Loading...
1949-11-16 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF SOUTH MIAMI HELD TUESDAY EVENING, NOVWABER 15, A.D. 1949 AT THE CITY HALL AT 8sOO P.M The meeting was called to order by President Van Dusan with Councilmen Corley, Carballo, Prebish and Van Dusan responding to roll call. Mayor poker and Attorney Ruff joined the meeting during, the reading of the minutes. Minutes of the regular meeting of November let. were approved as read. - SANITATIONs Chairman Corley reported on the total number of outstanding unpaid accounts. W. S. Boyden suggested sending a list of delinquents to the Chamber of Commerce for its Ordinance Enforcing-Committes to go after. Councilman'Carballo stated that he believed the Lions Club and possibly the 'Exchange Club will also help,, and he requested that a list be sent to them. Mayor Acker questioned the legality of enforcing collection of this payment and AttorneyRuff stated they could be prosecuted for having the garbage hauled privately or burning same.. At this point Councilman Andrews joined the meeting. Chairman Corley and Attorney Ruff are to get together and work out suggestions for definite steps that can be taken to enforce collection of permit fees and find ways to stop the dumping of garbage along streets, and report back to the council. At this point Councilman Gresham joined the meeting. In connection with the purchase of a new truck Resolution No. 319 was read, as follows$ RESOLUTION NO* 319 A 'RESOLUTION AUTHORIZ "ING ME PURCHASE OF A NEAT TRUCK. 11HEREAS, the Council in regular session on October 4, A.D. 1949, passed a motion to advertise for bids for a new long wheel base truck, 1-k Ton capacity, and WiEREAS, in accordance with Charter provisions, legal notice for s ed bids w �e inserted in the Miami Daily News of October 8, A.D. 1949 to be ops n October 188 A.D. 1949, and - 1191EREAS, bids from five different ooncerns were submitted in accordance therewith, and WHEREAS, considering all matters concerning the bid and delivery date, Southland Chevrolet has provided the most favorable bid, NOW, THERJORE, BE IT RESOLVED BY VIE MAYOR AND rHE CITY COUNCIL OF THE CITY OF SOUTH MIAMIi That the said bid of Southland Chevrolet for -a total net prior of X11,925.00 -be accepted and order for new Chevrolet cab and chassis with steel platform and hoist be placed, subject to arrangemonts for financing within thirty days, from date of order. -2- Councilman Corley, seconded by Councilman Prebish, moved that Resolution No. 319 be adopted as read. Motion carried by poll as follows Corley yes Carballo yes Andrews yes' Gresham yes Prebish yes Van Dusan yes ODUMUNICATIONSs A letter from the Miami Herald was read regarding an ad for their November 20th. edition. Councilman Andrews, seconded by Councilman Corley, moved that the communication be filed. Motion carried. A letter from-T.R.D. Holding Company with reference to a proposed new plat was referred to the Zoning Board for consideration. A request was presented by Harry G. Robinson , as lessee, for a beer and Rine license at the drug store at Bird and Red Roads. Councilman Prebish suggested the request be referred to the proper committee and th`e'Clark be instructed to have Mr. Robinson file a regular application. President Van Dusan stated that when the application has been properly filed a committee consisting of Councilmen Carballo and Gresham is to consider it and report back. A letter from Mrs. S. J. Kozazoki was read regarding the overgrown condition of the vacant lot adjoining their property. Councilman Andrews stated if this is not a mosquito breeding ground then he doesn't see what can be done about it be- cause there are so many other lots like it. Councilman Corley suggested turning it over to E. H. Rogers to check. A letter was read from the Board of County Commissioners advising that the necessary voting machines will be available for the City's Special Election on Januoty 4th., the city to pay all transportation and incidental expense. A letter from the County Zoning Board was read calling 'attention to a November 21st. hearing., Mayor Acker's Proclamation of November 9thi was read designating November 17th. as "University of Miami Day" in South Miami. In this 'connection Attorney Ruff stated that The University of Miami is now the second larrgest in the south, topped only by Texas. In connection with the proposed change of meeting place, Resolution No. 320 was presented, as followas RESOLUTION NO. 320 A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI WITH REFERENCE TO CHANGE OF MEETING PLACE OF THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FROM THE CITY HALL TO THE OOMMMIITY BUILDING, 300 SUNSET DRIVE, SOUTH MIAMI, FLORIDA. BE IT RESOLVED BY THE "MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMIs That 