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1950-10-03 MINUTES OF CITY COUNCIL MTGMINUTES Or THE REGVLL I70'TIVG OF THE CITY COUNCIL OP SOUTH I'rII_ MI IIELD TUESDAY EVENING, OCTOBER 3, A.D. 1950 AT THE C01,111UtITY BUILDING AT 8:00 P.M. r „ The meeting was called to order by President Probish, with Councilmen Corley, Proble, Carballo, Gresham, and Rebozo, and M%ror Acker and Attorney Ruff responding *be roll call. Minutes of the regular meeting of September 19th. were approved as read. PETITIONS ie COBIiYNICAT1ONSz a. A letter from tli)e South Miami 'Variety Group, in reference to their request of September 5th. for permission to construct a costume locker at the Community Building, stated that it will be movable and that they would relieve the City of South Miami of any liability to said looker or contents in case of damage or loss, was read. In the absence of Councilman Andrews, who was on a committee to check this matter, the Clerk reported his recommendation to grant the group permission under these conditions. Councilmen Gresham, seconded by Councilman Carbal -lo, moved that the South Miami Variety Group's request for locker space in the Community Building be granted subject to the conditions set up in their letters. Motion carried. b. Bids on mo_t_orrculles: President Prebish read the legal notice calling for bids for a:sta.n ar d 1950 o— r 5.951 — motorcycle for police work, and opened the two sealed bids received. They were as follows 1. Indian Cyclecenter 1951 model ?;768.00 without trade -in „.668.00 with trade in INDIAN 20 Billy Temple Motorcycle Co. 1950 model $981.00 without trade -ft 781.00 with trade HARLEY- I1WIDSON in Both bids were not, with no tax.' Following discussion, in which the 'INDIAN represantativ©, H. Levine, took part, Councilman _Rebozo suggested carrying the matter over until the nest meeting and letting Chief McKinney look into this Indian motor and look into the possibility of getting a 1951 Marley- Davidson, that it would be fair both to the City and Mr. Levine to hold it over and look into the matter, and that he would direct Chief McKinney to investigate- Councilman Carballo, seconded by Councilman Gresham, :moved that they table action on the bids until the next meeting. Motion carried. c. R. C. Gammage made oral request for 30 days leave of absence from October 16th. to November -5- �at'no additional cost to the City, that the electrical and is on a fee basis and Councilman Corley will take care of the other part. Tube Gammago stated that his son, (who has had 20 years experience) vrill take care of the electrical inspections in his absence. Councilman Gresham, seconded by Councilman Carballo, moved that the request of It. C. Ganmmge for leave of absenco from October 16-61. to liovombor 15th., at.no added expense to the Ciby, be granted. 2::0tion carried. Councilmen Corloy, socondod by Councilman C#trbn. d, mcrrol that Eai*tost Tatum be d,,pointod supervisor 6.; the Sanitation Dopartitunt from October 16 to Vovember 11 at x100, par month. F!uge - -2, Following discussion, in which Councilman Rebozo agreed because it is only a temporary matter and for 30 days only, the motion was carried by poll, as f ollosrs Corley yes Proble =yes Ca.rballo yes Greshem yes Rebozo yes Prebish yes d J. E. 3mth presented an oral request for a used car lot license on the W. Loyd Sauls lot. Resolution No. 336, granting a variance for this purpose to 1. L. Sauls in April 1950 was read by President Prebish.: Mayor Acker`recommended that it be granted on a six- month3' basis. Following discussion, in which Tor. Smith agreed to the conditions as set forth in Res- olution No. 336, Councilman Preble, seconded by Councilman Carballo,,moved that they substitute the name. Motion carried and Resolution 11o. 358 vias read, as fo110 s RESOLUTION 110. 