1951-01-16 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF SOUTH MIAMI HELD TUESDAY EVENING,
JANUARY -16, A.D. 1 951 AT THE O0M[f 1ITY
BUILDING AT 8:00 P.M.
The meeting was called to order by President Prebish with Councilmen Corley, Carballo,
Gresham, Rebozo sad Prebish and Mayor Acker and Attorney Ruff responding to roll call.
Minutes of the regular meeting of January 2 were read.
Following discussion regarding the Mayor's expense account in Ordinance f-225, the
minutes were approved as read.
PETITIONS AND COMMUNICATIONSt
A,. Fire Hydrant Bid «. President Prebish reported that request for bids had been :ad-
vertised in three newspapers and by direct communications to six firms, end, two bids
had been received, as follows
Hydrants valves valve Boxes
1. R. D. Wood Co., Philadelphia, Pa. 103.10 45.20 9000
(subject to acceptance by
January 31)
=H Valve & Fittings Co.
Anniston, Ala* 113.75' 49000. 94-15
In addition the M & H Valve & Fittings Coo submitted the following bid on tapping
sleeves and valves
6 x 6 32.10 10 x -6. 59.70
8 x 6 44.00 12 x ,6 63e05-
All their prices were s ubjeot to aoceptance within 30 days.
Councilman Carballo, seconded by Councilman, Corley, moved that the City grant the bid
to the lowest bidder (R. De Wood Co.) for hydrants, valves and valve boxes and get
tapping sleeves from the Consumers Water Coo which has a- . supply*
_,
Councilman Rebozo, re: the letter from Consumers Prater Co, about 2 months ago, to supply
those at competitive bid.
Mr. Wertz stated °he had an order coming t o the City of Miami about February 1 and can
substitute 25 of those and mark them for South Miami, then South Miami's order at the
factory will go in on Miami. It takes 60 days. He does not know what they can do
about the valves and boxes. He would have to see what he can do with the City of Miami
about borrowing them.
Mryor Acker suggested that they order the 25 hydrants and the gate valves and the boxes
from the Wood Co. now. Get the 'hydrants immediately and check with Consumers Mater Co
in the next day or two re: sleeves and valves. He advised getting all they can get.
Following discussion, Attorney Ruff was instructed to dray a resolution in accordance
with Councilman Carballo +s motion. -
Be die: the Civic League roquont for use of tho Comtunity Building for rallies at to
sous. P. R. Jacobs stated they would liko to have the use o: tho hall on January 24th.
and February 10 to interview all candidates.
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Councilman Carballo,, seconded by Councilman Gresham, moved that the Civic L eague be
granted the use of the Community Build n6 free on January 24 and February 10. Motion
carried*
0* Letter from Jeff Gautier, accompanied by check for $10.00, requesting change of
zoning on hiss property. (All Block 25 .CAMBRIDGE UMS FIRST ADMI011) for colored use*
Councilman Carballo -, seconded by Councilman Gresham, moved that the request be referred`
to the Zoning Board. Motion carried.
De A letter from Attorney L. C. Proby on behalf of the Wilhelm Funeral Home, requesting
transfer of the license to another location. In connection with this matter, the Zoning
Board made the following recommendation&
"In the belief that the Wilhelm Funeral Home has become a definite part of this
Community through the services rendered, it is the recommendation of this Board that
Walter S. Wilhelm, Sr., be permitted to transfer his license to operate a funeral home,
as well as move the building he now occupies, from the present location at 112 Sunset
Drive to 269 Sunset Drive, legally described as the E. 160.7 ft of the S. 194 ft.,
Waot A Block 1 ROSSMOD, PB 13 -62, (zoned for C -1 ;use) subject to the following ;pro-
visional
1. That written waivers be obtained by Mr. Wilhelm from all oemers of
property in Block l ROSM100D, -PB 13 -62•
2. That the building to be moved is to be used only temporarily until such
time as Mr. Willhelm can complete financial arrangements for a modern structure, according
to perspective submitted, and not later than five years from date hereof, and that
said temporary building be made semi- fireproof by being sided with asbestos shingle
siding.;
3• That the location of the 'building and development of the premises at
269 Sunset Drive be in accordance with 'plot plan filed..
It is further recommended that, upon transfer of this occupational license and
permit from 112 Sunset Drive to 269 Sunset Drive, the variance originally permitting
operation of a funeral home at 112 Sunset Drive and granted to Walter S. Wilhelm, Sre
for that location, be cancelled and no such further use of that property be allowed."
