1951-02-20 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING OF 'THE
CITY COUNCIL OF SOUTH 'MIAMI HELD TUESDAY
EVENING, FEBRUARY 20, A.D. 1951 AT THE
COMMUNITY BUILDING•AT 8 :00 P.M.
The meeting was called to order by President Prebish with Councilmen Rebozo, Gresham,
Carballo and Prebish responding to roll call. Mayor Acker and Councilman Corley
joined the meeting during the reading of the minutes.;
Minute.; of the regular meeting of February 6,, end of the special meeting of February 16
were respectively read and approved as read.
PETITIONS & COM1v1UNICATIONSs
a. Hearing on the confirmation of assessment roll for H -19.
President Prebishrread a copy of the notice for the hearing, Thich had been
sent all interested property owners and advertised by legal notice in the RIVIERA
TIMES of 'February 9 ' N. J. Beaver, representing the South Miami Baptist Church, asked
the cost per foot and questioned vidiether the church would be exempt from these liens.
The Glerk reported that in a prior assessment roll the City Attorney had ruled that
liens were payable and that the South Miami Methodist Church had paid its lien but
that the .Church was given the privilege of making the payments in installments with
no interest charge.
Councilman Carballo, seconded by Councilman Corley, moved that they give the Baptist
Church the same privilege as the Methodist Church, paying over a period of 5 years
without interest.
Following discussion, in which it was suggested that a resolution be drawn exempting
all churches, Councilman Corley stated he is willing to withdraw his second and
Councilman Carballo withdrew his motion.
President Prebish stated he. would recommend confirming the roll,, then there are still
30 days in which to settle the liens, and read Resolution �k383, as follows:
RESOLUTION NO. :383
A RESOLUTION CONFIRMING THE PRELIMINARY
ASSESSMLET ROLLS FOR HIGHWAY IMPROVEMENT H -19.
WHEREAS, the Council of the City of South Miami, Florida, met on February 20,1951
pursuant to legal nobico of said meeting under Section #54 of the City Charter to hear
all written objections to the confirmation of the Preliminary Assessment Rolls for
the cost of work in high%,my district H -19, and
IMEREAS, no objection thereto was made by any person interested in or affected'
by said rolls and the said asaoscment rolls appearing in all respects regular and in
accordance with the requirements and provisions of the City Charter.
Nag, TRER1,10RE, BN IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF 'AiE CITY OF
SOUTH MAtiMls -
l. That the prima facia asaeaamant as apportioned and indicated on said Pre-
liminary Aaaosomft Hulas bo and it is hereby in all things confirmed and sustained
against any and all lots or parcola of the ground describod thorein.
Page - -2
2e That the sums or amounts assessed against each of the lots or parcels of
ground in said Preliminary Assessment Rolls are less than the amount that each
of said lots or parcels of ground is especially benefitted by said improvement and;
that such amounts are in proportion to the special benefits that the property re-
ceived and according to frontage, and not in excess of the special benefits to the
property assessed.
3. That the total costs of said improvem3nts in the sum of $3,797.20 for H -19 be,
and the same area hereby approved and confirmed
4. That thirty days after the above confirmation of assessments, the amount
Apportioned and assessed against each lot or parcel of ground shall be due and pay-
able at the office of the Idayor at the City Hall, but that if the owner of any lot
or parcel shall file with the Mayor before such date on which full payment is re-
quired, his or her Written undertaking waiving all irregularity and illegality in
connection with the said assessment, against such lot or parcel, he or she shall have
the privilege of paying the same in equal annual installments in each of five succeed-
ing years, with interest upon such deferred installments at the rate of six percent
(6.) per annum, payable annually from the date on which such assessment would be due
if such undertaking were not filed.
Councilman Carballo,_seconded by Councilman Gresham, moved that Resolution M83 be
adopted iAs read. Motion carried by poll, as ,follows:
Corley yes Carbello yes Gresham yes 'Rebozo yes Prebish ye
It was suggested - that the City Attorney be consulted and if possible, a resolution be
drawn exempting all churches from improvement liens.
b. Application of James & Bro. for permit for one non stop bench location.
* The locution requested was in the parkwav at Red Road and the Highway which had been
O.K.'d by the Chief of Police, and is a location at -which Bus Benches, Inc. had al-
ready granted , to the service;
read been ranted: two permits, but has moved bench across the street
station.
