1950-09-19 MINUTES OF CITY COUNCIL MTGMINUTES OF THE 'REGULAR MEETI1iG OF THE
CITY COUNCIL OF SOUTH MIAMI HELD TUESDAY
EVENII -Z, SEPTEMBER 190 A.D. 1950 AT THE
COMMUNITY 'BUILDING AT 8 :00 P.1f
The meetin g was called to order by President Prebish, with all members of the Council,
„Attorney Ruff and Mayor Acker responding to roll call.
Minutes of the regular meeting of September 5th. and of the adjourned meeting of Sept-
ember 12th. were read and respectively approved as read.
PETITIONS AND COMr'lIMI'CATIONSz
Presidentr Probish read the resignation of Councilman Ce Raymond Van Dusen, tendered
because he has moved wway -from South Miami.
Following discussion, Councilman Gresham, seconded by Councilman Andreas, moved that
Resolution No. 365 be read. Motion carried.
RE,SOLUlION NO. 355
A RESOLUTION ACCEPTING THE RESIGNATION OF
C. RAYMOND VAId DUSEId AS A MEMBER OF THE
CITY COUILCIL OF SOUTH MIAMI.
WHEREAS, Section 6 of the Charter of the City of South Miami (Sec. 4a Charter
Amendments) Amendments) specifies that members of the City Council shall have the.qualifications'
of electors therein, and
WEIEREAS, C. Raymond Van Dusen has this day submitted his resignation as a
member of the City Council because he has sold his home in South Illiam and taken up
residen?be out the City, thereby disqualifying h mself`as an elector in the said
City of South Miami, and as a member of the City Council,
R4IAuiI : NUff, T1 M- MRE', DE Pr RESOLVED BY THE MAYOR FIND THE CITY COUNCIL OF SOUTH
1.
accepted 'That the resignation of the said 0. Raymond Van Dusen be and the same is hereby
2. That a vote of thanks be given the said C Raymond Van Duson for the services
he has rendered to this community during; the tentum of his office as 'a member of' the
City Council and President thereof.
Councilman Carballo, seconded by Councilman Andreas, moved that Resolution 210. 355 be a
dopted as read. Li`otion carried„ and Dr. Van Dusen left the meeting with the best vrishe6
of all present.
Councilman Andrews referred to the article in the MIAMI DAILY NEWS, regarding this re-
signation, and asked that the follm-ring Resolution be read.
RESOLUTION' 110. 356
A RESOLUTI0I1 APPOIi1TINv A. J. REB03O TO THE
CITY COU`11CIL 01. SOUTH I,TIAMI,, PWRIDA, TO
TILL im VACAncY CREATED BY Tip RESIGri moil
OF C 11AY11)r1 D VAI1 DUSLn1.
Page--2
BE It RESOLVED BY THE CITY COUNCIL AND THE I,U1YOR OF THE CITY OF SOUTH MIJUU, FLORIDA: "
videsifori�oEAS, the Cityo a member Charter
t the City of South Miards ;Florida, as amended, pro-
vides Council to fill the vacancy created by
the resignation of a city councilman,. and
2. WHEREAS C. Raymond Vn Dusen of the city council of the City of South It ami,
Florida ' has tendered his resignation as City Councilman of the City of South I1isni,
Florida, and
3. *'HLH EL4, it is the expression of the majority of the Council that A. J. P�)BOZO
should be appointed to fill said vacancy,
. , B RESOLVED BY TIME MAYOR AND CITY COUNCIL OF SOUTH Ii I�►InI, `pwRIDA,
NOW, TI?ERE�RE y E I T
That A. J. Rebozo is hereby appointed by the City Council to fill the vacancy 'created
by the resignation of C. Raymond ;Tan Dusen, councilman, said term of office to run for
the unexpired, term of the said C. Raymond Van Dusen.
✓ Councilman Andrews, seconded by Councilmen Corley, moved that Resolution No. 356 be adop °bed
as read.;
Following discussion, Councilman `Gresham, seconded by Councilman Preble, moved that the
matter be tabled at least until the neat meeting to give them a chance give it some
thought. Motion lost by poll, as follows.