358 A RESOLUTION Or THE CITY COUNCIL OF THE CITY OF SOUTH MIA1,1I GRANTING A TEI;PURARY VARIANCE PERMIT TO J. E. 31,12TH TO OPERATE A USED -CAR 'SALTS LOT ON THE FOLLOWDiG DESCRIBED PROPERTY: LOT 5 SiY 15 K. OF LOT 4, AND LOT 8 LESS EAST 10 FT.: AND LESS' BEGIN' SW CORNER, EASTERLY 64.96 FT., NORTHmLY PARALLEL TO WEST LINE 30.34 FT fiiORTIAVp"£STil ,ZY ON PRO- _DUC'TION OF NORT12JISTERLY LINE 011' LOT 6 A DISTAICE OF 41.50 FT., TO DIVIDING LIIL BETV7EEN LOTS 6 ArID 8, T %IENCE ALONG SAID LINE SOUTHWESTERLY 50 FT. TO NORTITWMST CORNER t LOT 8, THENCE SOUTHERLY 30.34 FT.: TO POB, BIK 2, SOLOVOFF SUBD., PB 7 -11. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI WHERW&S, the Advisory Zoning and Planning Board conducted 'a 'public hearing on a request of 'IN. Loyd Sauls for a variance permit from 0-2 use on the above said lots, to permit operation of a used car sales lot thereon, and no objections were received by the ;above Board,' and WHEREAS', the.Advisory Zoning and Plaining Board submitted a written reoommendation that a' temporary variance on the above said lots be granted to W. Loyd Sauls to permit him to operate a used car sales lot thereon, such permit to be on a six - months basis with renewal privilege, subject to conditions set out in their written recommendation to the City fn d included hereinafter, and MEREAS, J. E. Smith has requested that occupational license due October 1, 1950 be issued in his name rathor than that of the said +y. Loyd Sauls, NOW, 'THEREFORE, BE IT RESOLVED that the City of south Miami by and through its City Council and Mayor, do hereby adopt the recommendations of the Advisory Uhing and Planning Board of the City of South Miami,, granting a temporary variance to J. Be Smith permitting him to operate a used car lot on the above described property, subject, however, to the following conditions: 1 That an attraetiye wire fence approximately 30" to 36" high be erected across the entire front which fence shall be set back even with adjoining buildings, such as the theatre. 2. That any :entrance in the front fence shall not exceed twelve (12 ) foot in vti.dth. 0 u - Page ­3 3 That not over two signs be placed on the lot and that such signs ,not be of such size or design to be detrimental to surrounding; property.'' 4. That no building be built or placed on this property while operated as a used _ car lot.; 5. That a surety bond of not over .x$'1,000.00 be posted as [a guarantee that the lot will not be operated as a nuisance and that, all ordinances tivill be complied with. 6 That this variance is to be for a period of six (6) months with privilege of renewal every six (6) months thereafter on application of the grantee and approval of the City Council. Mr. Smith asked if he may have a stringof lights across the fronts and Inspector Gammage stated this would be no hazard if put up right. - Councilman Gresham, seconded by Councilman 'Preble, moved that Resolution No. 358 be adopted as read. Motion carried. The Clerk asked if the occupational license,, 'which according to Ordinance -•1•`x-177 is collectible for the entire license year at this time, shall be issued for a whole year on a 6-months' _ permit. Attorney Ruff ruled that in the application for license it should be stated that the ap- plicant has been advised of the !conditions surrounding the issuance of the license and must accept the 6- months' restriction for renewal. e. Attorney lle E. Walton, represented Attorney Henry Faller, -.,rho is hospitalized; and stated that in view of -the fact that no char g es were p re^erted , he asks that the �.