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1951-03-27 MINUTES OF ADJOURNED CITY COUNCIL MTG_ 11 MINUTEs OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF SOUTH MIAMI FIELD TUESDAY EVENING,, MARCH 27, A. D. 1951 AT THE OOMMUNITY BUILDING AT 8:00 P.M. The adjourned meeting was called to order by Mayor Fritz with all members of the City Council and Attorney Ruff responding to roll calla Mayor Fritz reported some communications received since the meeting was adjourned on March 20 but as they were pertinent to the meeting he would like to read them., 1. Wires were sent to the congress members at Washington re: the Homestead Army Air `Base re- activation and he read the replies from the followings 1. A letter from Rep_. Dwight L. Rogers 2. A wire from Son. Smathers 3 A wire from Senator Holland 2. A letter from the Dade County Defense Council on defense week, and the proclamation issued by Mayor Fritz. 3. An invitatian to the Mayor and City Council from the S outh Miami 'District Chamber of Commerce to attend the March 30 annual membership mooting. REPORTS OF SPECIAL COM`,KITTEES s - Councilman Gresham, ro: the church sign, reported 'a Chamber of Commerce Board of Directors meeting re: the entrance sign, and their committee's suggestion to put up s sign with all churches listed and all civic groups. Councilman Gresham stated they have 2'designs and if the groups all moot together they may decide on a definite sign. Mayor Fritz asked if all ministers and all churches in South Miami have been contacted, stating he believes all churches should have an opportunity of joining in the sign. WATER BOARD& In the absence of the Chairman, Mayor Fritz asked Mr. Coker whether he had a report, but Mr. Coker said he had none to wake, that they had had a mooting 2 weeks ago, which was more or less a regular meeting, and nothing new had come up., Mayor Fritz stated he does not believa the citizens and some of the Council are award of the amount of work the Water Board has done and the progress made# and he-wants to commend the 'dater Board for the work they have done. Mayor Fritz asked Mr. Coker to convey to the Water Board the desire that a copy of the map be made that the 'dater Board is working from, for exhibit at the City Hall. ZONING BOARD: In the absence of Vico- Chairman Brown, there wan no report. Mayor Fritz, re: the joint meeting last Friday between the Council and the Zoning Board, said that out of that mooting will come a better ,plsnnod Zoning; and 'Planning program. REFORTS OF STA:fSt 0 COLD,!MkES Stroats & So rorsa Chairman Glue: 91x;is a writton ropoet for the fir,t moot n of each mop . hey have complotod S atroets a3 to oilifig and r tilling in the north; end of she Ci..y. Page - -'2 ry They 'put a coat of asphalt oil on 2 streets off Sunset. He hopes to have saved the life of those pavements for 5 or 6 years. At present they are patching up some other bad places with the idea in mind of covering with asphalt oil. Re. the complaint of dust, on the rock surfaces, that is just a, temporary situation. Building and Parks: Chairman :Barrow said ho will have a report at -the first meeting of the month. They have started to clean up around the City Hall, including a sign. Public Safety: Fire and Police, Chairman Gresham reported on 3 or 4 grass fires, and that he had to come up and take out one of the tnicks while the other was out on a fire. Mayor 'Fritz, re: the Spaulding complaint on the live stock of the neighbors. Y Councilman Gresham reported he had looked that up once before. Will check again. What if no one claims the chickens? Mayor Fritz believes he should; determine the owner and then notify them to comply with the Code. Mr. Boyden thinks it just about time that something radical