Following discussion:, Resolution No. 384 was real, as follows;
RTPISOUJTION NO.. 384
A RESOLUTION GRANTING JAY7Z & BRO. PERMISSION
TO PLACE AND 'MAINTAIN ONE (1) .BENCH AT A
SPECIFIC NON -BUS STOP LOCATION.
'TIMEAS, request hae been received for an advertising bench at the following
location
Red Road and State Highway (Dixie Rd. in application), and
YVI:EREAS, the Council has discussed this question at a regular Council meeting
and has heard the arguments of those concerned and being otherwise duly advised in
the promises,
NOVI, THEMEOR , BE IT RESOLVED BY THE MAYOR AND THE CITY 'OOUNCIL >OF THE CITY
OF SOUTH MIAMI, FLORIDA: -
That in pursuance of Authority contained in Ordinance No, 211 there is hereby
granted permission to JAMES & BRO. to place and maintain at the location stated above
one (1) advertising bench for the convenienco of the public.
Page -�3
Councilman Carballo, seconded by Councilman Corley, moved that Resolution No. 384 be
adopted as read. Motion carried.
c. Letter to R. C. Gamnage,'Electrical Inspector, re: amateur radio station,
IV 4 PZC's interference on radios and television sets, signed by owners of 14 sets in
the UNIVERSITY PARK Subd.
Mr. Gammage gave a report, stating he had checked the matter upon receipt of the letter,
that the only thing conflicting with Ordinance No. 191 is his violation in not taking
out .a permit (-frith which Mr. Stephens was not familiar), the Underwriters' code in
regard to a ground installation on radio masts has been violated and there is Ia matter
ree the lightning arrestors.
Councilman Gresham suggested, appointing a coimnittee to see if this station is 'causing,
the interference'.
President Prabish suggested, letting Mr. Gammage work with ter. Stephens and report to
the next meeting.
d. J. H. Baird, re. ad in program of the South Florida Horse Show programs
He stated that the profits from the horse show were to be given to the Variety Children's
Hospital
At this point (9 :30 P M.) Attorney Ruff joined the meeting.
Mr. Baird suggested that South Miami take a 1 -page ad for $75.00, ' stating that half e
page would be $50. The show is to be held March 18 thru March 18.
Councilman Corley, seconded by Councilman Carballo, moved that the City buy a full page
ad for $75.00.
Councilman- elect Barrow said he would be in favor of spending the money, to advertise
the City
Councilman- elect Gluck said if the profits are going to the Childrens' Hospital he was
in favor of it.
Councilmen elect Bryant also agreed.
Motion carried by poll, as follows:
Corley yes Carballo yes Gresham yes Rebozo yes ,Probish yes
Councilmen -elect Barrow suggested tying the City's nearness to the Hospital, in to the ad*
Councilman Carballo, seconded by Councilman Corley, moved that Ordinance No. 228, caption
of which follows, be placed on third ani final reading in its entirety. Motion carried
and Ordinance No. 298 read in its entirety.
OADIiIAUCE NO. 228
All ORD131PI CE Hl RIDING THP, TIE l ITOAIAL LIMITS OF THE
CITY OF SOUTH MIAMI BY ANNEMIG TRACT 3 -C AL'TA TEt7t ,
RLV139D PLAT 35 -26, PUBLIC REODUDS OF DADE aoull Y, k1Afi bA.
Councilmen dlroaham, ascondod by Gduncilsan Corley, moved that Ordinance #228 be adopted
as reade ;lotion carried by poll, " tollows t
Corley yso Carballo yes Grd&am Yea Raboro yes Probish yan
W
Page-4
Reports of Standing Committees were as follows:
Sanitaryls; Nothing at this time.
Finance: In the absence of Chairman Preble, the Clerk reported_, receipt of the semi-
annua sLudit from Dunn- Rankin & Co;., and the receipt of two checks from the State for
cigarette tax, as follows: ,Jan 11, $'4062.71 for the November tax, and :Feb. 10,'
$4359.11 for the December tax.
Fire's Chairman Carballo stated he had taken it upon himself, to write Ralph Coker a
'totter re: his :heroic work at the recent fire and would like it made a matter of records
„ thanks of the City
of South 1Miami tand thesFire Departmentepersonnelafor your gallant help during yesterday's
fire. It is highly regrettable that an infant's life was onded and that your un-
selfish efforts did not aocomplish: what you so kindly tried to do. Our Lord, no
doubt, had other plans and in His great wisdom dictated different, and, we must follow
His commands.