` attempted dismissal of G. L. Willis be revoked. President Prebish read the letter addressed by Mr. Fuller to the Tviayor and City Council, dated September 22, 1950, in which he made formal demand for such charges and a hearing. President Prebish stated there were no charges, at a former meeting of the City Council the question was presented as to whether or not this man is a permanent or temporary employee and at that time the question was raised as to `-Ao l:or he was satisfactory. It is now a question of Whether or not the Council desiros to set a date for a ]fearing or re- instate the fireman. .Attorney ;,alton quoted Sec. 15 -d -1 re: the right to appoal and right to know the charges. After discussion, Councilman Gresham moved to tablo the matter and sat a dato for a hearing for G. L. Wiliis. Motion lost for want of a second. Atborno y Muff asked' tha,. tin be mado as to lvhother or not char should be presotttod 1 ges to avoid a waste o,, tiro. it would rewire a '5/7 vote if he is to be charged. P. E. Tripp asked if delayed, trould, tmothor Ar,mrrt be available. Vayor Acker roportdd that ?te other do fit -Oman .fora trying earn of uho do,,)Artndnt ititil rXtor tonight. rollovr ng di,sousssion, Coin ciUan mloboto, rsecondod by Councilmn Carballo, trotted tl "tt tho action taitatj tha Couticil tt it :s vAjourttod ragular rtowAu- of de- tbdtrb" 12t� . ra Q gardin5 I* L. AllAd ba mmiwded vAd ldtw';or "ors aae. to `_,`r. ' ►t lip to tht.b offoet and that its► AoulA diarog-Ard ta.n prbvl&,W btto.r e1.' 1dy' w"'Jor ldt.ft. Which ho rae$ vad• D 1 Page - -4 Councilman Andror;s joined the meotin�; at this time (appronimabolr 9 ;20 F.LL) Mayor Acker hopes this action is not construed to mean that the men .r l be relieved of all duties except fire fighting. The torn is still small and it -is necessary for the fire and police to work together. Councilman Andrews asked to be ovcused from voting on the motion Because he came in ;late and does not know just what discussion took place. Motion failed on a tic vote, as follows Corley yes Preble no Carballo yes Gresham no Rebozo yes Probish no Councilman Proble, seconded by Councilman Gresham, moved that proper charges be preferred and that G. L. Willis be given a hearing at the next regular meeting of the City Council. (later amended to the "first regular Council meeting in No Attorney Ruff replied "yes" all regular employees are entitled to charges and a hearing. Councilman Csrballo asked who is going to present the charges against the man.- Councilman Andrews stated the man who should file the charges is the fire chief, , After considerable discussion, vote on the motion, as amended, to provide for a hearing at the first regular Council meeting in November, was an 'follows and carried. J Corley yes Preble yes Carballo yes Gresham yes Rebozo yes ,indrevis no who is going to prepare the charges? Prebish yes Mayor Acker put the following questions: 1. He wa),ts to know if Willis is put back on the job until then, and if so, he would like authorization to pay the other two men for the shifts they have been cariying. 2., If charged with the responsibility of preparing the charges and he feels they are not sufficient, must he still prepare theme President' Prebish stated the man should return to work in the morning. 11ayor Acker should examine the charges,, should dotermino if sufficient to instruct the City Attorney to draw up in regular form. Mayor Acker asked pay for the other men, stating they had worked blo shifts. Councilman Gresham, secondod by Councilman Carballo, moved that extra pay for t ho mon who worked -too of Willis' shifts be authorized at thbir ovm regular rate of pay (Melton and Rogets. Motion oarried by poll, as follows: Corley yes Preble yes Carballo yes Gresham yes Rebozo yes Andrews yes Prebish ,yes President Prebish orally informed C. L. Allis to report for work in the morning, and instruotod Mayor Acker to considor tho charges tirhich aro to bo preferred by Piro Chief 1101ton dotormino whothor or not they ara sufficient to duspend G. L. Villis or mane a racom andation to tho Council that the charges are insufficient. In tho bvetst