should be done about the fife department. He would like the Council to seriously consider enlarging the fire department. He thinks it should have 6 men, 2 on duty at all times viorking 'on B hour shifts. Mayor Fritz stated no business is to be taken up by the Council except when presented in writing and suggested, to Mr. Boyden that he, or thru his efforts s one organization, bring this matter before the Council with a written recommendation. - Sanitation: Chairman Corley reported that they have run into a situct ion at the dump, ... t as 'never been surveyed, they want to go back quite a distance but believe they mast have a survey made before doing that to be sure they are on their own property. Following; discussion, Councilman Barrow, seconded by Councilmen Gresham movod as follows: Be it resolved by the City Council that a survey be made- imnediately of the pit, the post of samo`to be charged to pit maintonanco knovm as account S -7. Following discussion as to 'whether this is an emergency, motion carried by poll, as follow as Gluck yes Barrow yes Gresham yes BryAnt yes Corley yns 1dayor Fritz said he ask no report at this tir,» from the Finance ConLnittooman. Councilman Barron said he weald like to ro -opon the appointments for Plumbing and Buildin6 Inspectors mayor Fritz said this is in order. Councilman Barrow said he vmuld 111:o to ehango the ap gton o t r " in that of Plumib r,,- ingpoator aiul tho appcirntmA t of -Ur. Powoll to that of :luilain ln. apoctor UA.yor :'ritz i dd Ho ihottld rnoali his oppoint:iti -W thon ro- &5point Coufiollmtn Urraws aO*oftdd3 br,*t oundit,� I.VdA MV6,4 they rddsll the Appolftftwt or tho Plutblu3 Impdetori, ration esrrlad+ , Page - -3 ,,Mfxvor Fritz stated as long as, it is hey canstace any action,,thatatheoresolutionr(3 )) was tod they should make two additions to this resolution, (1) salaries the men are to -:work under and (2) the exact date they are to take office. He believes this can be in- corporated in the original resolution. He would like to clear up the manner in which i the Municipal Judge and the City Attorney were appointed because they were made on a secret ballot. He has been informed that all action of the Council must be open, by poll or verbal acclamation. Therefor he would like to have a re -vote on those two appointments to clear up the matter so that there will be no question. Following discussion on procedure, Mayor Fritz stated that Attorney Ruff says he has apetition ready to file and hopes to have a decision from the Court by next Tuesday- niiht's Tm eting That being the case, he would suggest to the Council that they set the date for these individuals to take office as of the first of April. It would be much easier - for all concerned and actually only 2 people are involved as to whether _ they have a job. Following discussion, Councilman Gluck said he will vote on all appointments except for the Police Chief and Sergeant• Mayor Fritz said if it is agreeable to have one resolution for all :except the Chief of Police and sergeant,; he will give the names, salaries and date, naming these to the resolution as of April 1 as follows=: City Clerk and Treasurer: Sylva G. Martin .h295 '.00 per month - Approved by poll, as follows: Gluck yes Barrow yes Gresham yes Bryant yes Corley ye Tax Assessor and Collector: uylva G. Partin at no additional salary Approved by polli as follows: Gluck yes Barrow yes Gresham yes Bryant ,yes Corley yes City Attorney: Nominated - John Ruff, ; ?m Reinhardt, Harry Vt. Prob sh. Polled vote: Gluck - Reinhardt; Barrow - Ruff; Gresham - Ruff; Bryant - Ruff; Corley r Prebi sh . John Ruff appointed City Attorney by a majority vote. This appointment up to the present time carried a ,$10.00 per regular meeting