1950-01-03 MINUTES OF CITY COUNCIL MTG0
n
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF SOUTH MIAItI HELD 'TUESDAY EVENING
JAITUARY 3, A.D. 1950, AT THE COBEIUNI'TY
BUILDING AT S:OO P -M.
The meeting was called to order by Presdont'Van Dason with Councilmen Corley,
Preble, Carballo, Prebish, Gresham, Van; Dusen and Attorney Ruff responding to
roll call.
Mayor Acker and Councilman Andrews joined the meeting during the reading of
the minutes of the regular meeting of December 20, A.D. 1949.
Following corrections called for on pages 1,4 and 5 the minutes were approved'
as corrected.
PETITIONS & COWUNICATIONS: In response to a request by John Ravlin for written...
approval on the proposed plat of the TRD Holding Company,; the letter that had /
been prepared was read and O.K.'d by the Council.
A letter from the S. M. District Chamber of Commerce was :merely a copy of a
letter to the City Clerk regarding the proposed traffic light and had already
been taken up at the last tinieeting. 1
The application of Robert Lewis for a beer &'wine license was referred to the
Zoning Board for action in accordance 'with action taken at the last Council
meeting. At this point a short recess was declared to enable the bus franchise
committee to line up its report.
UNFINISHED BUSINESS: On the Groover tax adjustment Chairman Preble stated
the committee has no report as yet.
�.� On the Christensen tool shed, Councilman Andrews called on Inspector Carrington
who stated he had not been in it but knows that the permit had been issued for
a -tool shed and work shop and he had given him the right to put in two plumbing
fixtures at the time. Mr. Canington stated that he understands Mr. Christensen
came in sometime this year for a- permit for four fixtures but knows nothing
about that, as he was never asked to inspect them. Councilman Andrews stated
that Mr. Christensen claims by virtue of the issuance of this permit for add-
itional fixtures he was given -the right to 'use the unit as dwelling quarters,
but Councilman Andrews questions these points.
Mayor Acker questioned whether the temporary permit' included the right to turn
on the neon light in the front yard, which was on the next night
Councilman Andrews stated that temporary permission had been granted for the
renting of rooms and in conjunction with those rentals, ere Christensen asked
vAtother he could resume using the light„ but described as 'a small light set
into a wind w.
Councilman Carballo quoted the following from his notes; "Permit Per five
rooms and the light O.X.td, except tool shod."
President Van Duson ruled the li�)rt O.F. but directed checkin- with the Ci*y
httoi-noy on the tool shed.
On the Sonny atolton msttor, Chief tcXinnoy atatod °Pita than ,aw, to come back
but ho has neu soon hint so beliovas the idoa ras droppod.
On the liquor Ordinance,, Councilman Prabish stated lie kad dina4saod it yrith
tho City Attorney, bur4 v oftld liko to carry it oror -:e tho trot: tibl ing
r y ,
Page -2
Regarding the Robert's Company trailer, Inspector Canington stated that the;
Robert's Company is still working and using the traib r for a field office.
Councilman Andrews expressed belief that it might be a violation and suggested
. .-
Inspector Canington ask Mr. Roberts to present a petition to the ,Council
for this use.
Councilman Preble, seconded by Councilman Gresham moved that the December lst.
bill of the South Iaiiami Atlantic Service Station for p3604 be paid. -
In the discussion, Councilman Corley stated they had paid $6.00 for garbage
service. Mayor Acker said that the City Attorney shAd Uhe City had no al-
ternative except to accept current fees, and if it felt a back tax still due,
proceedings must be entered into and that he had acted on authority of the
City Attorney in accepting the 'payment made.
Councilman Ar_drews stated his reason for asking the bill- removed from the list
because the City had a contract w.i.th another_ station and had nothing to do with
garbage.
President Van Dusen stated that sometimes they must get gas during the night
when the other station is closed.