of sus,ponsion, Mayor Acker is to make arrangorwitts with tho City Atturnrwy to drag tho charges. P6 to Tripp statad that Oleir Ldlton should to thrU Councslmmn Carballo to foyer AOkar. i Page --5 Councilman Andrews stated -that President Prebish should direct Chief Melton and Council- man Carballo. President Prabish instructed Chief Melton that if he has deteridned at this time. that this man is not a capable employee, for his department, he is to go to 103yor Acker and present vAiatever evidence he has of his inability and do this in co- ordination with Councilmen Carballo. Councilman Corley stated that Mr. Kelly of Paragon Construction Company has made a survey -And would like to give the facts as to what he thinks they can do. Wr. Kelly stated this is the 4th. time he has been down here. He represents the Paragon Construction Company which is handling garbage collection for lffoSt i'liiami and Port Lauderdale. He met with the committee, discussed the possibility of Souti, Miami having 'a program similar to that of 'Test IAiami, contracting the collection and ncineration of our garbage. They have just received anew piece of equipment and are offering it for inspection. They are not offerin- a reduction in rate at present but offering a sanitary collection on improved system based on private enterprise and "know how." Ike discussed the possibility of building their own incinerator and .stated if we were further interested he can got down to figures on it. Under a contract they are obligated to give service- they maintain a mobile radio service to handle calls. They would provide two regular garbage collections per week, 1 trash and 1 paper pick -up per week to the residences at $18.00 per year and dump at our pit. They will cover with their equipment but at our liability. Would want a 3 -year minimum period to give them a chance to amortize their equipment, etc. Councilman Rebozo asked what about the businesses? Mr. Kelly stated they would be approximately'r50. per business, on an ' average Councilman Carballo stated that being on the committee he has considered the matter carefully. Sooner or later we will be confronted with the incineration problem. 'If ICel_.ly's company ' can get 2 or 3 cities together they can build an incinerator. He believes the City should consider this carefully. 33e believes it a good idea to decide that the Council go into full details on this matter and if possible let ,dr.'Kelly' take the end of town so Chet he can work up and get a definite plan. Councilman Gresham, seconded by Councilman Preble, moved that they table until matters can be gone into - the pit or incinerator. Motion 'lost by negative vote. Councilman Andrevis sug estod le tting I-r. Kelly check and see under what conditions the pit can be operated And asked how soon could they as.ume garbage collection for South 1,iami Mir. Kelly stated they could assumo the northormos•t portion tomorrow. They could po,ssibly`, take over complete operation before the end of the calondar year. Prosidont Prebish stated the comm,11t the Council. too shoulc `comae up vritlt a tangibly rocommvndat on to Councilman Carballo sugt;ostod that tao committed would have a complete .report and allarr Mr. Kelly to make tho to:to he Wants,, check possibility of using our pit, or the incinerator at Coral Gables, and have a do.fiz ito report for -'&,o ,no%+, moo, in`. Prosidont Prebish asirtod the con., i&LLdo to continuo its Merl'- With I.r. X011y err# nape I*Ur hor rocomandntions At Who next rCl[3t lqr k e :'rrin�• diotrict dy tkhy Civilian a3lof'enco CorntCil ardC sl •t' r yornsJi e3xoois d3,airstc,-r far wttd 7tit, ,. p r lioad?lttxi °tern, stab 1g it 13 a Y+utttdr 6 tital j*.t)ort111cO. UO asI:rJC� �'�� iv t3i�vi[.