Councilman Carballo seconded by Councilman Gresham, moved that they accept the re
commendation of the Zoning Board and that the City Attorney be instructed to draw up
the neaesiary resolution to carry out this matter. Motion carried*
Be The request of Dew Those C. _Jones for a change of zoning On 'North 4th. Street from
North 2nd. Road to IJorth 4th. Avenue, on motion of Councilman Carballo, and seconded
by Councilman Corley, was referred to the Zoning Boan9. Motion carried.
Fe -1. The following report from the Zoning Board was made in accordance with the request
for same, at the last meeting, of Dr. Tharp.
"Regarding the proposed Youth Center for the colored section, the Board feels
that the location of the Marshall Williamson property is far better than any project
that could be carried on on the Gautier property, due to the faint that the Gautior
property not only is on the outskirts of the colored section but would have to be re-
zoned and that Mr• Gautier's request for zoning for apartwhts for colored occupancy
would be too drastic a change ixmediately adjoining -a higher restricted single- Family
toned area on thick BHA commitments have boon issued. For that reason the Board has
not gone ahead with any hearings&»
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Councilman Carballo stated he still believes they could get better results if they oan
gat the Gautier property. The Williamson property is small, approximately 65 ft.-by 130'01-
150 ft., that it is not available, is on a dead and street. Before they go into this
they should exert every :effort to get more ground. Take time to work, outs
Councilmen, Corley suggested one other solution, condemn some of the property where the
houses are about to fall down and use the property for a colored park*
The matter was dropped pending further action by the Zoning Board*
At this point City Attorney Ruff presented Resolution #378, as follows:
RESOLUTION NO. 378
A RESOLUTION AUTHORIZING THE PURCHASE OF 25 MIAMI
DFti -100 IMPROVED FIRE HYDRANTS - 4 1/4" VALVE OPENING,
AND 25 6" R. D. WOOD AWWA GATE VALVES AND 25_'Re D.
WOOD CAST IRON VALVE'BOIl9;, AND PROVIDING FOR 'PAYMENT
THEREOF.
WHEREAS, the Council in regular session on September 19, 1950, passed a motion to
Advertise for bids for 25 -fire hydrants according to detailed specifications, together
with all necessary valves, and
"WHEREAS, in accordance with Charter provisional, legal notices for sealed bids wage
inserted in the MIAMI HERALD of Saturday, Dec. 23,'1950, and the MIAMI DAILY NEWS of
Friday, Deo. 22, 1950 . and the RIVIERA TIMES of Fridey, Dec. 22, 1950, respectively,
to be opened on January 16, A.D. 1951, and
WHMWAS considering all matters concerning the bid and delivery date, the firm
of R. D. 'WDOD COMPANY has provided the, most favorable bid,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE ;CITY' ODTMCIL OF THE CITY OF
SOUTH MIAM I t
That the said bid of R. D. Wood Company be accepted and order for 25 firo hydrants,
end 25 gate valves and 25 valve boxes, more particularly described in attached bid
at a net cash price of $103.10 each for fire hydrants, .145.20 each for gato valves and
$9.00 each for valve boxes be placed•
BE IT FURTHER RESOLVED that the 'amount of $3,932.5O ;in payment of this order be
drawn out of the 1950 -51 Cigarette Tax receipts as provided therefor in Ordinance #215•
Counoilman Carballo, seconded by Counc lman'Gresham, moved that Resolution No. 878 be
adopted as read. Notion carried by poll, as follows:
Corley yes Carballo yes Gresham yes 'Rebozo yes Prebish yes
F. -2. In connection' with an application for directional neon sign on the :Triangle
Building for the Loach Appliances Store at 123 Sunset Drive, the Zoning Board made the
following recommendations
"The Board reoommende rejection of the application of %*u Christensen, for erection
of a directional colorosoent neon sign, on the property of John Pratainek at l State
Highway, for thi LOACH Electrical Appliances located at 123 Sunset Driver •
29 On the grounds that this would be completely in violation of sec. 99, Ordinatee 1
and of section %IV of Ordinance 98
i
1
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Page -..4:
2e Is contrary to .good planning and
3. Might also constitute a traffic hazard due to reflection of light therefrom
near the traffio light.