On a call for a vote, the motion was . carried by poll as follows:
Andreas yes Gresham yes Prebish yes Van Dusen yes Carballo yes, because'
debt contracted in name of the City, but not future bills contracted without
proper authorization, Preble yes Corley yes
BUSINESS: The
IJDVi _. following proclamation by Mayor Acker was read:
Id ,&YOR' S PRO CIjiMATI01J
111hereas, in His Infinite Wisdom Almighty God has seen fit to -bake from
us our beloved friend, Charles T• Fuchs, Jr., and
IfiH REAS, his passing is a shock, to our community and a loss of a, great
civic leader, and
1VHEREAS, this lose will be felt not only within the boundaries of the
City of South Miami but throughout Dade County as well, and
WHEREAS, as a man he labored in harmony with his neighbors and ',follow
citizens, and used his abilities to help build his community, and
�d ?i'RW, the manner 4n yPt:ich he served his community encouraged the
efforts of others and his counsollin- aided them in their problems, thereby
reflecting the esteemed quality of his manhood, and '
)NEMCAS -, he served his cormnunity and his ; fri.orids-- n,s-- Pre-.1-dent of the
South Miami District Chamber of Cormwrce and of the South 11ismi':University of
Miami Relations Hoard, as Directiop of the Miami Rotary Club and of the South
Igiand Riding Club (of which he was a Past President,), as Chairman of a Shelter
Committee of the American Red Cross, and as u member of the Scottieh Rite
Temple, Mahi Shrine, tlks' Club, Rod and Real Club and American Logion,
NMI, THIER FORE, I, CLAYTO,! W. J:CIfF;R, 11YOR Oz' UT, CITY OP SOUTH1,119,11 , FLORIDA
;.�ii�HY PROCyAI25,t
That in the paswinl of Charles It lUchs, Jr., :youth Miami has s'uufferod •the
loss of a progressive and loyal friend and w6zi:er v&oso influeace vlas ever
exortod in the cause of Progress, Ri5.ht and Betterment of hi4 llow than and
coaumua�ty • -a°
Page -3+
That in tribute to his munory the City Hall be closed between the hours"
of 3:00, and 4:00 P.1%, Tuesday, January 3, 1950.
That this Proclamation be spread upon the minutes of the Council of the
.. City of South Miami in his memory and a copy sent to his family as an ex
prossion of our sympathy and sincere condolence.
GIUEi, UNDEM, Iv1Y' HIND AND THE OF MEAL SEAL of the City of youth Miami
Plorida, this ;3rd. day of January, A.D. 1950.
(Signed) Clayton ',iv. Acker, Mayor
Councilman Andrews called attention to a Wfiirligig, item in the evenincs NYWS
regarding the City's water question, stating; he thought the water question'
settled and the purpose of the Water Board was to deal With Consumer's
'Hater Company for further development and asked whether he is in error or is
the paper wrong. Mayor Acker said he did not know v eke the paper got its
information, but definitely not from any member of the Water Board, which
been orking vrith Consumer's r "later Company to provide an adequate water
system.''
They have had at least half a dozen meetings and are working in a
very thoro manner, from the tone of correspondence it is accepted at the
other end gratefully, and considered efficient. The Board will bold out for
an adequate system but work with the franchise.
Councilman Carballo discussed a fire well at 'Sunset and lst. Avenue which the
City may lose because it is on private property on Vehich a deal is pending,;
and is one of the main wells for that area. Consumer's Water Company had
presented a plan for extension on Sunset which would include two hydrants and
the plan had been sent to: the hater Board. He urged this body and the Vi[ater
Board to consider the plan carefully because he doesn't wish to take the
") risk of running a fire department without water, if they lose the well in
question he wants the Council to take action to permit the water line to be
extended.
Mayor Acker stated the 1i'ater Board has not stopped them but wants to study the
matter because Consumer''s Water Company proposed an 8 inch main to tie into
a 6 inch main coming from COCOPLU 1 PL ,A and it was a question of where water
for an 8 inch main is to come from. The franchise calls for a water distribution
system and not a piece meal installation.
rrY chilman Carballo stated he also has plans for hydrants on North 2nd. Road,,
yard much needed protection and also the houses
in the colored section. Councilman Andrews suggested Councilman Carballo
present the matter to the Water Board. Then if he gets objection, b ring it
before the Council.