salary plus fees for other services, Councilman Gresham cuggosted changing from the '010.00 per'regular Mi oting plus tees for sorvieos to a flat 62040. per year basis plus feos for actual oourt cases. Councilman Barrow believes it better to ro ck aloe- on the present basis, of 1,10.00 par rogulnr mooting plus fops. Councilman >ryant in in fi►vor, of ti-ho same baits as now Councilmnr# Corley, {rashes rid Zrluok also a ;rood to that basis. l`.ri #;idipal: Ju ft-a Vos- intrwwd - Cno—o f:oll rdtan a ud C lemon - L, Tbood. Polled vobd as f'olloalt . Page - -4 _ Gluck' - Hollahan; Barrow - Theed; Grosham - Theed; Bryant - Theed; Corley - Hollahan Clement L. Theed appointed Municipal Judge by a majority vote. - FollovAng discussion on the matter, Councilman Gresham, seconded by Councilman Bryant moved that the Judge's salary be $50.00 per month. Following discussion on effective date, and State La r vs. Charter of Officers and their u removal, motion carried by poll as follmrsz Gluck yes Barrow yes Gresham. yes Bryant yes Corley yes Subordinate police officers. Pattal officers;: Joseph Stephens 220.00 per 'month -N. A. Pressley, Jr 220.u0 per month Jack L. Atwood (5 Imo. probation) 200.00 per month Hoary 11obert, 190.00 per month Marion Finch 190.00 per month Vote on the subordinate police cPficers at the salaries shown, parried by poll, as follows: Gluck yes Barrow yes, Gresham yes B;ryaut yes Corley yes Fire Chief =' Arthur I. Melton at ;240.00 per month. Approved by poll, as follows; Gluck yes Barrow yes Gresham yes Bryant yes Corley yes Chief of Streets John Shuck, Sr. at $240,.00 per month.; i Approved by poll, as follows Gluck - asked to be permitted to vote last, this being his department. Barrow yes Gresham yes Bryant yes Corley yes Gluck yes Plumbing Inspector: Councilman Barrow nominated Y4 0. Canington at 0220.00 per month plus $20.00 car expenses* Polled vote on tho nomination of Vt. 0. Cani-aGton for Plumbing Inspector at $220.00 per ;month plus $'20.00 cur expenses, was as - follows: Gluck no Barrow yes Gresham yes Brjm-L. yes Corley no. Building Inspectors Councilman Barrow named Hopi C. Powell at $'220.00 per month plus 020.00 car oxponses• Polled vote on appointment of Bon C. Powall, as Building, Inspector at $'220.00 per,zonth plus $20.00 car exponces; •ryas as followas Gluck yes Darrow yes Gresham yea 3rymtnt yes Corley yes, Electrical Inspector: named, R. Co Gamr„aga. Page --5 Following discussion, fees vs. salary, Councilman Gresham, seconded by Councilman Bryant, ti moved that the pay scale (fee `basis) for electrical inspector be continued until the next budget• ccompensation reported on some of his work, be'in on -the Examining Board rand receiving no ompea ation for that, that that file averages 2z to 2 -3/4' inspections per Jobe Mr. Andrews re: Mr. aammage, bringing up the South Miami electrical inspections to a good reputation. Following further discussion month car expensesto hefeebasis ,washre n amended ,as motion, t include follos: Thatthepayesc�aleO ( ' fee basis) for electrical inspector be continued until the next budget, plus $30.00 per month car allowance. Motion, as amended, carried by poll, as follows: Gluck pass Barrow yes Gresham yes Bryant 'yes Corley yes Mayor Fritz asked Councilmen G luck to cast a vote,: and Councilman G luck voted yes. Attorney Ruff called attention to the fact that -the motion appointing Mr. Canington as Plumbing ,Inspector at 5x220.00 -per month plus $N. car expenses was not approved; by a 4/5 vote as required by Section 10 that the op pointment by a 3/5 vote was O.K. but not the pay. Councilman Barrow requested a re-vote on the salary of the plumbing inspector, iY. 0 Canington. Councilman Barrow, seconded b y Councilman Gresham moved that