Corley no Preble yes Carballo no Gresham yes Andrews no Probish no
Following further discussion, on a call for vote- on the original, motion, it wq. s carried'
7:
by poll, as follows:
Corley yes Preble yes Carballo yes Gresham, yes Andrews yes Probish yes
Janes H McConnell, of the 'Water Board,, presented a marked map of the City showing the
proposed locations of fire 'hydrants and submitted a written report stating that approxi
tely 24 fire hydronts will be needed for installation on mains presently installed
and to be installed between September 1950 and June 30, 1951.
Prbsident Probish, re: hydrants that Consumers Wa'tor Co has asked if they would meet
the roduirements.
Mr. McConnell stated they would be suitable with an adapter. There are 2 typos of valves.
Councilman Carballo stated the bid has to be written so that the hydrants will meet
specifications of the area, and Councilman Andrews suggested that advertisement should
be for hydrants ready to use with our equipment.
Councilman Carballo sugfestOd that they should be advertisod so manufacturers can come
into the picture.
Councilman Gresham, seconded by Councilman Carballo, moved that bids be reluosted for
25 fire Hydrants accorditG to dotai]e d specifications togother r th all necessary valves.
.,lotion, carried.
ISr. TcConnell asked that a definite arran,oment be made bet�,roon tho City cnd Consumers
fix + Wator Company rogardinG these hydrants.
It Was a,;rood that tl:o dator Corru, 0,idd (collsijting of iJ.ayor Acker and Council ton Carballo
and Creshata) prepare the bid
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ZONING BOARD RBCOi; :212IDATIO
The followi.n; recom=ndation regarding bus benches ^ras submitted by the Advisory
Zoning Board:
"The request of Bus ;Benches, Inc. and James & Bro.'to be permitted to place their
advertisement carrying benches in the City of South Miami has been referred to this Board.
It is reeomfmnde'd that the applicants be given a license to operate in this' City`
and that an ordinance be,drFLYm regarding such operation incorporating the following points:
1. That the location of each bench bo ;approved. Preferably by Polies Department.
2. That the location of benches be limited to legitimate bus stops in commercial
areas.
3. That the applicants be required to carry adequate public liability insurance. '
4 That the benches conform •to approved specifications.
5. That the licensee fee be set by the Council.
6. That a small permit fee be required on each bench as a regulatory' matter .1
There was also a letter from Bus Benches, Inc. with reference to their policy.
Following discussion, Councilman Gresham, seconded by Councilman Carballo, moved they
accept the recommendation of the Advisory Zoning Board except to strike the last 3 words
from item and that the CLty`Attorney be instructed to draw an ordinance to incorporate
these recommendations and that license fees and permit fee for benches be set by the
Council.
Lotion 'carried.
A short recess was declared at this point and business resumed at 10:35 P.Y.
A. J. R'ebozo was sworn in by Mayor Acker at this tim.
James Bodeker presented an oral request for Sunday hours for his pool room, stating he
is now operating Mondays thru aturdays, from 12:00 Noon to 12:.00 I+'Ilidnight
Section 66 of Ord. #1 was read, prohibiting the opening of a pool or bihiard room to the
public on a Sunday.
There was a discussion on. pool halls vs. boviling alleyn, and Biayor Acker called attention
to the fact that the State Law prohibit' anyone under 21 years of ago entering or play-
ing in a pool hall.
Following further discussion, Cauncilma -n orauham, seconded by 'Councilman Corley,> moved
that the request be tabled.
Itotion carried.
O n the application of 71. L. Garrison for pormic4ion to move a residence into South Miami,
Councilman Androwc, seconded by Councilman Carballo, moved that B. G. ;ewhar, R. C
4 Gammago and Bon C. ,Powell be nszod the committee to inspect the building. Motion'oarriod.
Councilman Androws, seconded by Councilman Corley, moved chat the roquest of. Bon Tillinger
Per a license to sell boor and wine for consumption oxf the pram.i.sos at the South Liami
Market, 321 North Bad. Road, be $r anted•
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Motion carried.
v A letter from tiro Florida Lea -.;ue of %,unicipalitios, enclosing a forin of ordinance ro:
communism, was road.
