1950-12-05 MINUTES OF CITY COUNCIL MTGT
MIND E3 OF FE REGULAR MEETING OF THE CITY'
COUdCIL OF SOUTH itiLIA1:!I TyELD TUESDAY EVFNING,
DECEIJBER 5,, A.D. 1350 AT THE C01,11- tI Y
BUILDING AT 8'e 00 Phi.
The meeting was called to order by President Prebish with Councilmer`Carballo, Gresham,
U Rebozo, Andrews and Prebish and Attorney Ruff responding 0o roll call. Councilman
Corley joined the meeting during the reading of the minutes of the meeting of November 21.
Minutes of the regular meeting of November 21 were road.
Councilman Carballo, referred to page 3, paragraph 30 that he had explained his voting
"no" was for the reason that the prevention of juke box music was in violation of a
person's constitutional rights, and that was left out of the minutes. He wished that
put in and the Minutes were adopted as corrected,
President Prebish :called attention to 3 revisions of minutes, per detailed sheet� of
Oct. 3, Oct. 18 and Nov. 7, respectively, and following discussion, Councilman Carballo,
seconded by Councilman Gresham, moved that the revisions as presented by the City Clark
be accepted. Motion carried*
Minutes of the special meeting of November 24 were read.
Councilman Corley called for correction of the vote on the last motion, on which he had
voted "no.'s
Councilman Carballo stated a great deal had been left out of those minutes, especially
with reference to the explanation of president Prebish as to why the check for t "750.00
to him had been hold up
} President Prebish stated' that in re: details in the minutes, it is not necessary to in
olude all discussions, however, if that is wanted I in the minutes, he will instruct the
Clerk to put them in.
At this point, (8 :40 P.M. ) Mayor Acker joined the meet ing.
Councilman Andrews stated that under ordinary circumstances they would leave out 'this,
but being, more than an important matter of 'discussion, he thinks what Councilman Carballo
has called attention to, or any other matter, should be included.
Councilman Andrews, seconded by Councilmen Corley., moved that the minute notes that re-
flected why the check was not tendered to Councilman Carballo, be included in the minutes
of November 28. Motion carried by poll., as follows r
Corley yea Carballo yes- Gresham yes Rebozo yes Andrews yes Prebish yes
The minutes of November 28 were then 'approved as corrected.
PETITIONS AND COWUNICMIONS:
a. Re: the Chamber of Commerce Christmas decorations s
Mayor Acker stated he wee, reporting for that coimnittue, which asked that the City de-
corate the CityNWd Community Building with Christmas decorations 0 that the Chamber of
Commerce is going to the merchants to get more Christmas decorations end lights in town.
R. C. Gamm go spoke of the possibility of decorating along the Hig1vtay from Rod Road to
Sunset Drive and puttint,; soma lights into the palms. The cost of matorial would be
approximately $500.00•
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Councilman Andrews asked Messrs.Gaainmuie and
nd.Burmeistor, re: dre g_ up with about $80.00-
0 95.00 the Cit; Hall and Community
Councilman Andrevrs, seconded by Councilman Corley, moved that they authorize the expenditure*
up to ;190.00 for the purpose of decorating the Community Building and the City Hall, to
be directed by lrlessrs. Gammage and Burmeister, to be spent out of Municipal Building funds.
Motion carried by poll, as follows;
Corley yes Carballo yes Gresham yes Rebozo yes' Andrews yes' Prebish ye
Councilman Gresham stated if the Building department gives x;90.00 the itreat Department
would also ;give, if necessary.
be THE REPORT OF ATTOHNIY RUFF. President Prebish discussed the appeal filed, per
the notice in the newspaper, had heard nothinG prior to that tine and therefore asked
Attorney Ruff to check and report.