It is further pointed out that the granting of this application would establish
a precedent encouraging similar applications by merchants already established on
Sunset Drive as well as future businesses in the Sunset Center now under construction.!
Electrical Inspector Gammage explained that the an was going to lease that wall space.
Councilmen Gresham moved that they accept the recommendation of the Zoning Board. Lost
for lack of a second.
Miter discussion, Councilman Corley, seconded by Councilman Carballu, moved that they
table the matter for two weeks. Motion carried.
L.-C. Proby, Attorney for Mrs. Grace Bower, stated he wants to prepare a chronology on
the matter. He suggested the appointment of -a committee of 3 to go over it and that
the group could make a recommendation back to the Council. The point is quite involved
as to the ownership of about 16 ft. outside of her rook wall. She is claiming only 6 ft*
lie will have to go back with a chronology and has therefore not presented the issue.
He will probably take written affidavits from some of the oldest citizens here. The
County taking care of that road, it may not be with the City at all. For those reasons
he believes it best, to save time, to have a committee meet with him.
Councilman Gresham asked what improvements were made on that property.
Mr. Proby stated it has been rocked in..
Councilman Carballo believes they should appoint that committee.
President Prebish appointed Councilmen Gresham, Rebozo end Attorney Ruff to that committee'
and asked them to report back when ready.
Resolution No 379 was next react, as follows+
RESOLUTION NO. 379
RESOLUTION GRANTING A VARIANCE PROD[ C-1 USE OF E. 160.7 F1.
OF S. 194 F1'., TRACT A BLOaK 1 ROSSIMOD, PB 13 PAGE 62,
DADE COUNTY, FLORIDA, OTHERWISE DESCRIBED AS 269 SUNSET DRIVE',
SOUTH MIAMI, TO VMLTER S. WILHELM, SR FOR THE PURPOSE
OF OPERATING THE i4fILHELM FUNERAL HOME.
WHEREAS, the Advisory Zoning & Planning Board has recommended granting the variance
described in the caption above,-
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE COUNCIL OF THE CIly OF SOUTH
MIAMI, FLORIDAt
That pursuant to authority contained in Ordinance No. 205, the variance stated in
the caption above is herein granted subjaot to provisions stated in the attached letter
dated January 15, 1951 from the South Miami Advisory Zoning & Manning Board.
Couno lesn Gresham, seconded by Councilman Carballo, moved that Resolution to• 3" be
adopted as reado motion carriedo
Paga - -5
G. The Clerk's report on the pending election was as follows,:
CITY CLERK'S REPORT CONCERTING PENDING MUNICIPAL ELECTION `l6 BE
HELD FEBRUARY 13, 1951 PER CHARTER AMENEUNTS, SECTION 4e
1. Name of 'DAVID RAY gIMBELL, listed for striking on list submitted January 2, 1951,
should be re- instated, per his affidavit filed, stating that his absence from
the City of South Miami was temporary and within the period of time permitted.
2. Election ,Board willing to serve and which should be certified to the Mayor for
his Election Proclamation, per Ordinance No. 193: (based on 4 machines)
Election Clerks Mrs. Pencie Helton
Inspectors: Mrs. Carrie Lou Shelley
Mrs. Florence Parrish
Mrs. Mattis Sapos
Mrs. Margaret Pinkard
Mrs. Eleanor Arendt
Mrs. W. 0. Tanner
Alternates: Mrs. Elizabeth A. Shelley
Mrs. Eliza J. Thompson
Mrs. Hilda C. Foyle
Deputy: W. S. C. Boyden
3• Total number of registered voters (subject to final check) 14150
4• Number of voting machines required by State Law is 3, but it is recommended by
the County Inspector that 5 be requested and ready to use, in the 'event of a
heavy vote.
59 The services of Frank Lewis, in charge of the coiinty''p voting machines, should be
approved for setting up and servicing the machines. There is no charge for the
use of the machines, but the City must pay for having them 'brought from the ware-
house and returned again, and for Mr. Lewis' time.