Councilman Preb'le, seconded by Councilman Gresham, moved that Ordinance 'x2200 caption
of vivich follows, be placed on first reading ir its entirety. Motion carried and'
Ordinance No. 220 read:
ORDINfi..NCE 1,0. 220
AK ORDIEANCE DEBUI G COLZ,U1TISSI, MPRFSSING
CLW, - TD PREESMIT DI.:TGER MEI- tEFROIi Aj-TD fI)S -rG
PEt3ALTIES FOR THE ADVA.ICUMNT THEREOF.'
Thereupon Councilman Gresham, seconded by Councilman Proble, moved that Ordinance !To 220,
be placed on second reading by caption only.
Follovrri.ng discussion in which it was pointed out that the F. B. I. does not recommend
such ordinances because they drive them underground, President Probish urged a negative
vote on the 2nd. reading and asked all members to give this matter thought.
Motion to place Ordinance No. 220 on second reading by caption only, lost.
A
letter from H. F. Finley, comnending the Police Department and especially 71. A. Pressley,
r Jr. for the control of traffic on Idiller Road, was read.'
Councilman Rebozo believes that Mr. Finley deserves a reply and thanks for his interest.
A letter from Franklin Parson, Attorney was read setting a fee of $1500. for the modern -
ization, revision and codification of the Police Ordinances of the City of South Irliami'
and stating that the work would require several months to complete, and Attorney Ruff
gave a detailed explanation.
Councilmi Carballo, seconded by Councilman Corley, moved that the City Attorney be in-
structed to prepare an ordinance or resolution authorizing the hiring of Franklin Parson
to do the codification of the City's criminal lairs and traffic regulations as per his
letter.
Following discussion re: foos and the Dade County Research T'oundation facilities,, motion
carried.
A letter from the Industrial 'Savings Bank 'was read, advising; the rocoipt of the City's
voucher in the amount of 8;314.00 in final payment of a loan made originally in tho name
of Julian L. Carball „o and stating that title to the fire truck covered by same will be
rude to the City of South Iliazai.
1Y. S. 6. Boyden, ro: the rosignation of C. Ill. `Ian Dusen, called attontion to the fact
that ho had been on the Personnel --card,, and that a new appointment should bo =do.
Prosident Pr )bish appoints,,; I,4ayor Acker to tho Porsonnol hoard, leaving, it to the Board
to chooso its otim Chairman.
Cotineilman Proble brought up tho matter of Dr. VP.n Duson's resignation and the appoint-
ment of Councilman Reboz o.
Vollowi.ng discussion, Councilman Proble, seconded 'uy Councilman Corley, moved t,jat
Councilman Prbbi4h rotnin thb pri ;idoncy of Cho Council and t1l'tt ho a:ccbL� the thanks of
-tha Council for Cho rtannor in. -tmich hb #litu ia:csl ;d het tiaotin,ss, =d -that Counciltaat
11ebozo ha wmlod Chdirir.^.;t of i ho . olitj .,o L* t +
.; ,3'... b:.iottt. t..o„7.:on oarrgeiu•'
I
Page - -5
. - ttorney Ruff submitted the following teoclution.
RESOLUTIOU NO. 357
A RE OLU`1'ION OF THE CITY COb1 CIL OI' SOU-TH !Bala
APPROPIRIATI!�TG ;1,300.00 FOR THE SOU H Li ILI DISTRICT'
CIIALS ML OF CO!JL.ERCE.
WHEREAS, the Soull, Irliami District Chamber of Commrce is sponsorini3 a very active
program publicizing the City of South Miami involving substantial outlays of 'capital
and has requested some assistance from the City and in view of the fact that the City
has no planned program for publicity and has sufficient funds set up in the budget for
publicity,
NOW,, TIMEIURr, BE IT RDSOIWED BY THE 1siAYOR A14D 'TIM CITY CO IATCIL 0, , THE CITY OF
SOUTH MIAIvi I , FLORIDA:
That the, sum of Thirteen Hundred and no/100 Dollars (,x1,300.00) be and the same
is hereby appropriated for the South P,1ismi District Chamber of Commerce for publicity
purposes for the City 'of South bliami, Florida from sums provided for in the City budget
under publicity and the City Clerk is herein authorized to make said disbursement..'
f Councilman Carballo, seconded by Councilman Corley, moved that Resolution No. 357 be adopted
as read. Motion carried by poll, as follows:
Corley yes Proble yes Rebozo 'yes, Carballo yes Gresham yes Andrews yes Prebish yes
Mayor Acker asked about the salary of the fireman to be hired, and following discussion,
Councilman Andrews, seconded by Councilman Carballo, moved that the Mayor be authorized
to stipulate a salary of 0180.00 per month. Motion carried. The question of uniforms
was raised but not discussed at this time.
