1951-02-06 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF SOUTH MIAMI IiELD TUESDAY
EVENING, FEBRUARY 6, A.D. 1951 AT THE
OUIS LAITY BUILDING AT 8sOO P.M.;
The meeting was gilled to order by President Prebish at 8:25 ,P.M. with Councilmen Corley,
Gresham,,Rsbozo and Prebish, Mayor Acker and Attorney Ruff responding to roll oalle
Minutes of the regular meeting of January 16th. were approved as read.
PETITIONS & CONMUNICATIONS -s
a• A letter from the Everglades Drainage District, West Palm Beach office,, was
read, offering the City a tax deed for $1.00 for a 10 ft. lot in ALTA TERRA SUBDe
originally reserved for a pumping station. Following discussion, Councilman Gresham,
- seconded by Councilman Rebozo,>moved that the City Clerk be instructed to take the
necessary steps to obtain title for the City to this property. Motion carried by poll,
as followss
Corley yes Gresham yes Rebozo yes Probish yes
be The following recommendation was received from the Advisory Zoning Board's
"it is the recommendation of this Board that Mr. Matthews be issued permits,
upon proper application therefor, for alterations and additions to his premises,
legally described as
Lot 42 UNIVERSITY PARK PB 18 -46
accordance in with the provisions of an INDENTURE executed by him and his wife, copy
of which Is hereto, and the original to be placed on record with the Clerk
of the Circuit Court for Dade County.."
Councilman Gresham, seconded by Councilmen Corley, moved that they accept the recommendation
of the Zoning Board. Motion carried.
At this point Councilman Carballo joined the mooting.
a Application for transfer of beer and wine license (for consumption off the
premises) from Joe Gong, operating, as Joe's Market, to Richard Temple, who has purchased
the business and is operating it under the name of Joe's Market, also,
Councilmen Corley, seconded by Councilman Carballo, moved that they authorise the trans
for of the_bser and wine license, as requested, from Joe Gong to Richard Temple*
Motion carried. -
e. The question of rhother qualifying petitions shall, be open for inspection had
boon raised and Attorney Ruff stated he had received conflicting rulings, in his checking`
with other municipalities, and therefor reforred the matter to the Council*
In the g$cc lws tlghs petition r s can-
didate might in to asecret ballot* Is hisrecommendation
that if someone has a valid reason to question a petition, that he be allowed to in-
spect same He does not recommend public display.
Councilman Orosham moved they accept tho advice of the City Attorney on the petitionse
If there Is aqy valid reason shown, then the petition be shown# lotion lost for lack
of a seconds
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Following discussion, Councilman Rebozo, seconded by Councilman Corley, moved that they
declare petitions public records.
Motion carried by poll, as follows:
Corley yes Carballo yes Gresham no Rebozo yes Prebish yes
W. S. C. Boyden asked regarding the possibility of the 5th. end 6th. candidates for
Council being tied. Has a run -off been provided for? Following discussion it, was de-
cided the matter had been taken care of. (See Resolution #3130 -A later in minutes.)
f. Mayor Acker presented the following proolamat onr
YBEREAS, in His Infinite Wisdom Almighty God has seen fit to take from us our be-
loved friend, J. Re "Uncle Jim" Collar, and
MHEREAS, his 'passing is a shock'to our community and a loss of a loyal civic worker,,
and
MEREAS, he ,labored in harmony with his neighbors and fellow citizens to build his
oommunity, and
MHEREAS, he served a two year term as councilman of the City of South Miami, helped
organize the Volunteer Fire Department, serving as its secretary and gave to the City
the handwork of his skill, the beautiful inlaid council table.
NOW, THEREFORE, I,' CLAYTON W. ACKER, MAYOR OF THE CITY OF SOUTH MIAMI, FLORIDA, m
HEREBY PROCLAIM&
That in the passing of J. Re "Uncle Jim" Collar, South Miami has suffered the loss
Of a loyal friend and worker whose influence will long serve the cause of right and
betterment to his - fellowmen and community.