Attorney Ruff stated that he had contacted Judge Horin's secretary, Miss G'ascoyne who
reported that notice of the appeal was filed and that subsequently #otice of withdrawal
or dismissal of the appeal was filed. The docket book discloses that the notice of
appeal was filed, the fee paid by ft. Pruitt. The docket gook did not reflect the notice
that Judge Herin's secretary told him this afternoon. It would appear that there is
no appeal*
Councilman Carballo stated that lie did
go down tovhl when it was in the paper re: the
appeal being filed. lie asked his attorney About it. He did not know anything about
it but told him what to do. IIe found out the folloning5
On the 28th.` dsy of November, 1950 and recorded the 29th. - day of November, 1950 in
Circuit Appeal Minute Book, 136 page 20 in the office of E. B. Leatherman, Cleric of Circuit
Court, ;in the Circuit Court of the 11th. Judicial Circuit in and for Dade County, City
of South Miami, plaintiff, vs. Julian Carballo, paid 0.50, another file November 28, 1950,
'
plaintiff, °City o South llimai - - - - - - - -` - - --
Records, iinute Appeal book 174, page 501,
y tendered Resolution No. 370 road b President Pre s as follows:
bih, ; fll
Councilman Corle , y Fl
RESOLUTION NO. 370
A RESOLUTION DISCL.AII.IING 1L-1Y PART OF A CERTIL111 APPEAL
TO TliE SUPREAE COURT OF FLORIDA- EITTITLED "THE CITY OF
SOUTH MIAMI 'VS. JULIAN CARBALLO" 13 TERM I1v CIRCUIT
APPEAL I.IZIUTE BOOK 136 PAGE 20 111 THL CIRCUIT COURT Or
THE ELEVE".ITH JUDICIAL CIRCUIT IN AND TOR DADE COUNTY',
F WRIDA AND DISCLAIAMG WILLIXJ J. PRUITT As SPECIAL
COLENSEL S;OIi Ali~ CITY OF SOUTH 1AIXII AND ORDEMIG THE
ATTOWULIY Ol' THE CITY OF SOUTH idi:1,1I TO I''ILE It DI31iISSAL
IN '= 6P11) CAUSE lei D FILE A CONY 01` 11115 IIISCLAWER
121350LUTION IfTH THE SAID CAUSE.
*MkEAS, it has coma to the attention of tho City Council of the City of South Miami,
Florida, that one William J. Pruitt, an Attorney, has filod WTICE 01,' APPEAL to review
the ORDER flit A.PPLIAL from I unicipal Court of South I'liami .'lorida, to tho Circuit Court
of the 11t1. Judicial, Circuit in and for Dade County, Florida, ontorod in tho said oauso
on September 29, 1050, and. recorded in the records of the said Cowt Ott the 3rd. day or
,r r, October, 1060, in is "muter Appeal book 174 at Page 501, and
,4'MPj tho Council mr, the City op South 13=i, AOridap had never urdarod, Itiralj
ins Vrudtod, rojudoltud, ns�:od or o ; .orwise .;iron the .rid .rilli• 1 u. P'rui,t r_ut?aar ,-j . a
f'ild tho didd ttr'bion ror to use ti.0 nab of tho Citv , of joutlr it°rli in any mmnndr,
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INTOr , THEP.EIO;REE BE IT RPSGL� ED By the City ,Council of the City of South 1 iami,
Florida, that,
The Supreme Court of the State of Florida be informed forthwith of this action
Of the City Council of the City of South IVliami, in the following manner,
That the City the part of this City in the above styled cause, and,
to file a motion
�l Attorney of the City of S ouch Miami- no;: be instructed
for dismissal d ,
That, a co o�
' copy this resolution be filed in the said cause, and
That a con y of this Resolution be sent to the Clerk o% the Supreme Court of tl-4
State of Florida ' and
That -the said.:eilliaum J. Pruitt be furnished a copy of this Resolution and that he
be informed that the City Council of -the City of South Miami will inform him i%hen and
if his services are ,required, and thab he be told -to i'orthvrith cease and desist from
his unauthorized and presumptuous use of the name, of the City of South Idiami, Florida,
Councilman Andrews, seconded by Councilman Corley, moved that Resolution No. 370 be
adopted as read.
Chief McKinney, re: the Mayor knowing anything about the appeal, stated the appeal was
taken by a group of private citizens thru him (1, dUnney), the Iolayor nac1 no knowledge
of it.
Chief `McKinney stated he represents a group of people in South i:;iami.
After lengthy discussion in which Mayor Acker, the Council and people in audience part-
icipated, Councilman Andrews, ro: the appeal having been yrithdravmy still feels the
Council should of necessity take this action (Res, 370) - (of Muff) one of- the points
important in parliamentary law is that an individual cannot call for a re -rote unless
on tie winning side. Idust the person making the Appeal be on the losing side? Can any-
one file an appeal or only the City (losing party)?
Attorney Ruff replied only the City or the losing party.
Following further discussion, on a call for the vote, the motion was carried by poll,
as f ol: ows s
Corley 'yes Carbal?o yes Gresham yes Rebozo yes Andrews yes Prebioli yes
Vlayor :rckor asked if the appeal has been w thdra;ni- will you uo on with thm.t' filing?