6. Printing 'needed:'
a. Two strips, 'giving offices to be voted for and names of candidates
for each voting machine and for each of 2 return sheets.
b. Election return shoot, in duplioate
oe Signature slips.
�
(This is based on using Items (a) and (b) can be furnished by the secretar y of the Coun s man f or
total of X35.00. g 5 machines)
For item (c) we have sufficient slips on hand from the special election of
June 4, 1950, which can be brought to date by means of a rubber stamp.
7• Candidates who have qualified, listed in alphabetical order as they will appear on
the ballot (per State Law) and as signed on their acceptance oath:
For Unyors Clayton Wo Acker
ftaford *6 Dom
John We 0• Fritz
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Page -6
For Councils H. Hollis Barrow'
H. P Bennett
J. M. Bryant
Julian L. Carballo
Edward J. Corley
Carl Gluck
A. G Gresham, Jr.
Hugh Miller, Jr
R. Bruce Preble
A. J. Rebozo
J. W. Strong,
Percival Arthur Tripp
W. A. Veazey
William J. Wallis
Councilman Carballo, seconded by Councilman Gresham, moved that they accept and adopt
the report as presented and request 5 tinting machines, as recommended. Motion carried,
by poll, as follows:
Corley yes Carballo yes '.Gresham yes Rebozo yes Prebish yes
Resolution No 380 was read, as follows:
RESOLUTION 'NO. ,380
A'RESOLUTION PROVIDING FUR A RUN -OFF ELECTION
ON 'FEBRUARY 27, 1951 IN THE EMIT NO CANDIDATE
FOR MAYOR RECEIVES A MAJORITY OF THE VOTES
CAST FOR MAYOR AT THE GENERAL ELECTION TO BE-
HELD ON FEBRUARY 13, A.D. 19514
MHEREAS, per Section 4 of the Charter of the City of South Miami as amended, there,
is to be a General °Election on February 13, A.D. 1951 at which a Mayor and five (5)
Councilmen are to be elected, and
'WHEREAS, pursuant to subsection (e) of the said Section 4 it is further provided
that the Mayor shall be elected by a majority of the votes cast for Mayor at that
election, and
WHEREAS, pursuant to said subsection (3) of Section 4, ;tun -off Elections shall be
held if necessary within thirty '(30) days from the date of the canvass of the votes
oast At the General Election, and
WHEREAS,,-three (3) candidates for Mayor have been qualified,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMICIL OF THE CITY OF
SOUTH MIAMI, FLOM Uf
1• Thht in the event no candidate for Yeayor receives a majority of the votes
oast for Mayor at the General Election on February 13, A.D. 1951, that a Run -off 'Election
between the two candidates receiving the highest 'number of votes be held on February 97,
1951.
2• That the Election Board searing at the Oaneral Election on Pabruary 13j A•D.
1951 be, and it is heraby, empowered to saris at the Aun -off Election on yebrusry 97,0
19510 should it be necessary to hold said #tun -off Election,
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Councilman Carballo, seconded by Councilman Corle y, moved that Resolution No. 380 be
Adopted as read. Motion carried.
In connection with the registration list, Mayor Acker suggested furnishing a copy to all
candidates. Those in office now have a list but le believes the new candidates should
also have one and,he would recommend that all candidates who have qualified be given
one copy free. The Council approved this and also instructed that additional copies
to them and to others be sold at 25.00 per set.
Recess was called at 9:40 P.Me and business resumed at 9 :55 at which time Councilman
Preble joined the meeting.
A letter from W. L Braokin was read asking if the City's 4z acres on Ludlum Road was
for sale.
Councilman Corley, seconded by Councilman Carballo, moved that Mr. Brackin be advised
that the property is not for sale at this time. Motion carried*,
Councilman Carballo, seconded by Councilman Corley, moved that Ordinance #226, caption
of which follows, be placed on third and final reading in its entirety. Motion carried,
and Ordinance #226 read in its entirety.