7diH•:REAS, the City Hall of the City of South Miami is not large enough not properly furnished for meetings of the City Council because of the inadequate seating capacity for the citizenry desiring to attend Council meetings, and YdMU"S, the City Council of the City of South Miami is desirous of conducting its meetings so that citizens of South MiWi attending the meetings can be accommodated with chairs and so that the citizens attending can hear the discussions of the Council meetings, .,gam THEREFORE, BE IT RESOLVED IN PURSUANCE OF SECTION 5 OF THE CITY CHARTER ,OF THE CITY OF SOUTH MIAMI', that the City Council henceforth hold its regular meetings at the Community ;Building, 300 Sunset Drive, South Miami, Florida, at the same hour and on the same dates as presently scheduled, to -wit, at Ss00 P.M. on the first and third Tuesdays of each month. Councilman Androws, seconded by Councilmen Carballo, moved that Resolution No. 320 be adopted as read. In the discussion Mayor Acker asked when it was to become effective. Councilman Andrews suggested the first meeting in the new year. Motion . to adopt the Resolution No. 320 as emended was carried. FIRE: Chairman Carballo reported that Robert H. Tanner had been 'appointed to cover the days before November 1st. because Harry Hagen had left early. Chairman Carballo reported also about furnishing water for use in the city in places where it would be feasible, that he has requested Consumers Water Company to prepare' a basic idea for extending their mains, one of them on Sunset Drive, that he hoped very 'soon they can be extended to the highway with the idea of placing fire hydrants and giving water to the people in that neighborhood. He will report back 'as soon as he hears from Consumers Water Company. He stated that there was a problem of where to lay the pipe, that he has spoken to several owners who will grant permission to put the pipe on their property but will not give an easement. In connection with the burning of garbage and the matter of garbage disposed of in the streets, this is not a matter for the Fire Department, as they can only notify the Police Department, because the Piro Department has no powers of arrest. Councilman Prebi h stated anyone can make out a complaint for the Police Department to carry out. POLICE: Chairman Prebish requested that his report be given later 'during the meeting, STREETS AND PARKS: Chairman Gresham reported that the motor was stolen off the water pump `while °parked in the north end of town on S.W. 42nd. Street and'S.W 62nd. Court - He also reported a shortage of man power in his department and stated he would like to make a'change and would like to got another man to fill in. He has three men on the streets and one :man at the Community Building whom he works out on the streets two days a week to keep the curbs clean, ;etc. Mayor Acker stated that it was a question of utilizing prison labor and suggested working out some plan to use that. Chairman Gresham suggested getting a man to handle the prisoners and work them but said he would have to have a truck also. George Lord brought up the matter of a petition signed by 26 or 30 families re- questing street lights. Chairman Gresham stated that he and Mayor Acker had both been working with the Florida Power and Light Company on this. Councilman Andrews expressed himself as against "labor gang." Councilman Prebish stated the ideal man for this job could be the man charged with the responsibility of care taking tha Community Building and Ci4 Hall who would do his "policing" in a sanitary way and after doing that could do any other work that needed to be done. Chairman Gresham, seconded by Councilman Corley moved that one additional employee be hired for Streets and Parks Department, to be approved by the Council, at- $180.00 per month charged to the budget of the Streets and Parks Department. Motion carried by poll as follows: Corley yes Carballo you Andrews yes Gresham yes Prebish yea Androtivs yes ZE BUILDINGS Chairman Andrews reported his department O.I {., that the two inspectors — ndthe Mayor have things well in hand. President Van Dusen reported that George Brewer was working on the matter of a stop light for the South 4th. Avenue crossing and the committee had tried to see County Commissioner Bird but he was not in town. Councilmen Carballo suggested also writing to the State Road Department, that traffic had increased considerably within the last ten days and he believes a; regular traffic light will be necessary. On the Water Committee report, Mayor Acker stated he was going to make a recom- mendation in Y&ich he believes the committee will concur, that the council sea what assurances or what concessions might be offered by 'Consumers Water Company,, - assurances of fast,_ development of a