutes of last mooting. 3. Roadin� of petitions and coinmwiic= �tions. 7. Unfinished 'business. g. ifew Business. 4. Reports of Standing Cotmrittovn: a. F1mince d. Yoli,ce b. Sanitation e. Streets C. Parks c. Fire f. �uzldrngs. Reports of jpccial Cow itta -;s -> b. Reports of officers g. reports of accountal UL'Ar ewe; iA App roprictions. 1 _3. Councilman Andrews stated it was a ,question mhe-her the order of new business might depend on committee reports. Atty. Huff stated that by a 2/3 vote of the members present anything could be heard over and above regular order of business. Councilman Andreas7; seconded by Councilman Carballo.9 moved that they JW alter the regular order of business and bring up unfinished business at this time Liot ion carried. Councilman Andrevas,q seconded by Councilstian Carballo, moved that they re- affirm the City's contract with 'Consumers ,'later Co. Councilman Prebish stated that no report had been received from the special committee and fools that the motion is out of order. Councilman Carballo agreed that they should ask for a report of the special committee. Pres. Van Dusen asked that the motion be withheld until the report is received. In connection with the Council meeting at the Community Buildinf , Councilman Annrews2 seconded by Councilman Carballo, moved that the proper resolution be prepared by the City Attorney to make it possi- ble to hold meetin& s at the Communit y Building. Motion carried. The matter of control, Police vs. itiiayor7 was next taken up. In the course of discussion, Councilman Corley -asked, Chief IlcIL i-u -ley whether he would like to resign, and Chief McKinley replied not unless he wanted to. CounciLnan Preble stated that question was beside the point anal has nothirig to do with the issue be Ween the Mlayor and Councilman Prebish. Mayor Acker stated the matter first came up during his absence, that a statement had been made that it was a matter of lack of co- operation. He stated that the authority of the I'ayor had been usurped, that he has been called and viorked with every department, that the Police ,Department is the keystone of a City especially iir the enforcement of .ordinances. He would like to ask the City Attorney as to State Lawq form of our Charter, etc-7 whose re5ponsiUlity. Atty. Ruff replied that the question as to who has the ultimate auth- ority of the Police Department is somowhat confusod. Under the original code various committeemen are appointed who will have ,gon oral supervision and the l:ayor :hall sea that all ordinances are executed. The prosorit charter make, s no to air; eom.:tittcomrri vihatsoovor but does provide insofar as powora ve the lLyor atnd mombors oZ the Council arc concerned *�iL gUoted aria 14 an,, stated 'trust the ChurtQr it hivhor authority bac.s. ;� : it wau Zubac quent to the Code. The administrative head is the I,. or. 0A&r`�inipsgtVato'c �ioar1€� to youp ryvy I.se. to ball v'a:s the Lta',yyor �i�z the �il,'O�,id 0SFl Cau v.I�i�tyy. a�ntallpr0- - .: ation o i* It 'adulin .strativell hdad 4'Ya'�Yi U1j :ia.Via he .k.'ayor i.Lirll anui ,iinnl 7 I 4 Chief Mchinx ey. stated there was only one time that the sayor took direct action which was the cause of this ardunent. At all other timer he has XK taken everything up with Councilman Prevish, Councilman Prebish stated he would like to have the Council direct him I as to what they expect of him? that he is willing; to do anything to straighten out what appears to be a serious situation. Pres. Van Dusen stated that Councilman Prebish had been operating O.K. prior to the time of the conflict and suggested that the Council in- struct Councilman P1ebish to go ahead on the basis he was operating at the time the conflict occurred and 'that in addition he and the ! ayor work tobether to see to the efficient operation of the police depart- ment. Atty. Ruff stated the Council is a legislative body, that the Iiayor %s the administrative head of the City government Mayor Acker stated his responsibility should be matched with authority to carry out, Councilman Andrews, seconded by Councilman Corley, moved that as the pariginal Code provides for committeemen of various departments, that these co i tteetnen fulfill their duties in accordance with the original Code whs been ratified by the Charter and inasmuch as they have establisl_ cL the precedent of having committeemen that they discharge their duties as such. Following discussion, on a call for a vote, the motion was carried. Councilman Gresham, seconded by Councilman Carballe, moved that Ordi- nance ;1'1962 caption of which follows, be placed on third and final readi.iV_;. I..otion carried.. Opp Mif. -0 11:11C"I .,. 