President Tan Dusen advised Councilman Carballo to take his matter up with
the Water Board and regarding the article in the NI MS he asked Councilman
Andrews to take this up with Louise Blanchard of the PiEVIS.
Councilman Androws said he was not concerned With the article, merely wanted
-to know the status of the Water Hoard's activities,'
SANITATION. Chairman Corley stated he mould have his quarterly report for the
next mooting. Regarding brinf inU account, into court, he suggested -W ivi g
6.1'1 and ]et them start paying now. In the course of discussion, Councilman
Probizh said the Supremo Court ruled t:to collection of -,orvice take,, such as
garbage or utilitieo was constitutional and did not abrO, ate the constitUtiolial
rights of any eitizono but still; does nob t,ivo the City the right to collect
for anything etcept for service given.
Page -4
Councilman Andrews stated the Ordinance,.v,.s pporly dravi;, one of the changes
that should be made in the Charter is to make that tax_ mandatary. As a
mandatory tax, when 'the delinquents are brought beforc the 'judge, he is bound
to enforce the 'law. The lair now is not mandatory and therefore the judge
F`*c cannot force them to pay.
President Van Duseu pointed out that under the present budget they cannot
condider dropping the entire tax as urged by Chairman Corley.
Councilmen Carballo said that in October, Councilman Corey presanted an
Ordinance given i;o. 192, but it was never acted on, and he will wait until
aftor tomorrow *s e7oction. If the electorate does not decide to 'amend
the Charter, thon he 3Yi ll bring up this Ordinance.
PIRE:'Chairman Carballo presented a complete quarterly report giving details
on 29 alarms, 81 fire permits, 37 dynandt, e permits, status of 35 fire wells
purchase and repair of equipment and expenditures to date. These did not
include the December purchases (which wera.to be ap1)roved for payment at
this meeting.) - -
President Van Dasen stated he would like a complete xinancial report by
the next meeting.
Leo G1aso1 wanted to know vdZxt the Charter provides for in financial reports.
". Councilman Carballb stated :the code under which they operate states all com-
mitteemen shall make q uarterly reports.. President Van Duson asked the .City'
Attorney to check• '
POLICE: Chairman Prebish reported that henry Roberts had satisfactorily com-
°r pleted his probationary period December 15th. Chairman Prebish, seconded by
Councilman Preble, moved that the pay -of Henry Roberts be increased to 411$0.00
per month as of December 16th. Councilman Andrews asked vhether the check`
had been written, but Councilman Prebish stated the December 31st. check had
been issued on the old basis. Mot on carried by poll as follows:
Corley yes Preble yes Carballo yes 'Jan Dusen yes Prebish yes Gresham ye
Andrews yes
Chairman Prebish brought up the matter of a white and a colored policeman to be
appointed as of January 1st. He reported an application from Eugene Faxson,
(who had written each Councilman separately) and presented applications from
Richard A. Shine, Jr., William H. Proctor, L. A. Chase and W. A. Pressley, Jr
all of whom he had checked with Chief McKinney and believes it is between
W. A. Pressley, Jr. and Richard A. Shine, Jr.
Following' lengthy discussion, Councilman Andrews, seconded by Chairman Prebish
moved that 71. A. Pressley, Jr. be appointed at the usual starting salary of
$155.00 per month and uniforms as; police officer beginning January 4th. for a
probationary period of three months. Councilman Problo asked how about road-
ing the application of Eugene Paxson, and after further discussion, the Paxson "
letter was road.