� Lev ;J yiFtj �, ff2' tS�i tlif) C'omst'uni y * tiil iin w, f3 dnt i ; z v : ixot�� � ba 01,.;o to mile tibliad s t-+t4:i' is Ond .,:ha to iXtx t " r. .Page--6. _ Foll(wrin•' discusoion, Councilman Carbrallo, secon,Ied by Cottncilmar Andre,.,3, moved that the City provide the Civilian Defense iri• h jpnco at ;43 South Miami Cif-,y Hall. I:lotion carried. Councilman Andrews, seconded by Councilman Corley,,movod that -they instruct the City ' Clerk to write a letter to -L he Volunteer Fir Amon advising them of the fact that it has been found advisable to provide space for headquarters for the Civilian Defense for ' District ?, and that the most advantageous space to be so allotted is the space now occupied by the pool table -, and the Council therefor roques•ts that they romove it at then earliest . convenience in order_th at this space may he available. tYotion carried v , . A�� �� c i0:1!J� SC a,� u ;n 't s� Lev- (Gresnam VO _ ) • � J i. George HollaYtan, attorney, appeared before the Council. on behalf of J. E. Hughes. He cited the history of his employment with the City (on the `unitary Department) and brought. up the matter of the 90 day 'leave of absence, and that he had returned ahead of time, and was discharged Septeufoer Tth. He stated that he comes under Section 15 of the Charter and was not given proper bearing before the Council, that the Charter had not been icomplied with. The man has 6 children and needs ompl •ymen•t. He would request that J. E. Hughes be re -lrst had not been such -Line as the supervisor of Sanitation .files charges with the since September 7th. Attorney Ruff asked if Attorney Holleliaa is ;willing to stipulate that the present 90 days leave has not expired until October 19th. if proper charges are made. Councilman Carballo asked if the employees of tho garbage trucks are considered laborers, permanent employees, or what2 employees. or Attorney believes thtst by virtue of being on the nay ,roll that they mould be regular Councilman • Andrews, s Y ,, m 1 that the request of Attorney Hollahan re. J. E. Hughes denied, based onr the lfact hat the leave of absence has not g , expired. After discussion, motion carried. r✓ The following bills wore prosented for approval and payment: BILLS MyALIIZ OoTOBr :�R 1, ;1950 Brewer Co. of Fla. 175.50, asphrlt for streets Bryant Office Supply Co. 6.00 office supplies Canington's Service Station 81.43. gas, oil, repairs, etc. Tod Crockett 15.53 Ice'- September Denning's, Inc. 20.73`, hardware supplies Duro -lost Corp. , 13.68 traffic bulbs Fla. Equipment Co. '100.87 repairing equipment Mr. Poster's Store 132.55• filing cabinet 6 office supplies Foster Printing Co. g 51.73 printing R. C. Gan mge 288.40' oloctrical insriection Gulf Oil Corp, 68.13 oil & tube Rall Paving Co 136.00 , bulldozing pit Righway Moror Service .50 keys Uolsum Lunch 57020 prisoners, uAils liorslay's Insurance ,Agency 66.55 Ins. premium - City 11611 Long Office 'Supply 000 3.310 cards Miami Daily 11aws 2.24 loyal noti.ed Miami Herald 2.62 ibgal nobiad Viami. Tire ''Rotroadi,nt; Co. 74.'t2 tired A. Co 2105aray i1.5� br sEer� u Page - -7 Oolite Rock Co. 22.95 ' pit rock Petty Cash 47.56* per itemized list Phillips Typewriter Company 9.95 typewriter table Riviera Times 26.16 � ads Skagseth Stationery Co. 4.85' office supplies So. Miami Atlantic Service Station 286.23 " gas:, oil, etc. Stang's Appliances 14.36• electric fan Turner Bros. Co. 6.3`1 ^ soaps Central Press 245.25" car inspection stickers% Pan American Tailors 38.50 , uniforms - BIcKinuey John Ruff 250.00 legal services, Sept. Newham, Gammage, Powell 30.001 appraisal fees, Garrison - Gamble Totaling 2 2-9 2$ payable out of GEMERAL FOND Oolite Rock Co. 76.50 pit rock H -19 So. Miami Atlantic Service Station 12.76 " gas 8: oil I3 -19 Totaling 89.26 payable out of RESFaUTE IWD 9 PETTY' CASH ITEMS SEPTEZLBER 1950 Box rent 1.50 (t Stamps 30.00 C -3 31.50 gas allaranoe ,C -6 5.00 C 36.50 plumbing code 1 -3 1.50= soaps