Councilnmn
been withdrawn, time lie has no or'fieial notice that the
appeal has n, there ore
Attorney "ruff presented at1 al "fidavit of costs filed, the resolution prepared, rnd said
that Jan. 3, 1951, 10:30 A. �d. had boo:i sot for a hapxin.- on the injunction, allowing
I-', hours.
Urs. Fryo asked roe tho colored youth caanWor pro4oct.
Councilmah Crolham rjportod thaw ho �Uld #;al'tod Vllt.h Jaf1 Gautier but t'lat propoety is
riot preporly honed and ,io vroxlat aaall lot, provid d the bal tea ..oi w bd rozone d for
colcrdd apartrtnnt ,.. ,5n ww'„od 110 TIqd prepared to roeot;esettJ t 1litt bljn .Vi1J* is=6n propor",,j
b6 iU'iSltiiit9Cf bUt Li'"u • `Ytytg i3 4t3 a tau �;�if1 .iCh15 i� .oard it, �`b.3:s� f.ly3°7`.n ,jUro* :j ;j, ,t its
Ci3i..tc?iiGtttt Carbali tMa "bo dc, i;t tG reela�y3s' ,7i �o `" &5 *.Attar oq vet #..'ja L'6
Councilman ;Andre; ;s stated he .rill pay the 'p10. for the hearing.
Mrs. Frye gave a report on promisad donations :'or the building.
-`� `At this point - 11:10; recess was declared and business resunod at 11 :40.
Mr. `;Verner; of Bus Benches, Inc. was present to request permits for non -bus stop locations
for benches. He agreed that the location of Red & Highway was not a proper bus stop slid
the location was desired mainly by the proposed advertisors, Parrot Jungle and Citizens
Loan. He stated in some cities a variance is given for benches to advertise at 10 to
C? 157 nonabus ,kstops, to offset for the poorer: locations.
Covinoilman Andrews called attention to their responsibility to the merchants for advertising.
Councilman Gresham, secondad by Councilman :Corley, moved that they recommend permits be
granted for %those,two benches•
Gilbert Burmeister asked about placing of benches vs. parking cars*
Motion carried.
Councilman Carballo, seconded by Councilman Gresham moved that the two locations across
the Highway from "Spec'sn be approved for benches.
Motion carried.
Councilman Gresham, seconded by Councilman Carballo, moved that a location for a bench
in front of the Whip Inn be approved. Motion carried.
Re: non - advertising benches and fees, Councilman Andrews asked what type of advertising
might be on benches in front of churches, etc. Mr. Warner stated they would always
be glad to remove any that was not desirables
Councilman Carballo, seconded by Councilman Greshm, moved that a resolution be drawn
approving placing of non - advertising benches at no fee. Motion carried.
Councilman Greshm stated he -mould like permission to install 25 street lights in the
north and of town, thera' would be no charge for installation, but just the regular monthly
charge and that he has money in the budget for same.''
Councilman.Andrews;, seconded by Councilman Carballo, moved that a resolution be ;pre
parod per Councilman Gresham's recom endotion :for the 25 street lights in the north end.
r-,
Motion carried.
Councilman► Andrews asked Mayor -Acker if he has a letter from Judgo Theed.
Mayor Acker read the letter, in which Judge Thoed awrood to tender his resignation under
certain conditions and upon the Mayors s recommendation.
Councilman Carballo asked when mho letter -ems dated. Mayor Acker replied "itov. 6."
Councilman Carballo stated today, is December 5, one month labor. 'What is the delay?
Mayor Acker stated it is completely a, personal latter.
Councilman tarbatlo askod why doer: the nowspator have somAhin3 to sAy about the City
when the Council :bas nothin4 to aw f a,otat zt9
Mayor Acker dtated ho told them 'natmpaper troth ug abotit its mid ssu5gnntsd that ;ouncil-ran
CU66110 ask thb nensptwdr
Page - -5
Councilman Carballo stated the ;letter eras aadrassed to Tiayor Acker. ' Bore did they get'
_ the information,
Councilman Andreas, seconded by Councilman Corley ,moved that this Council advise Mayor'
Acker that the Council is desirous of obtaining the resignation of Judge Theed.
Mayor Acker stated that Councilman Proble had said if the matter of the resignation of
Judge Theed came up, he ask that it be held in abeyance until he could be present, as
the same privilege was given others on the Council.