ORDLNANCE NO. 226
AN ORDINANCE DEFINING THE STATUS OF DAY LABORERS
FOR THE SANITATION DEPARTMENT AND FIXING A PRO-
BATIONARY PERIOD FOR ALL_NEff EMPLOYEES OF THE
CITY OF SOUTH MIAMI, FLORIDA.
Councilman Carballo, seconded by Councilman Preble, moved that Ordinance No. 226 be
adopted as read. Motion carried by poll, as follows:
Corley yes Preble yes Carballo yes Gresham yes Reboso yea Prebish yes:
Councilman Corley, seconded by Councilman Carballo, moved that Ordinance No. 227,'caption
of rich follows, be placed on first reading in its entirety. Motion carried and
Ordinance No. 227 read in its entirety
ORDINANCE NO. 227
AN ORDINANCE PROVIDING FOR ABSENTEE ,'BALLOTS FUR
ABSENT VOTERS FOR MUNICIPAL ELECTIONS IN THE CITY
OF SOUTH MIAMI, FLORIDA.
Councilman Corley, seconded by Councilman Carballo, moved that Ordinance No. 221 'be
placed on second reading by caption only. Motion carried and Ordinance Noo 227 read
by caption onlye
Councilmen Corley, seconded by Councilman Carballo, than movod' that Ordinance No 227
be placed on third and final reading, as an emergency ordinance, in its entirety. Motion
carried and 'Ordinance Noo 227 'road in its entirety.
Councilman Gresham: seconded by Councilman proble, moped that Ordinance 2100 2 27 be
adopted as read. Motion carried by poll, an followas
Corisy yes Prablo yes Carballo yes Oreshdm yes Haboro yes Prebish yen
Vw report of the Peracutial board was made by bra '111arp, as foilowss
Page --8
Of the 55 applications received for the vacancy on the police department 5 were
residents of 'South Miami, the others were not. The card screened these applications
and interviewed 8 applicants. Anthony S. Baggetthj withdrawn his application. The
3 chosen for recommendation were as follows:
le Bernard Welkind
2 Peter Scheer
3. Jack Atwood
Chief McKinney staged the Board. chose 2 of the 3 men he recommended. He will go; along
with the Board.
Councilman Rebozo stated in view of the fact that the City has a Board that has given
much time and is sincere in its recommendation, he moves they accept their first choice-
Bernard Welkind - and put him on a probationary appointment for six months at $200.00
per month including uniibrms.
Councilman Corley seconded that taotion.
Councilman Gresham suggested supplying the cap, 2 pair of pants and 2 shirts.
Following disoussion re: uniform costs, motion carried by poll, as follows!:
Corley yes Preble yes Carballo yes Gresham yes Rebozo yes Prebish yes
The following bills were submitt6d for approval and payment:
Ted, Crockett 11.01 ice
Fla. Power & Light Coo 304.86N• StreaU lights'
Fla. Times Union 19.64% Ad for bids (Sanitation Dept.)
Miami Herald' 5.204 Ad for Police Officer
A. C. McGarey 9.60r transfer service
350.3 payable out of GENMAL TUID
Councilman Gresham, seconded by Councilman Carballo, moved that the bills be paid as
read.
Motion carried by poll, as follows:
Corley yes Preble ';yes Carballo yes Gresham yes Reboz:o yes Prebish yea
Chief McKinney broughb up the 'mattor of sending the police officers to the Miami Police
Academy at no cost to the City, except that the Academy requires the man placed on salary
and not allowed to work at the tine he goes to school. lie believes every police officer
of South Miami should be a graduate of that school The course lasts 8 -rooks. The City
needs to hire a part time police officer to replace the man while going to school. He
suggested that a ooumiitteo be appointed to look into thine Perhaps they can work out
something where the auxiliary police could help on that. It would be money well spent.
Councilman Preble suggested that Chief Mcgirney Oring this before the next ;Council•
Dr. Tharp believes the Chief is on the right track with that proposition. The City should
provide what it can for brood training.
Councilman Raboto stated that 8 roan on -the force would take 16 monthse
� Gwen gas u
2rA oble,s ebrunry
seconded c o ied•
Carballop eved the Radix Servioo Station be;
The rbetit,g was adjourned' is regular order a epproximntely 1 38
ATTrsts
City,,Cierie e9i9e40 City Cowell