the salary of the plumbing' inspector be re- votede Vote on the motion was polled, as follows:_- Gluck no Barrow yes Gresham yes Bryant yes Corley no. Mayor Fritz declared they have still not authorizod a salary. Would Mr. Canington accept the position without a salary! Mr. Canington replied "no." Mayor Fritz asked Ii r. Canington if he declines the appointment of the office. Vw iCanington replied "I would, without a salary: Ilayor Fritz said the appointment of the nominee for plumbin- inspector not having been authori•zod with a salary, what is the pleasure of the Council. Councilman Gresham nominated Bon C. Powell as temporary plumbing inspector. Councilman Darrow stated that unifier -bite circtua3tvnee., he would like 11r Powell to take the temporary appoititment until he can chock. Vayor Fritz asked 11r. Porroll if 1w would accept the additional' dutios of plumbing in- spector wititout additional pay. i:r. Portell raid "Yos, u:itil this budgtlt expirds." c Page - -6 Vote on the -ap.;ointment of Ben C. Powell as 'plumbing inspector at no additional salary, was polled and carried, as follows: Gluck yes Barrow ' yes Gresham yes Bryant yes Carley yes: A short recess was declared at 10:45 >.P and business rosumed at 11 :00 P..l'r%.; Councilman Gresham, seconded by Councilman Gluck, moved that Resolution 11o. 392 as voted on March 20 be rescinded. Notion carried by poly, as follows Gluck yes Barrow yes Gresham yes ,Bryant yes Corley yes The new Resolution No. 392 vras -read, as follows: RESOLUTION PIO. 392 A RESOLUTION AP110INTING CITY CLERK( & TRD'►SURr^12; SYLdA G. IMTIN; TIu. ASSESSOR & COLLECTOR, SYTZA G. MARTIN, TEMPORARY FOR INDEFINITE- PE1ZIOD; CITY ATTORNEY; JOHN RUFF, Il?'iJh'ICIPAL JUDGE, CLEi_,F17'T L. TREED; SUBORDIIIATE POLICE OFFICERS __ 0 PATROL OFFICERS`: JOSEPII STEPIIENS , ;7. A. PRESSLEY, JR., JACK L. 1 TWOOD, (SIX Y1011'LHS PRO3ATION BEGI1,11 ING MLgCH 16th.) , PaRION FI=NCH, 1MIRY ROBERTS; CHIEF OF ARE DEPARTME -NT, ART?i(Tt I. MELTON; CHIEF OF STREETS, JOMT SHUCK, SR.; PLUMBING IN SPECTOR, BEN C. POiYELL, TEP IiiFif►RY;, BUILDING INSPECTOR, BEN C. POWELL, AND =ELECTRICAL INSPIOCTOR, R. C. 'GAGE, ALL IOR THE TER=M OF THE PRESENT COUNCIL 101.1 AP11,IL 1, 3,051 TO MARCH 1, 1952, AND PRO "TIDING- 3ALARILS BE IT RESOLVED BY TIE CITY COUNCIL OF SOUTH.:JADN - -II, FLORIDA, pursuant to authority` contained in Section 5 a '(2) of the Charter of the C ity of S outh 14liami, Florida, as amended: That the folloging named. 'persons are hereby appointed as officers of South "'31"-Mll, Florida, at the salaries designated, .For the term of the prosent Council, from April 1, 1951 to March 1, 1952: OFFI'CFR, SALARY NAI M. City Clerk & Treasurer)' 295.00 per month Sylva G. Martin City Tax Assessor & Collector)- Sylva G. Martin, temporary for.indefinite period. City Attorney $10.00 per meeting plus fees John Buff Municipal Judge 5050.00 per month C16mont L. Teed Subordinate Police Officers Patrol Officers& 220400 per month Joseph Stephens 220.00 per month We A. Pressley, Jr 200.00 per month Jack L. Atwood, (Six months probation boginning)hiarch 16) 120.00 per month Marion Finch 190.00 per month henry Roberts Chief of Fire Department' 240.00 per month Arthur I. Melton Chief of Stroets 240.00 poi' month John Shuck, Sr. Building Inspect or 220.00 per month plus $20.00 car allowance per month Non 0 o Pontell Plumbing Ir spo cter San '0. Powell, Temporary Electrical 'Inspector Foos plus $50.00 per month for car ril.ovrnncb ;t. G. Gnrro<gb: 0 G (j _ C.7 Page - -7 Councilman Gluck, seconded by Councilman Bryant, moved that Resolution #392 be adopted as read. Motion carried by poll, as follows: Gluck yes Barrow yes Gresham, yes Bryant yes Corley yes Chief of Police: Nominated, Earnest Tatum