That this Proclamation be spread upon the minutes of the council of the City of
sympathy and sincere condolences
copy y expression of our
South Miami in his memo and a co sent to his family as an o ression
GIVEN UNDER MY HAND AND THE OFFICIAL SEAL of the City of South Miami, Florida, this
22nd. ;day of January A.D., 1951•"
Councilman Carballo, seconded by Councilman Gresham, moved that the Mayor's Proclamation
be ;spread upon the minutes Motion carried by poll, as_followss
Corley yes Carballo yes Gresham yes Rebozo yes Frobish yes
B. L. %hompson, nee "Uncle Jim" Collar, stated South Miami would be batter off if it had
had more citizens like him.
Councilman Carballo, rot the run -off election, raised the question of a statement of
accounts for those in the run -off.
Attorney Ruff gave an explanation rot accounting, as set by Florida law, but cannot re-
call the question or any expense account its municipal elections.
*s. Edith Coyne presented s written reguegt for a koisnel license at her residence,
r 327 ,South 1st. Avenue# for the breeding of small dogse
COUddl ftU Croshains asoondod by Councilman Corley,, moved that the roquest be referred
to the Zoning Boajrd.
Psge -�3
Following objections voiced by neighbors, Councilman Greshara,;seconded by Councilman
Corley, withdrew his original motion and moved that the request be denied. Motion carried*
h. Attorney Ruff, in his report on the Injunction, stated it had been made permanent
and the City ordered by the Court to,pay William J Wallis 820.15 for his costs in con-
nection with the injunction.
Councilman Carballo, seconded by Councilman Corley, moved that $20.15 be paid to William
J. Wallis in accordance with final decree. "Motion carried by poll, as follows:
Corley yes Carballo yes Gresham yes Rebozo yes Prebish yes
Attorney Ruff. re: accounting by candidates, advised that if there is no City committee -
then the County can use its own 'committee or designate a committee. We have no committee
and the County has none, so he does not feel the City is obliged to concern itself
with the candidates' statements re: accounting.
d. OPENING OF BIDS FOR SANITARY'SERVICE& The only bid received, ,following calls for
same per legal notices in the Miami Herald and the Florida Times -Union of Jacksonville,
was that of Sanitan Inca for a total of $38,400.00. President Prebish read the bid
and accompanying questionnaire, bond, etc., in full.
Councilman Preble joined the meeting at approximately 9:25 P.M.
Following discussion, Councilman Gresham, seconded by Councilman Carballo, moved that
action on the bid of Sanitan, Inc. be tabled for action by the incoming Council and that
the bond be released.
Motion oarried.
Under Unfinished Business, the matter of the Zoning Board's recommendation re: signs was
again considered.
Councilman Gresham, seconded by Councilman Preble, moved that they accept the recommendation
of the Zoning :Board (see min. Jan. 16, page 3, item F.2.)
Following discussion, motion carried by poll, as follows
Corley yes Carballo no Preble yes Gresham yes Rebozo yes Prebish yes
Councilman Gresham,;seconded by Councilman Carballoo moved that Ordinance No. 228, caption
of which follows, be placed on first reading in its entirety. Motion carried and
Ordinance #228 read'.
ORDINANCE 110. 228
AN ORDINANCE EXTE21DI14G THE TERRITORIAL LIMITS OF THE
CITY OF SOUT4 MIAMI BY AN1%'E)XNG TRACT 3 -0, ALTA TERRA,
REVISED PLAT 35 -26, PUBLIC RECORDS OF DUDE COUNTY, FLORIDA.
Thereupon Councilman Gresham, seconded by Councilman Carballo, moved that Ordinanco +228
be placed on second reading by caption only. Motion carried and Ordinance #228 read by
caption only.
Resolution No. 381 was road, as follows:
RESOLUTIOU :U04 33
A RPsOUVIO11 AUVOldZING rA9 TING -OPP OF DELIKUMIT
PIM5011AL IVOIS 9 TAW POA VIE Yl d.'tS 1042 TO 1949 I11CLVJ1IVP,,
D9TWI1;ED TO BE MICO ECTIO .
