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.
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_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
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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
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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.
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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.
X'