water system and concessions as to exi sting tapping fees to see what they have to offer £or re- affirmation of the franchise. He pointed out that West Miami had been offered free water at hydrants for 'a franchise. The water committee (Councilmen Corley and Carballo) expressed them- selves in favor of the Mayor's points. Councilman Carballo stated we have to have water, we have a franchise that needs re- affirmation, that they agreed to do certain things and as the Mayor says, the only thing to do is to see if they will fulfill their end. Councilmen Andrews believes the answer to the water problem is a permanent Water Board and that the alternative to non - confirmation of the franchise at this time is not feasible. He feels the City should go on and take Positive steps, which are the re- affirmation of the franchise and setting up of a permanent Water Board to carry on co- ordinating activities of the City with Consumers Water Company., H• E. Keating stated the suggestion of the appointment of a Water Board was entirely satisfactory to Consumers Water Company. Councilman Andrews asked the City ;Attorney if the 'franchise is valid. Attorney Ruff replied that the franchise is valid. Councilman Carballo moved that they affirm the franchise and let Consumers Water - Company go ahead. The motion was lost for want of a second. Councilman Corley believed if they could get together with Mr. 'Keating they could get something accomplished. Councilman Andrews stated: (1) They should discharge the present Water Committee with the "thanks" of the City Council, and (2) By'whatever proper proceedure is rem quirod -- motion or resolution -- that a Water Board be set up.' He stated the question of a franchise is settled. Councilman Prebish pointed out that the charter provides that any special boards shall be appointed by the Mayor. Following discussion, Councilman Andrews, seconded by Councilman Corley, moved that the Council now go on record as favoring establishment of a permanent Water Board and that proper and necessary steps' be taken to set up this Water Board. Motion carried. Attorney Ruff.xas instructed to draw up a Resolution for the next meeting to set up a Water Board and Mayor Acker will make the appointments by then. Mr. Keating stated he would like to formulate plans giving impetus to a program of long term planning, that they want to put water where needed most at the earliest and would like a good overall plan with the Water Board. It was a matter Of extension policy and he believes by ;January 1st, they will have an 8 -inch main on Sunset Drive. FOLICEs Chairman Prebish reported as follows: 1. On Wednesday night he attended a Chamber of Commeroe Board of Directors meeting and presented a request for .a ` y comprehensive study with relation to parking meters, and the Chamber of Commerce is to make a report back to the council. /✓' - r 6 0 ' -5� 2. He held a meeting with Mayor Acker and Chief McKinney and then held .a meeting with his Department last night. He believes there will be a definite change for the better in the manner in which the Police Department has been conducted. 39 He presented a letter of resignation from Marion Finch. Councilman Corley wanted to know whether Finch was asked to resign and Chairman Prebish replied that it was a voluntary resignation. Chairman Prebish recommended that they hire a white policeman to patrol the heavy traffic: areas on the motor cycle. He stated the colored area is in good condition and he would like to see another men down there if possible but feels that patrolling is more necessary at the present "time. Following discussion, Councilman Gresham, seconded by Councilman Andrews, moved that they accept the Finch resignation. W. S. Boyden talked about the rumors around town. Councilman Carballo urged they follow Mr. Boydeds suggestion that representatives from the colored section be asked regarding the need for two colored police. Preacher Murray stated the man had been asked to resign and that he had advised. "him to resign, but he asked that Finch be replaced by another police. Preacher Dukes verified Murray's statement and added that he would appreciate it very much if they could see their way to raplace Finch. Councilman Andrews suggested asking the colored people for a recommendation regarding Finch's work and Preacher Murray asked that they give him a chance to get a petition and it would show who is kicking and vdio is for Finch. Councilman Prebish stated that he was very much in favor of two colored policemen and would like three weeks to study the matter. Councilman Andrews, seconded by Councilman Carballo, moved that the previous motion be tabled. (Acceptance of resignation.) Following discussion on a call of a vote the motion (to table the previous motion) was carried by poll