Mayor Acker reported that he had ;given notice to the present fireman, G. L. Willis, who
replied that we cannot do that and he is going to get a lawyer.
Mayor Acker, re: the increase in the municipal Judge's work', believes the City has a good
judge in C. L. Thoed and he would recommend a minimum of ?,100. per month salary.
The following bills were submitted for approval and paymant:
W. I. McDonald - 9.00' labor in repairing City Hall storm
shutters
Hon. R. A.`_Gray, Seely or State 4.50 , reeordinS fee, Charter ILmendments
1 i n.y 13.50 payable out of GMUIIyu1L FUND
Councilman Gresham, seconded by Councilman Carballo, moved that -the bills be paid as road.
Potion carried by poll, as follows:
Corley yes Rebozo yes Pr•ble yes Carballo yes Gresham yos Androws yes Probish yes
Counci,lMOn Andrews, seconded by Councilman Carballo, moved: that Orainence No. 219, ca,•tion
of which folloc , be placed on second reading by caption onl,t. 1Uotion carri.od, and
Ordinance Ito. 219 road by caption.
OIZDI,',A:. CE 110. 219
Ali OI?DZVA110E G:,.37Z'13C4" :;0. 174, t(i;Zf;i IS si, O::DI;;IrCE
I/'y .Iu'7.f �TyIr,G GX15AGu 1 !,D ;� }��.II. Y,AIX, PROVIDING �U1 r�i5 : :0A / >�i. ,Zi I1a:�L y»
CE. �:�iluCi., .[3L JLfai hT itL�l�i�i .+.aL`11r �J i J..F J1�JLT viii G V1 U,.a/1•xY'GLICE siC••- 11,:.
1, 1051 iYr .I ITZ , ";0, 1051.
Page - -.6'
Councilman
thArb~ :znd,'innlnroua r Cinnit �onUirotaJr, moved -at Orainnnoo No. 219 be
p � y.
Motion carried, with one negative vote, and Ordinance Iro. 219 read in its ontirety.
Councilman Andreas, seconded by Councilman Carballo, moved that Ordinance lo. 219 be
adopted as read.
Councilman•Preble a.-Iced if there iasn'•t some question regarding a small papLent rather
.than ;rescinding it entirely.
Councilman Andrews replied the motion was changed to read for six months, that the
matter of a ?1e charge per quarter was discussed but not included in the ordinance.
Councilman Gresham stated he is, having calls for sidewalks along the 'main streets, that
would be the place to use some of that money,
Councilman Andrews stated the figures were thoroughly gone over.
Mayor Acker, discussed equalizing the garbage tax between the businesses and =che homes.r
Councilman Proble, still con-bonds the public has not had a chance to voice its opinion:
to
Councilman Caaburoo, r : squar After ing g uu that City, that is a different problem, have to go
4 � g p
hat can pass another budget after they come in.
Attorney Ruff stated he would like Councilman Andrevis to amend the original motion to
�1 a nominal charge for the balance of the year. It is much harder to get back to collect-
ir_g without it.
Councilman Andrevis asked viny does our Sth. Councilman bring this up at this time?
Who is kidding who?
Councilman Gresham, seconded by Councilman Proble, moved to table the motion.
Motion lost by poll, as follows:
Corle,_y no Rebozo no Proble yes Carballo no Gresham yes Andreas no Probish no
Vote on the original motion, to pass and adopt Ordinance No. 219 *as .read, carried by
poll, as follows:
Corley yes hebozo yes Proble no Carballo yeti Gresham no Andrews; yes Prebish yes
Councilman Gresham, seconded by Councilman Proble, moved that the moeting be adjourned.
N16tion carried and the meeting adjourned at 1 :88 A.la., Wednesd 5optombor 20th.
Pro ident, City Council
3., Glork -