P_5 2.80 ., bolts SP -;2 .96' recording fee A -1 5.80 r Totaling 47.56, In connection with hhis bill, Attorney Ruff reported that in the appeal attacking our Ordinance the judgment rendered in our Idiunicipal Court was affirmed. Councilman Gresham, seconded by Councilman Proble, moved that the bills be paid as read Motion carried by poll, as follows : Corley yes Preble yes Carballo yes Gresham yes Rebozo yes Andrews yes Pr3bish yes In re: the gas account, Bryant Is Corner Service Station was confirmed for the month of October and highway 11otor Service is to get it for Novmnber. Councilman Carballo submitted a Statement based on the result of Criminal Court Appeal #1359 in which the Court reversed the City of South Miami. He stated the City prosecuted him. Iie won. "Here is the bill. That is the cost of appeal. If you don't went to pay that then I vrill go back to court." (x$750.00 statement) Attorney 'Ruff 'stated in appeals it is not customary for attorneys' fees to be 'paid, that transcripts of records and costs of Court should be paid. Mayor Acker suggested inquiring of the Court as to vAidther or not the word "costs" also includes attorneys fees. Ascertain what the intent of the Court was» President Prebish stated atbornoya' feea are never a aos;able in any eriminalsproeeoding. This is the usual form of any order in any kind of appeal• Mayor Acker asked li t much or that I-, aotual2y court costs and hwr retch attornoyso fees? Councilman Carballo coated'attorrteya' faos are not included in thab. '61%oso are actually Cb,ta. Page. - -8 Councilman Gresham, seconded by Councilman Proble, moved �iyi PY�y�y' to adjourn., (Not recognized by the chair.) Mayor Acker asked would the Council be in its authority to pay such a :Dill e'xcopt that such bill be itemized? This is .a settlements Councilman Carballo stated "this is not a settlement. This is a payment of rr,� costs. The settlement will come later. Somebody will be sued. I do not know who. That is up to my attorneys." Councilman Rebozo asked what is the nett move? He would like to go home within the next hour. y; President Prebish read Resolution prepared and presented by Councilman Carballo as folio-vrs: RESOLUTION W&s 359, A RESOLUTION AUTHORIZING PAYMENT OF '$750.00 TO JULIAN CARBALLO AS PER ORDER OF CIRCUIT COURT OF DADE COUNTY, SIGNED By imm..t HERIN, CIRCUIT COURT. r ad O Criminal i J Court- lh Judicial Dist rict in and .for D County,Florda, hasbeenrreversed ,1bursuanttoorderof m. A. iorin Circuit Judge, and , WHEREAS the said order contains a provision stating that the defendant, Julian Carballo, recover from the City of South Miami the costa of said appeal, and VifMEAS, Julian Carballo has on this date presented a bill for u750.00 as the costs of said appeal, NOW, THEREFORE, BE IT RESOLVED BY 'THE 1,1AYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI That the sum of (?750.00 be paid to Julian Carballo, the said sun to be appropriated from the general funds of the City of South Miami. Councilman Androvrs, seconded by Councilman Corle adopted as read. y, moved that Resolution No. 359 be Discussion rea,zhat "costs" meant. Councilman Andrews stated so far as he is concerned this is the total cost of Councilman Carballo of that appeal, for that reason he is willing to ride along with it and pay. It should complete the transaction in full. President Prebish read the Court order which provided for the payment of "costs" and in which the wotds "and, expenses" had boon stricken. Councilman Gresham insisted they `should have an itemized bill. Following discussion,' motion carried by poll, as follocw=r Corley yes from voting. a ing. Greshmsno no first voted yess, s 'robishyeeJana led upon to abstain Councilman itabozo, seconded by Councilman Peablo, moved that tiio rooting be adjourned to Tuosdoy, Octoboe loth. at 8 :00 P.ti. 11otion carried. r