196 TAll O�.dQ7IINAii0.1 AL�M7t1]� 3NG' C.1�Cgi! yv - tyGy.� 5 CiyF-� m it iilc : r .INTO. 98 Uri 'Ia:J CITY uP wiCUTII la..L1'►1 I CVl:.i`.�.ilZY MIU-11 iii ZOIMJG C3L,.;.;ir?.d,!Cr; 62 '4Y.i r:,'l,"_' I,:Tat,T A S Vt Ii't;°. 147 QLAIM31* '.ELI &t", OF LCi j 47 48 49 J. 1,. L,i ,L ]iT,� ,SU&7.I TO C -1 Ual; rollowiiv tho reading in ontirety, CounciIiian Carball.oI seconded by Councilman Grppharu$ moved t1rut Wdim Yce #156 be 46opted as recd. toti.on carried floun ilri.an Gros;l brouL lt• lip the e � qusti.on iii the fVtA1'1Ghizo for tho us3 ompar* . Counci.*Lian Ahdrovis stated the -0 15 a coM.h.itt00 r0PO *t on that 8t411 Lo 'b°jo9 connection y y � y J{s y y� ♦W¢� y { j y qyy �q# �g y yam{ in Vb3�lnection YIit;i ho ra�tWIL; �iY 4iV0r$ t,,.(' IAV'o 'QIIU ivgrj V i�LI lvel Mal lad ad ins �*i3c�.C42 Late �."a,00� L 'rra �� t. �ffi r vy m UIU iMitt-UCt waf; hot you zlLpe l Wive t.w" 2-. V. ck:��cx -"3lsj. :.%yb$ Ao io-r cutel dd ahial stating tit II-. 4twt is Uiy1if to L!�f ;,41211 that 11. -% bum ,:Ofioj taw no y *t _5- The report of the 2"lection Committcc was next submitted, setting the dates for the opening of the registration books;, the date for the election on the referendum, the place and names of Clerk and Inspectors, and the questions. Atty. Ruff called attention 'to the need for a Charter Board. Councilman Carballo suggested that a Charter Board composed. of 5 members be selected, and suggested that under their report, paragraph "F" shall read as follows F. If you vote "yes" for question 1 or 2, then vote for 5 of the follow ing as Charger Board. members. G.1. ('as shown on report ; G.2. That the City Clerk is instructed to place a no :tice in all of the : publications having a general circulation in South h:iami that candidates for membership for a Charter Board for the purpose of amending the pres- ent Charter of the City of South, Miami will be qualified if they them - selves are qualified, voters. and when their. names are, submitted by written petition signed by 'five qualified voters of the City of South Miami and in the event that at least twelve voters of the City of South iriiami. have not qualified as candidates for the Charter Board by Decem- ber 16, then the City Council shall qualify a sufficient number of ° voters as candidates for the Charter Board to supply at lease twelve to choose from. Councilman Prebish, seconded by Counciaman lndrevs, moved that with the exception of Paragraph E, the report of the special committee be adopted as corrected. Itotion carried. Paragraph E: 4t`ty. Ruff suggested the wording'of the questions, as follows: 1. Do you favor amending the present Charter of the City of South M ami? 2. Do you favor the City Manager er form of goveriunent for the City of South ! iami? Councilman indrews$ seconded by Councilman Carballo, moved that the bal- lot be prepared with the two questions as proposed by Atty. Ruff. The question :`ias raised, and discussed, to , hat extent the charter is to be amended if the City J..anag,er is not passed. Follow ri; discu3sibn, thu motion Boas ct4rr od, -to that the amended report Vint at follows; Caut ei 1:.; n L. Carbali6 j Chair. Cotmai,lmall Al- %mebi sh and City Attor,:1ey Johr9, : u uats b r0. TO: city Council: .art "Ww duo i°c$.uuy €9m dell uI-tAt 6i11O t.,I COL.s .jttoo roG'ogzi,�3ids 6 A. That the registration books be opened on November rC12, 1949 and. be kept open for• a period of thin da s ' Sundays ed, as re gaired by Ordinance No. 19. B. That the referendum be held on Tuesday, January the 4th, 1950. C. That the Community Building, 300 Sunset Drive, be designated as the pollinS place, as required