I am sure that all'our citizens feel as we in the City administration do- and I
am proud of the opportunity to thank you in theirs and my name."
Chairman ;Carballo reported re: the hydrant originally intended for Red &, Bird, to be
purchased by property owners there who decided not to take it and cancelled the order,
but the hydrant was shipped and is available to the City for $G84.30. He wants to
keep its it is a'standard hydrant and he would like to put it back of the lumber yard,
at No. 2nd. Road and No. 2nd. St. It was agreed to purchase it and include in the bills
to be approved for payment tonight.
Councilman Preble joined the meeting at this point, 9:45 P.M.
Chief Melton had reported the two plugs installed by Consumers Water Co (1 at N 4th.
St. and No. 5th. Ave.. the other at Sunset and No. 4th. Ave.) in working order but
Chairman Carballo stated he 'did not order them and does not want to have anything to
do with them.
It was pointed out that the one at N. 4th. St. and N'. 5th. Ave. had been installed as
a test plug, but the one at Sunset Drive and N. 4th. Ave. was installed without order.
Following discussion, Councilman Gresham, seconded by Councilman Preble, moved that
the matter be tabled. Motion carried.
Police: Chairman Rebozo reported that the Call Box from the colored section had been
installed, the smonthly charge to be $12.660
Buildings: Absent
Streets & Parks: No report*
Special Committees= Councilmn Carballo, re: the Frost matter, reported that the
paving is on his property, and rei the water line across the street, Mr. Frost claimed
that A. B. Core gave him peraission, but he had been unable to check with Mr. Cores
x14000
Mr. Frost owes the City 0215.00. lie has an offer of 1160 for the lots but cannot
sell until this matter is cloared up. The City awes him $;200. The corner is no good
to 'him because of the angle but good to the City. He suggests an agreement whereby
the City will overlook +lie 21600 lien and the trade will be set. Councilmen
Carballo suggested the proposition be made to Mr. Frost.
Page - -5
Councilmen Rebozo said that -Mr. Frost by his own statement 'says the well has been there
for several years. Also, by his own statement, he placed the water line (about 212°
pipe) over public property several years ago. Wien asked if he would consider an even
trade or deed to the City that sharp corner, he indicated that he would not be sat -
isfied. He also indicated that he might have a.. legal claimagainst: the City because
of the fact that the water line was out for his fish - -- thousands of dollars.
However, it is a question in Councilman Rebozols mind if he had the ritht to lay that
water line. He feels an even trade of the corner for the lien would be the solution
but Cdr. Frost is not,wi'lling.
Attorney Ruff, re: the statute of limitations against his claim for the fire well,
recommended that the offer be made that the small triangular section would be pur
chased from him at the exact cost of his unpaid liens.' -
Councilman Gresham, seconded by Councilmen Corley, moved that the City Attorney be
instructed to enter into negotiations with Mr. Frost along that line. Motion carried.
Councilman Rebozo, re: property next to the bus station, (Mrs. Bower's) asked if any
settlement had been arrived at yet. He believes the committee should be disbanded
and 'let the matter be taken up by the incoming Council.
The following bills were presented for approval and payments
BILLS PAYABLE - - Feb. 20,, 1951
Board of Co. Commissioners 25.001,4 Time of supervisor on voting
machine, fib. ia - lecA ;cn
Cauley & Martin 227.33' additional premium WC pol.
137.50' Premium - Volunteer Firemen
y City of Miami 50.00` Police radio
J
Fla.-Power & Light Co 80.25' Xmas lighting
Frederic Dunn - Rankin & Co. 300.00-`�Dec, 31 addit
Southern Bell Telephone & Telegraph Co. 32.08 "`Service & installation
Call Box Colored Police tb,3
M. A White 35.00';ballot strips & return sheets.4,4
R. D. Wood Co. 84.30 .4 Fire hydrant v�
Totaling _x.466 payable out of GENERAL FUND
Riviera Times 4.00 •Legal Notice - H -19
Totaling TOO payable out of RESERVE FUND
Councilman Carballo, seconded by Councilman Preble, moved that tho bills be paid as reads
Motion carried by poll, as follows:
Corley yes Preble yes Carballo yes Gresham yes Rebozo yes Prebish.yos
The meeting adjourned in regular order At a proximately 10:15 M.
5,
rest ent, City Counci
ATTEST=
r
City Clerk