Following discussion, in which Councilrinn Carballo said he does not boliove
the City needs any rroro rolico but to meko the present police work, that the
present police dopartment i3' not workinG, aid Chief t cYinney's ropdre, regarding
the finger print matter, that they tried to get the Garin Gables Foliee to mnko
them but both the Gabl os and 3hori :W s man said thoy soul;: not lift fin or prir*s
from wood and at th t lata dato, on a call for a voter on the motion (to appoin
P.-rosoldy)s it was carried by poll ad rollbW3:
Page - 5
Corley no Preble._ no Carballo no Prebish yes Gresham yes tindrews yes
Van Dusen yes
For the colored officer, Chairman Prebish presented applications of JinaMJ
Whitfield and James E. Smith, recommendin g "Whitfield as best
qualified. He
also stated Marion Finch would like to ,come back and would be willing to work
under Chief McKinney said Finch called him, giving him the same con-
versation as •to Chairman probish, and asked if he would recommend him to come
back. Chief McKinney said he would not want to make a recommendation but
would have no objection to having im back on the job.,
S
Following a review of the Finch case, Councilman Gresham seconded by Councilman
Preble .J ,moved that Jinmiy Whitfield be appointed as a colored policeman to take
effect January 16th. subject to his character references and personal references
submitted to the Police Chairman and Mayor,,at the usual starting salary of
$155.00 and uniforms for a probationary period of three months
Councilman Andrews, on the Finch: resignation, said unless Mayor Acker tcares
to bring up his reasons for Finch's resignation, he should be re- appointed.
Ralph Coker said Finch is a good, police officer, but he would have been killed
had he been kept on.
Chairman Prebish stated 11hitfield is not as well qualified as Finch and he
would lilac to see Finch re- appointed.
On a call for vote, the motion (to apnointj'Whitfield7vras lost by poll as
follows
Andrews ....0 °1
Corley yes Preble yes Carballo no Prebish no Gre ut
; ,
shem,[Van Dusen no
,J1
Councilman Andrews seconded by Councilman Carballo moved that Marion Finch
be appointed as second Negro Policeman effective January 3rd. subject to the
usual starting, salary .155.00 par month, uniforms and period of probation.
A. J. Robozo suggested accepting the Police Chairman's recommendation.
Motion carried by poll as follows;
Corley o Preble no
y Carballo yes Prebish yes Gresham no Andrews yes Van -Dusan yes
STREETS & PARKS: Chairman Gresham had no report at this time.
BUI
o£ LDING Chairman Andrews brought up the matter of violations and exorcising
of noes and stated Electrical Inspector Garmnage was the only person try-
ing to uphold lays and is therefor constantly being "shot "uat. He has no re-
port because of these conditions.
Councilman Carballo in re': moving to Community G Building for Council meeetin s r
said he had been appointed to see about havin g it read and brought up the
matter of changed wiring; and enlarged stage, done by the Curtain Calle rs.
Inspector Gammago reported he was only trying to live up the the Ordinance en-
acted in 1939, that the olectric service in the Community Building is unsafe•
Chairman Andrews suggested asking the City Attorney to prepare a form to be
Tiled and signed by users of the building to prevent their Puking any changes
within the building Without l:orm ssion.
c,
Page -6
114"S. Boyden' suggested posting a, goad faith bond.
The City Attorney tivas instructed -be prepare such a form,
Councilman Andrews, seconded by Councilman Probish moved that Ordinance 197,
Motion P , e placed on first readinb in its entirety.
ncarriredch follovrs b
ORDINANCE 110. 197
AN ORDINANCE GRANTING TO SOUTH MIpxj COACH LINE, INC., A FLORIDA
CORPORATION, AND TO ITS SUCCESSORS AND ASSIGiiS`, TIE RIGHT TO USE ALL
STREETS, AVENUES .21D OTHE[i .PUBLIC ;HIGHWAYS IN THE CITY OF SOU I MIMLI
1,0R ,AND DURING A PERIOD OF TEN (10) YEARS FOR jjjE PURPOSE OF ESTABLISH-
ING, OPERATING AND M- PLINTAINIhG A 13US SYSTIM! FOR TWTSPORTING PASSENGERS
FOR COitPEWSATION IN CONTFORMITY ivI`j AND SUBJECT TO ALL.PROZrISI01d5,
TERMS AND CONDITIONS Hf1aBIN RECITED.
Following the reading of Ordinance No. 197 in its entirety a separate agreement
was Presented which tivas an option to the City or its nominee for purchase of
the Coach Line. This would make it impossible for, the Coach Line to sell the
fre.hchise or its name to any other person or group. Attorney Ruff explained
that this option is contingent upon the franchise being granted.
W. S. Boyden raised the question of public hearings before granting the franchise,
stating this had been promised at former. meetings.