Page - 4
MEREAS, there are still outstanding delinquent personal property taxes for the
years; 1942 through 1949 carried as assets on the books of the City of South Miami, and
YEEREAS, after a careful scrutiny of said outstanding delinquent personal. property
taxes, it appears that the following must be determined to be uncollectibl'e, fo
Various reasons, per attached list, to -wits !edt}ac N a Res) �t nc�
h d to ar;� nal core
Y&EREAS, it is the ;recommendation of ` the auditor that these taxes be written off.
NOW,'THEREMRE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF SOUTH MIAMI,
That the above listed delinquent personal taxes be written off the books of the
City of South Miami.
Councilman Carballo, seconded by Cou#oilman Preble, moved that Resolution No. 381 be
adopted as read*
Motion carried by poll, as follows:
Corley yes Preble yes Carballo yes Gresham yes Rebozo yes Prebish yes
Leo Glasel,;re: instructions to the election officials in accordance with resolution and
in accordance with the election laws, that when the canvass of votes takes place,, that
the public be admitted'. The public has a right to be in there.
Attorney Ruff stated the County policy is to authorize one person per candidate, be
limited to one per candidate. They would be there all night if the place were full.
W.S.C. Boyden.
Councilman Carballo said "Go by State Law."
Councilman Gresham, re: the matter of a firewell on the property of Arthur W. Frost at
the corner of No. Dixie Road and No. 4th. St., and other damage claimed by Mr. Frost
reported on his conferences with Mr. Frost and asked the Council to consider the matter.
President Prebish asla d about a committee*
Councilman Gresham suggested possible rental for the well, took up the matter of the
pipe across the road, and stated Mr. frost claimed the former Councilman Maples had given
him permission to lay that.
Henry Fuller stated he was representing Mr. Frost.
President Probish named Councilmen Carballo and Rebozo a committee to check and asked
Attorney Ruff to assist, if necessary.
To avoid any question, it was decided to amend Resolution No. 380, to read as follows:
RESOLUTION NO. 380-A
A RESOLUTION PROVIDING 117R A RUN -OVF ELECTION ON FnMUARY 27,
1951 IN THE EVEIT NO CANDIDATE FOR MAYOR RECEIVES A 14AJORITY
OF THE VOTES CAST FUR MAYOR AT THE GEIJERAL ELECTION TO BE HELD
ON 11BRUARY 13, A.D. 1931, A;JD/OR IN THE WHIT OF A TIE IN
THE 'TOTES FOR OOUIJCILI Y
WHEREAS, per Section 4 of the Charter of the 'City of South Miami as amended, Chore
is to bd a General Election on February 15, A.D. 1951 at Which a ;.:
Page - -5
WHEREAS, pursuant to subsection (8) 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
r
WHEREAS, pursuant to said subsection (e) of',Section 4, Run-off Elections shall be
held if necessary within thirty (30) days from the date of the canvass of the votes cast
at the General Election, and
WHEREAS, three (3) candidates for Mayor have been qualified.
NOW, THEREFORE, BE IT RESOLVED BY MIE MAYOR AND THE CITY COUNCIL OF THE CITY OF
SOUTH MI MI, FLORIDA:
1. That in the event no candidate for Mayor receives a majority of the votes cast
for Mayor at the General Election and /or in the event that a tie -vote results in election .
for the Council on February 13, A.D. 1951, that a Run -off Election between the two
candidates receiving the highest number of votes for Mayor, end /or between the candidates
tied for the Council, be held on February 27, 1951•
2. That the E]e etion Board serving at the !General Election on February 132 A.D. 1951,
be, and it is hereby empowered to serve at the Run -off ,Election on February 27, 1951,
should it be necessary to hold said Run -off Election.
Councilman Gresham, seconded by Councilman Carballo, moved that Resolution No. 310 -A;
be adopted as read. motion carried.
I+Irs. Raymond Hoodmaker asked about the black- topped roads being put in and the possibility
of South 12th. Street being done. Councilman Gresham explained the procedure, and the
lien against the abutting property.