Councilman Carballo, seconded by Councilman Gresham, moved that they table the motion
until the no-xt meeting, whether it be 'a special or regular meeting, so that when Council
man Preble is present it can be taken up.; ,
Councilman Andrews asked if Mayor Nicker would be grilling to state whether or not he has
any particular objection to not ask Judge 'Theed for the resignation. Why should the
Mayor be the determining ;factor? TTw Mayor .made a statement at the last regular meeting
at the time of the acceptance of Mrs. Poncke's resignation and appointment of a new
member, he said he had received another resignation from that body but vianted to talk
with him first. .'iould seem that the Tiayor is taking quite 's. dictatorial attitude in
thist He feels also he had knowledge of the appeal.*
Ntayor Acker stated the ordinance setting up the Zoning Board makes it an appointment for'
the hfiayor to make. There is nothing despotic about that.
Councilman Carballo stated it is the prerogative of the Mayor to appoint a member of the
Zoning Board or any other Board but that it must be done with the consent of the 'Council.
However, when the Mayor, delays something like that he leaves a department lacking in
one or maybe 2 persons, and naturally minimizes the functioning of that one Board. He
should act right array instead of postponing.
Councilman Andrews vs. Councilman Grisham.
Motion carried.
The following bills were subnLitted for approval and paymants
BILLS PAYABLL -- DECENBER- 1, 1950
All -Miami Motors, Inc. 1.251 Grease
Bailey's Lumber Yards 9.90 e;lumber cc nails
Bryant's Corner Service Stabion 3.78.w gas
Burroughs Adding Machine Co. 13.80 contract
Cecil To Carter 120.0V bulldozing pit
Central Machinery &- Supply Co. 101.00' nozzles
Ted Crockett 15.64 r, ice
Denning's, Inc. 16.03 ° hardvmre
Dixie Gas Corp. 12.00, gas for heaturs
Dorn- tRartin Drug Co. 3.60= flash light batteries
Fla. .Z quipmont Cc. ofl'liami 13.86 rapairs to tractor
kdr. T%oster's Stoke 5.00 •. off ice supplies
Graco, Ina. 20.50 paper t00013, `tissue, adding =chino roils
Gulf Oil Products 14.66- oil
Hallock 1 Jenningn :rotor whop 5.15 repair fire siron
siar'b Tionle liotora jcle 105.55' jaokota
11 gtixay :rotor Jor ied 203.98 gate, oil, rnp!!ir#
Long Office Supply Co. 10650 offied stropli.nn
Miami Are Hquii1mut Co. 4.50. oulehuric aeld
Miami Utlifoettis 113075, L'iArar d
Petty Cash 30,14 potucd, ota. par Whizal fiat
i
Page - -G
Joseph Pfeiffer
2.80 lettering motorcycle -
t) V. L. Pope Plumbing
82.66 ' plumbing
John muff
150.QO � attorney lees
So. Dixie Auto Parts
11.551, exch. battery
So. Miami Atlantic Service
22.85,j, gas & oil
Billy Temple Motorcycle Coo,
44.25,+ motorcycle repairs
Turner Bros.
24.70h tubs, st.'broom,t saw
Holsum Lunch
7.35�• prisoners I meals
R. 0. Gammago
172.45, elec. fees
Totaling
$1,444.39 payable out. of GEdERAL FUND'
Bailey's LunZer Yard
2.16 * 1 x 2 furring
HiL!�iway Liotor Service
128.79 w gas. 6: oil
Miami Daily News,
20.93 legal notice.
Oolite Rock Co.
668.10 "rock
Petty' Cash
1.80 , postage
Totaling,
821.78 payable out of RESERVE FUPIl)
PETTY
'CASIi IT=3 - NOVETABER 1950
Stamps C -3 3.00
Gas Allowance - Nov. C -6 5.00
C- 8.00
cap strap - Willis
r -5 2600
badge
P -7 4.29
recording,- Donaldson deed
SP -12 3.60
returned check
Misc. 025!
stamps
Postage Refunds 18.00
36.
Stamps,
1.80
37.94
Councilman Gresham, seconded by Councilman Carballo, moved that the bills be paid as
read.
Motion carried by poll, as follovis
(All- ,:iami Motors bill to be checked before payment)
Corloy yes Carballo yes Gresham yes Rebozo yes Andrews yes Prvbish yes
The meeting was adjourned in;rogular order at a ,proxinately 12: 20 ;.;d., Wednesday,
December 6th.
Fresi-dentJ city Counci
ATVs e
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C y ,Clerk