E. W. McKinney., , There was a 'question re: holding this in abeyance, awaiting a Court order. Mayor Fritz asked if we can get a declaratory decree on the powers of the C ouncil by not appointing'someone in office* Attorney Ruff stated the basis of the petition is a resolution appointing son eone other than the present incumbent. Councilmen Gresham moved they appoint Tatum as Chief of Police. (No second.) Mayor Fritz asked for a vote on the nominees, McKinney and Tatum, at a salary of � ;275.00 per month, effective April 1 The polled vote was as follows: Gluck - McKinney; Barrow no vote; Greshbon - Tatum; Bryant Tatum; C or ley - McKinney Attorney Ruff, re: Councilman Barrow not voting, Barrowvoted for Tatum. Mayor Fritz declared Earnest Tatum appointed Chief of Police but no salary authorized by the 3/5 vote. He suggested letting the appointment stand until such time as he can be contacted re: the salary* e Discussion re: Tatum being out under this arrangement. Mayor Fritz called for a,re -vote on the salary of 96275.00 per month for Earnest Tatum, beginning April 3. "Following discussion, Mayor Fritz suggested leaving the appointmont of Tatum as Chief of Police as of April 1, at no .authorized salary. Following .further discussion, Mayor Fritz suggested the appointment of Tatum as Chief Of Police be :made subject to Court action, re: `Fanner, re- appoint him as patrolman and Councilmen Gr ©sham can make him acting sergeant, at w220. per month, effective April 1. This suggestion was accepted by polled vote, as follmvs "= Gluck yes Barrow yes Gresham yes Ryyant yes Csrloy yes i Resolution No. 393., was read, as f ollows: RESOLUTIO:1 110. 393 A RESOLUTION APE'ODITING EAMTEST TATMV,, CHIEF OF POLICE', StMORDIITATI 10LICl 01--FT CFB, PATROi,1WI. , W. 0. ' XrJER EFFECTIVE AML 1, 1951 TO 1,W CT3 1, 1052 AUD i'MII DTITG SALARIES. BE IT RESOLVED BY TIM CITY COUIICIL OF SOdTIi MIAMI, PWRIDA, pursuant to authority contained in Soctiati 5 a (2) of tlia Charter of� thn City �►f'S outh I.1 ami Florida, as amendod: That the following named persons are hereby appointed as officers of South Miami, Florida for the term of the present Council from April 1, 1951 to march 1,.1952: OFFICER SALARY NAME Chief of Police at no designated salary Earnest Tatum Subordinate Police Officer— Patrolman $220.00 per month IV. 0. Tanner Councilman Gresham, seconded by Councilman Barrow, moved that Resolution No. 39'3 be' adopted as read. Motion carried by poll, (as follows3 Gluck yes Barrow yes Gresham yes Bryant yes Corley yes Following discussion, Resolution No 394 was dictated- and read, as follows: RESOLUTION NO. 394 A RESOLUTION APPOINTING EARNEST TATUM AS POLICE SERGEANT EFFECTIVE APRIL 1, 1951 AND PROVIDING A - SALARY, CONDITIONED UPON A NEGATIVE`: RULING TO PETITION FOR DECLARATORY DECREE FILED MARCH 28, 1951. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDAs That Earnest Tatum be appointed as Police Sergeant, effective April 1,, 1951 at a salary of $250.00 par month, conditioned upon a ruling by the Circuit Cour;,_of Dade County on the Petition for Declaratory Decree filed March 28, 1951 on the relation of W. S. Cw Boyden vdieroin it be determined that the answer to question #1 in the prayer is answered in the negative. Councilman "Gresham, seconded by Councilman Barrow, moved that Resolution N, o. 394 be adopted as read* Motion carried by poll, as fol'lovss Gluck yes, Barrow yes Gresham yes Bryant yes Corley yes Following discussion re the petition and reading of same by Attorney Ruff, Councilman Gluck, seconded by 'Councilman Gresham moved that the meeting be adjourned. Motion carried and meeting adjourned at approximately 12s05 A.M.,9 Wednesday, March'2B,,1951• ayor atlyl es i e of t ,e' City Council l ATTEST: CIxy clerk