1950-08- MINUTES OF ADJOURNED CITY COUNCIL MTGMINUTES OF THE ADJOURNED REGULAR MEETING OF
THE CITY COUNCIL OF SOUTH MIAMI HELD TUESDAY
EVENING, AUGUST 22 A.D. '1950 AT THE COMMUNITY
BUILDING AT 8:00 :P.M.;
The meeting was called to order by President Prebish, with Mayor Acker, Attorney Ruff`
and Councilmen
Corley, Carballo, Gresham and Probish responding to roll calla
In order to assure the payment of bills scheduled for the August 15th: meeting as the
last matter on the agonde, President Prebish asked whether there be any objections to
take that matter of business up first.
Councilman Carballo stated that is a'point of order, that at the time the meeting was
stopped he had the floor.
President Prebish ruled that out of order, and asked the Clerk to read the bills*
Councilman Carballo objected. f,
W. S. C. Boyden entered the discussion.
Attorney Ruff ruled that the chairman has the right to limit discussion if he wants to
expedite the meeting.
The bBgilltts under disou sion were as follows:
PiulmQr9 ham ow bervice 4J. 0 ' transom gla�s
ur-Vue ;Products Corp. �0 " Lenr on je cusses
I� 112 ,,DO , windows, screens, Liullions
Elva Baker •
5.50 -1 .garbage tax refund
City of Miami 50.00' Radio service, August
Florida Power & Light. Co. 303.53 Street lights, .August
A Ct McOarey 7.35 ,trensfer service, August C'
Curtis E.:. Ogden 16.50' labor on ,jalousies �r
John Ruff 125.00" legal services, July
Totaling payable out of GENERAL IUND
Councilman Gresham., seconded by Councilman Corley„ moved that the bills be paid as read.
`
Motion carried by poll, as follows:
Corley yes Carballo no, because the procedure is illegal, the bills should be as called
for on the agenda. , Gresham yes IPrebish yes
The next matter was the third and final reading of Ordinance No. 217, caption of which
follows, and Councilman Gresham, seconded by Councilmen Corley, moved that Ordinance No. 217
be placed on third and final reading in its entirety
ORDINANCE 'NO. 217
All ORDINANCE 1)(ING ME ITILLAGE TO BE LEVIED FOR
THE 85GESSTJIL,JT OF TAiiES IDR GE11ERAL MUNICIPAL OPERATING
PURPOSES TOR T.14 YEAR 1950, AND PROVIDING FOR THE
LEVYING AND COLLECTION OF SatiIE.
Councilman Carballo stated there is plenty of discussion, that he 'eras asked to prepare
for tonijit an ordinance or resolution regarding a point brought up that showed the
budget not properly stated, that thcry will havo an excess of $30,000.00 on hand, that
he proposed the proposition of Councilman Androvis that the tax for garbage service be
abolished.
Page - -2
He has no objection to the millage. Since the budget as prepared does not give proper
figures, therefore abolish the garbage tax for the year 1950 -51 and instruct the City
ci attorney to prepare an ordinance or resolution amending Sec. 5 and 6 of Ord. 174 to
readt That the garbage tax for the year from July 1, 19,50 to June 30, 1951 be not
collected and that the costs of the collection and disposal of garbage be defrayed from
the cigarette tax money and other income of the City.
On a call for the vote, the motion to read Ordinance- J--217 in its entirety, on third and
final reading, was 'carried, with one negative vote.
President Prebish read Ordinance No. 217 in its-entirety.
Councilmen Gresham, seconded by Councilman Corley, moved that Ordinance No. 217 be
adopted as read.
Councilman Carballo stated if they went to railroad the thing, get it over with.
Motion carried by poll, as follows:
Corley yes Carballo no Gresham yes Prebish yes
Councilman Corley stated he still is of the same opinion as CouncilW Andrews and Carballo
of using the cigarette tax and dropping the garbage fee.
Councilman Corley moved that the cigarette tax for 1950 -51 be used to defray department
of sanitation expense and become effective July 1, 1950 and end June 30, 1951. Motion
died for lack of a second.
Councilman Carballo seconded by Councilman Corley, moved that the cigarette tax collected
from Noverber 1949 to June` 30, 1950, approximately ;'22,000, be used in accordance with
' Section 210 of Florida Statutes, for the collection of garbage and that, the City Attorney,
be instructed to prepare an ordinance amending Sections 5 and 6 of Ordinance +174 to read
that the fees now collected for the collection of garbage be discontinued from July 1, 1950
to June 30, 1951.
Councilman Gresham asked if there is enough money to carry end what about money paid in
advan ce?
Councilman Carballo stated, "Give them 'credit."
Mayor Acker stated the budget was adopted with an anticipation of collection from garbage
fees. He urged the Council to consider this motion thoroughly before voting on it.
Councilman Carballo stated the motion is not depleting the City finances. Money on hand ;
from Ilovember 1949 to June 30 is over $160000 '(he gave exact amount) per the audit, plus
the May collection of $3,156.19 and the June collection on which he has not yet gotten
the figuree This must all be used per section 210.10.
Councilman Corley asked Mayor Acker if he know of a better vray of giving this money back
to the people.
Mayor Acker replied the cigarette tax was never intended to give back money except thru
lowering of the advalorem tax.
Mr. Boyden raised the question of losing the money if not 'used, that they need a strong
committee to loot: into the whole mattor, it stinks.
Mr. Fritz stated they must allooate the money by October 1st. My not ask the people?
Page - -3`
Mr. Glasel stated he wants to endorse Mr. Fritz 100% but in addition cannot conceive for
one moment that the people., citizens, tax payers, of South Miami have allowed themselves'
to be befuddled by a dishonest budget, or why that was perpetrated on the citizens. It
is a dishonest: budget, dishonest amounts as to anticipated revenues, etc.
Carl Gluck asked what the $22,000 could be spent for in the next 6 weeks.
Mayor Acker stated that at least '2 months ago a motion was made to earmark it for a fire
and police station and City Hall, that it could be used for that, the precedent was set
in hest Miami.
P E. Jacobs suggested circulating a petition among the citizens vrhether they want the
City Hall, fire and police station or do away with the garbage tax.
Mr. Fritz offered the services of the South Miami Civic League in circulating'; petitions'.
The expected income as set up has already been criticized. He suggested the council
request from the Mayor a tfue bill of expeoted expenditures and ;income as of June 30th.
and that the :Council re- oonsider the entire picture from a true bill.
Following further discussion, Councilman Carballo stated they are getting away from the
subject,, shall they abolish the garbage tax for the ensuing year or not.
Following further discussion re: circulating a petition as suggested, the motion (to use
the Cigarette Tax Money already collected) for the garbage service and instructing the
City Attorney to drew up the necessary ordinance)was carried by poll as follows•
Corley yes Carballo yes Gresham no Prebish yes
In the discussion re=' the suggestion that the Mayor make a new estimate as of June 30th.
on figures, Mr. Fritz stated he would have to take the part of the Council, that the
figures of previous years were read at prior 1hear ings.
President Prebsh stated the complaint is on anticipated income- and not on expenditures.
Councilman Carballo accused Mayor Acker of violating his oath of office.
Councilman Gresham tilled for a point of order.
Councilmen Carballo stated that the Mayor had connived with the help of that man (meaning,
Attorney Ruff) and the police department to convict him.
Councilman Gresham stated he was willing to stay as long as necessary to conduct City
business, but asked to be excused from these arguments. Pr sident Prebish excused him
from the meeting, at 9 :50, which loft the meeting without a uorum, resulting in ad-
journments
`1
t
dsident City jCounci_
ATTFST