by Ordinance -- 3, which amends Ord- inance - inance; �9 D. that the following persons persons be appointed to serve at the election poll. la-s. Arthur Malton, Clerk It7rs. H. F. Shelley, inspector Mrs Eiattie Sapos, Inspector Mrs. Kargaret Finkard., inspector Et?s. Eleanor Arendt, Assistant Ivlr. James Collar, Assistant Mr. Frank Lewis, Votii-.t_g T.;achino Cperator Lrs. J. Parrish, alternate Mrs;. Pearl Brooke, alternLite Should cuzforscon circumstances prevent any of the above -named persons from serving at the ,polling place, the City Clerk is to secure proper substitutes. E. That the following questions, approved by the City Council be asked of the electomate 1 Do you favor amendin b r the present Charier of the City of South !kIiami Answer; Yes No 2. Do you favor the City T4.anager fore of government for the City of South I.Iiami ° Answer. Yes No F. If you vote "yes" for question .1 or 22 then vote for five (5) of the following as Charter Board members: (At • least 12 names to be supplied see C -2) G. 1. That the K'ayor and the City Clerk carry on the other necessary steps required for an election, as required by Ordinances. No. 19 and 193, of this City, 2. That the City Clerk is instructed to price a notice in all of the publications havil7t; a gonaral circulation in south 1. iami` that candidates for membership for a Charter 1304rd for the purpose of amcnuin the present Charter of the City of South u:iami will be qualified if th€:y thutisulvcs arc qualified voters and when their na os are submitted by written petition signed by five qualified voters o'4: the City of south Liam i and in the ovant that at leash tcrelV votcra of thu City, o� South E, iami havo not qual i "jed as ca7juiaat�J -�'oV trio Char�tor Lodr�Y r .. by jeccmibor� to , thole t.;10 City Courzc�.�. shuil qualiu:y a r,efic iont, number of voters as can"it:ates U'011 the Chart,�r ;..04V:3 to napply at Ic"t tt else to chooso from. _l II. Councilman Prebish, seconded by CoLmcilman Breble, moved that the Corm- cil dispense vii the remainder of business with the exception oi` pay- ment of bills anti adjourn. `Following discussion, in vinich Z3r. Boyden called attention to the fact that a motion to adjourn is not debatable 7 the motion ryas carried by a polled, 'vote as follows Preble, yes Corley yes Carballo no Andrews no Gresham yes Prebish yes Van'Dustin no The following bills were presented for approval and payment; BIB NOV L% 11 1949 Brewer Co. of Fla:. 32.50' asphalt Clark's Service Station 1.50 kennite Coulter Hardware & Paint Co. 13.62-3 waste baskets, brushes brooms Ted Crockett 22.14 1ice Denning s 35 09 , lardtii arc Dorn- Iaartiri Drug Co. 4.45 batteries? etc. Duro -Test Corp. 38.88'light bulbs, starkers Fla. Equipment Co. 8.68 fiparts , SP equipment 1@?. Foster's Store 24.60 ;stationery supplies Gillie Godwin 10.001-desk R C. Camnage 169.40ielectric permits Gulf Oil Copporat:ion 12.26+ diesel 8: oil iI �;h:aay h:otor Service gross 489.34 gas, oil, tires: _'�Holsum Restaurant 33.20;prisoners' meals Miami Uniforms 93.25 Police & fire uniforms Mirro -Flex Co. 25.00 "posts (police Oi. Drug Store, 7.44 Xpa_rts , mower Petty Cash r temized'.lis 44 59 ,.'per i t e Pressley Displays 11.00`s ns r Riviera Times 4. 50 le:gal notices Ruff John I?C 125.00k legal services Harry 3 chwebke 75 00�atlases Shealey's Garage 660tpart5 So. -Viami Atlantic Service 42.42, tine Totaliri ; 173J4.4-6 payable out of G&!,;.uiL FI3IJD' Oolite Rock Co 497.2j� pit rock, payable out of it lja ]­V.: i ult'D Councilmai Preble7 soconued by Counci3Silun 'robirjhq moved th4t the bills be paid as read. Councilman Amdrevis stated that lie Considered thy: aUjOLIVI r,LOIA illc0l and t orc- for action on bills pag,ablu is illegal) wt u lio 'iTr"d1"it's, ti.is i'or the rccol°d on hit, vtte xtty• af C.,Aytyy L j00- Oe the ✓iI; ;U +ar "that th o city Council may de- � tormirle its oun t -Ul�b" tdId tilt *I -c `or tI i,, motio3l was in order. � n �1on earricia b�r poll f0110Ia.: Prubl* yes Corley oo C rball.o no .�ndrm r. no # � Prc.t,'� s e.� 1 � l .Wotn'itud + "�he mec IL6 I= at 12:1 A.Le iod• 11fov : 2. 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