The following bills were presented for approval and payments
BILLS PAYABLE' - January 31, 1951
Governmental Guide 3.00' =Fla. edition
John Ruff 200.00° legal services
City of Miami 50.,00K police radio for January
Bailey Lumber Yards 91.70 - %lumber, nails, etc•
Bob's University Service Station 3.931 1 rotor, rod clvaner
Cauley & Martin 1,$76.36�'Tnsurance
Consumers Water Co. 115.60 hydrant
Ted Crockett 13.79h ice
Dayton Fire Equipment Coo 90.00%,hose expander & segments
DeBoliao 30.00 V\ viork on SP equipment
Donning's 7.12 IN hardware
Dotson Tire Company 22.00N' recaps
Be H. Eying 334.37 \\ gas, oil, etc.
Farrey's "lholosale 10.73 It, tubs-
Fla. Power & Light Co. 304.06~ street lights
Foerster Electric Co. 39.88` repairing lights City Hall
Mr. F'oster's Stofe 13.77t office supplies
R. Ce Gammage 374.704 fees, for inspections
Be V. Goodrich Coe 431.704'10 tires & tubes
Gulf Oil Products 14.96 "4' oil
Highway Uotor Service 103.400Piro truck radiator repairs
Holsum Lunch 15e20� prisoners' meals
Huskamp Motor Co. 9.24• carburetor
J. Frank Knorr 3.00,' 15gk Kidde seat
Loyd's Garage 116.981,.repa rs to equipinont
r R
Page - -6
Material Sales Corp. - 2.50't' pea rock
A. C. McGarey 9.90 ,title transfers
Miami Daily hews 9.2441 legal notices
Miami Herald 13.23: legal hotices
Miami Tire Re- treading, Co. 189.00 tires
Miami Uniforms 49.00 uniforms
Miro- Flex :Co., Inc. 22.43% signs
Pan American Tailors (C.C. Sprinkle) 60.90 a uniforms
Petty Cash 21.25 'per itemized list
Phillips Typewriter Co 4.50v" typewriter repairs - ribbon
Redix Service Station 8.001 "repairs
Riviera Times 14.06�klegal notices
So. Dixie Auto Parts 3.00a',truck side mirror
So. Miami Atlantic Serv. Sta. (*.Millar) 12.43 }' gas &, repairs
Stembler Adams Frazier Ins. I'nc. 10000 � Sheriff's bond- Md{inney
Turner Auto Paint '& Trim Shop 77.3.0 repairing police car
Williams Printing Co 6.73 N1 rubber atampa
R.D. Wood, Co. 94.00 �, hydrant
Totaling r=4,=94=8=.6a payable out of GENERAL FUND
Cecil T. Carter 45.00 "''bulldozer & transp. rental
Denning' a, 'Inc. 1.7541 hardware
E. H9 Ewing, 136.09'"gas, oil, repairs
Mangum Asphalt Coo 635.:50,ti oil
Material Sales Corp. 127.80,Apea rook
Oclite Rook? Coo 754.80,^ pit rook
Totaling W,600.94 Payable out of RESERVE` FUND
PETTY CASH ITEMS,- January, 1951
Recording plat; A -7 1.00
Stamps C -3' 3e00
gas allowance - Jan. C -6 5.00 C 8000
stamps; S -5 3.15
stamps Postage & Refunds 6.00'
express on sign material SP -6 3.10
Totaling 21.25
Councilman Carballo, seconded by Councilman Preble, moved that the bills be paid as read.
Motion carried by poll,, as followss
Corley yes Preble yea Carballo yes Gresham yes Reborn yes Prebish yes
Councilman Carballo stated that G. L. Willis has completed his 6 months on February 2 and
is the only fire or police officer under $200.00 per month, 'making ; only $1$0.00, that
Chief Melton had agreed he should be raised to $20000.
Councilman Carballo, seconded by Councilman Preble, moved that G. L. Willis salary be
raised to $200,00 -per month, effective February le Motion oarried by poll, as follows#
Corley yea Preble yes Carballo yes Gresham Yes Rebozo yes Prebish yes
Mayor Acker brought up the matter of sleeves for the fire hydrants, stating that they are
attached to the valves and he will attempt to get a latter from Consumers Water Company
for a competitive prices
The meeting xis adjourned in regular order at ofoproximat ely too M
ATTEST
/ 4 A i ow
Presiders , City Council