He raised these questions:
1. No provision of special fares for children.
2. Why is the excise tax specially worded, "to and from South Miami,"
what about in South blliami:
3. Penalty for overloading. This should be a cash penalty rather than
taking the franchise away.
Councilman Preble, Chairman of that committee, suggested that the committee
Pall A special meeting for a public hearing.
President Van Dusen directed the committee to call a public hearing between
now <and the next regular Council meeting.
January 10th, was set as the date for a public k,earing on the bus- franchise,
at the Community BuildinG, to be hdld by the Special Committee, and to be
given all possible publicity.
On "the Housing Board, Mayor Acker made the foll,ovring appointments
C. re Foyle - Clyde Shafer Mred Acker - .John Ruff
Ho agreed to present the nPM6 of the 5th. mombor at the next regular mooting,
after askin„ whether it had to be a South Miami resident. It =5 agreed a
eonpotont man s7ould not necessarily need to live within the City.
APPMMTS, RTC.: In connection with tho pending ale ation the Board had failed
to name--a deputy and Councilman Proble, seconded by Councilman Androva, moved
that to L. Thompxon be appoihtod as
(notion carriod. ,"puty for the eldctien on January 4, YCSb.
4 -d
Page -7
On the manor of quarterly reports, Attorney Ruff stated this shows a revision
of the Charter 'is needed, because under
the Code (Sec. 14) each committeeman
is to report once every 3 months, but
the Code is superceded by the Charter'
which has one provision that any such
reports are to be made quarterly at
the direction of the mayor.
President Van Dusan that Mayor Acker request committee reports for the
,asked
next meeting.
The following bills were presented for
'approval and payment as of December 31st.
ACCOUTS PAYABLE.
-- DECEMBE'. 31, 1949
Bailey's Lumber Yards
6.25& glass, brush & materials
Brewer & Co. of Florida
329501, redi -mix
Bis cayne 'Engineering < Company
5.14 z 6 maps
Cauley & Martin, Inca
17.79,�Ins. Preen. -San.
Central press, Inc.
40.00: 500 car insp. stickers
T. R. Crockett
10.36 ., ice'
Denning's Inc. (gross);
117.03 ::hdwe. supplies, motor
Dorn- Martin Drug Company
1.57 1st. aid supplies
Foster Printing Company
45.00 printing - police & bldg.
Franklin Press, Inc.
19.00" ballot machine strip
Fla. League of Municipalities
30.00" 1950 dues
R. C. Gammage
201.40; Electrical inspections,
Gulf Oil 'Corp.
13.86 110 gal. fuel oil
Hall Paving Company
96.00 bull dozing job at pit
Highway Motor Service (gross)
490.30h Dec. gas, oil, repairs °
Holsum Lunch
70.00; Prisonerh' meals
Husksmp Motors
29.51v auto repairs
Long Office Supply (gross),
4.35 =, office supplies
Miller Millwork & Cabinet Co.
7.50, Millwork
Miami Herald
19.25" Legal notice - oleo.
City of Miami
50.00 Police radio
A. C. McGarey
6.00 , Dec. transfer service
Petty Cash
23.22 per itemized list
John Ruff
126.60° legal services
Rae's Stationery
7.30; rubber stamps, pads
Skagseth Stationery Co.,i. Inc.
2.40 office supplies
South Miami Atlantic Service (gross)
12.20.. gas, oil
South Miami Journal
19.59 ° legal notices, oleo.:
Turner Bros. & Co.
5.04 soap's, paint brush
Williams Printing Co.
3.05 rubber stamp
Totaling
1,512.21 payable out of GENEP.AL FUND
Belcher Oil Co•
302.75 road oil H -15'
Oolite Rock Co,
323985 pit rock H -15
Miami Crushed 'Stone Co.
81.60; pea rock. H -15
Totaling
TU59 2U payable out of RESERVE MID
PETTY CASH ITEMS
* ** DECEMBER 19
Box runt C -3 1.00
Scotch tape 015
Gas allowance 5000 C -6 5815'
C 6015:
Stamps
3-5 9100
.twos
Adv. Zoning Bd. 2.07
Stamps
Postage Rof'. 6.00
23.22