as follows Corley yes Carballo yes Andrews yes Gresham No Prebish No Van Dusan Yes W. S. Boyden brought up the question of protection for school children at the two main intersections of toi and suggested that there might be some people in town who would welcome the opportunity to work a few hours each day. Councilman Prebish stated that the matter had been discussed at a. meeting and suggested that names be submitted* President Van Dusan said they would try to see what can be done about getting someone willing to work for "cigar money." Mayor Acker brought up the question 'of the bid of Highway Motors stating that a Resolution had been passed authorising the drawing of a contract with this station. At that time the City had no Attorney, and he wanted to know whether it was still necessary to draw (a contract or let it goon a month -to -month basis. Councilman Andrews stated this was effective only until December 31st., and suggested letting_ Highway Motors continue on the present basis and think about advertising for the next six months. Councilman Andrews, seconded by Councilman Greshom, moved that the Council pro coed to December 310 1949 with the verbal agreement with Highway Motors as in the past without drawing up an additional contract. Motion carried. In the matter of changing the order of business, Attorney Ruff stated that this can be done on motion of the majority. Councilman Andrews, seconded by Councilman Carballo, moved that the City Attorney be instructed to draw a Resolution setting up the schedule of the order of business ` as listed in the minutes of November lst. Motion carried* 1 / 1 &. /t The matter of the bond by William Segal: was explained by Attorney Ruff. Councilma n Andrews questioned the manner of enforcing the bond. Councilman Prebish suggested a restrictive covenant in the deed reverting to a R -1 use if Mr. Segal fails to maintain the park area. Attorney Ruff believed this a practical solution and stated it was a question of re- writing the waiver to that affect. Attorney Ruff was to contact Mr. Segal for his approval prior to making the change. Regarding the water puddles in front of the Post Office, President Van Dusan reported that the County will provide a "soak pit" near the Post Office at no expense to the city. Councilman Carballo raised the question of putting the water line in at the same time, and it was agreed that Councilmen Gresham and Carballo work together on this. Under new business, President Van Dusan brought up the matter of taxes in South Miami. Councilman Prebish replied that there had been no complaints at the Equalization Board. In the matter of 'parking meters, Mr. Boyden raised the question of the City's boundary on Red Road, which by charter is set on the west side of Red Road from Bisd to Sunset, and asked whether it would be advisable to place meters there whether it would ;riot be encroaching on private property The matter of the omission of South 'Miami , from the latest Greater Miami Directory was 'brought up and Councilman Andrews, seconded by Councilman Carballo, moved, that the 1949 Directory be returned to Polk and Company and the amount of the bill be denied. Motion carried. Councilman Carballo referred to a letter from the Post Office requesting, street` markers and Councilman Gresham reported that he was taking care of that. President Van Dusan suggested for future new business consideration of changing names of all streets in South Miami to some kind of logical sequence. Attorney Ruff suggested conforming with County numbering. Councilman Gresham brought up the need for a re- survey of all the streets in the colored section and the need for a city engineer. Councilman Andrews, seconded by Councilman Corley, moved that they contact Harry Schwebke and see under what condition he would serve as city engineer. Mayor Acker called attention to the fact that on the maps Mr. Schwebke did not do any engineering but merely ;copied plats, and got someone closer by who 'did the work. Motion carried.; Attorney Ruff recommended William Sydow • as a capable engineer. Councilmen Andrews suggested that a committee be appointed to make a study of the possibility of squaring up or bringing in additional areas into the city. It was brought out that the old committee on this consisted of Mayor Acker, Councilman Prebish and Attorney Ruff. Mayor Acker suggested preparing legislation for the next legislature. Councilman Andrews stated that there should be a committee to carry on regardless of a change in administration, that there should be at least cam lay members. President' Van Dusan named P. A. Tripp and W. S. Boyden to work with Mayor Acker, Councilman Prebish and Attorney Ruff as a committee to square up the oity. The following bills were submitted for approval and payments x f.