1951-04-17 MINUTES OF CITY COUNCIL MTGMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF SOUTH MIAMI HELD TUESDAY EVENING,
APRIL 17, A.D. 1951 AT THE COMMIUNITY BUILDING
AT 8 :00 P.M.
The meeting was called +to order by Mayor Fritz with all members of the City Council and
Attorney Ruff responding to roll call.
Councilman Barrow, seconded by Councilmen Gresham, moved that the minutes of the last
regular meeting be approved and adopted as individually read. Motion carried.
PETITIONS & COMMUNICATIONS:
Item =46. Mayor Fritz reported that Mr. Proby had called him that afternoon stating
t at neither he nor Mr. W. 0. Canington wished the matter brought up, so that no action
II was in order.
Item, j47. Mayor Fritz read the recommendation of March '30 of the Advisory Zoning Board'
with reference to the Gautier property hearing, that the request for change in zoning
be denied, for reasons stated in detail. Mayor Fritz stated that in addition to °re-
ceiving a letter Fie had been notified today by 'a representative of the colored people
in this area that the adjacent property owners claim that they were not notified of this
hearing. Therefore the matter should be referred back to the Zoning Board for another
hearing, as the law requires that all adjacent property owners be notified.
Councilman Gluck, seconded by Councilman Corley, moved' that this be referred to the
Zoning Board for a re- hearing and that all owners of property within the designated
areas be notified. Motion carried.
Item #48. Written request of Edward Poreda for an opportunity to present a protest re:
s ne g bor's dogs. Mr. Poreda related the trouble with the neighbor's dogs.
Intended ended ma Ruff checked Ordinance '144 re: dogs being licensed, but stated that it was
control of vicious dogs and suggested that the Chief of Police,;
make an investigation and report back to the Police Chairman,
that he can sprinkle on the r. and the a harmless chemical
go to a pet store and get
Mayor Fritz suggested that lawn an and the dogs will stay away. If the dogs persist in
barking they can be declared -a public nuisance and action can be requested.
Item -449. A'letter of thanks from the South Miami Baptist Church for permission to
continue using the Community Building for Sunday School purposes, for permission to
erect a tent temporarily, and for police protection during their services..
Item 50. A written request by Gerald C. and Elizabeth J. Loos for permission to open
ttie i on So. 10th. St west from 5o. 1st. Ave. for approximately 400 ft to gain
access to their property
Councilman Gresham, seconded by Councilman Barrow, moved that the request be grantod,
subject to the supervision of the Street Chairman. Motion carried.
Item (no number) heading of notice of =sting or the South Miami District Chamber
of ommerce on April 10 at which OPJ officials were to explain Ceiling Price Regulations
and answer questions pertaining to thol
Itam (no number) A lettar from Leo Pe Olasel res the traffic hazard at the So. 4the AVodUe
crossing of t'd So §1 and need for a trartic lift thorat
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Following discussion and the need for approval of the State Road Department, Councilman
Barrow, seconded by Councilman Corley, moved that the Police Chairmen attend the joint
meeting of the County Commissioners with the Zoning Board Thursday at 2=00 P.M.
Motion carried.
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UNFINISHED ;BUSINESS:
Item yr51. Declaratory Decree re: power of City Council to appoint officers.
Mayor Fritz read the Declaratory Decree issued by Judge Wiseheart;.
Attorney Ruff was asked to read the originalL petition filed in the name of the State
of Florida, Ex rel and W. S. C. Boyden vs. the City of South Miami, and his answer
thereto.
Item #52. Re: contracting for engineering services.
n
Mayor Fritz asked for a re- reading of the motion that had been tabled at the April 3rd.
meeting, to- wit: "Councilman Gresham, seconded by Councilman Barrow, moved that the
Baxter, Godwin & Shartle, Inc. proposal be accepted and contract entered into." ......
"Councilman Corley, seconded by Councilman Barrow, moved that they table the motion
on the table until the next meeting. Motion carried."
Mayor Fritz then read the proposal of Baxter, Godwin & Shartle, Inc. and the proposal
of Rador- Cnappen & Tippets Engineering Company.
Mayor Fritz stated a motion was made and seconded on April 3rd. that the proposal of
Baxter, Godwin & Shartle, Inc. be accepted.
Following discussion, re: surveys', motion carried by poll, as follows:
Barrow yes Gresham yes Bryant yes Corley yes Gluck yea
NEW B_ USINESS:
Item • 54. BIDS: Mayor Fritz read the notice calling for bids on one Diesel Crawler
ractor and one self- propelled power mower, inserted in the Miami Daily News of April 7,
to be opened at this rooting at 940 P.M. Only two bids were received, as follows:
1. Hector Supply Company to furnish a 24" self - propelled Toro Rotary Power mower,
FOB South Miami, for t403.93, with cashier's check for $100.00 as bid bond enclosed,
with immediate delivery.
2. Allied Equipment, Inc. to furnish a Model FDE Oliver tractor MB South Mien&
- for 419,895.80 less 10% oash discount, net amount $17,906.22, delivery 30 days after
reosipt'of order, and bid bond for $1,000.00 enclosed.
At this point, 9:15, a short recess crag oalled and business resumed at #:30 P.M.
Item 463a Mayor Fritz reported that a survey had boon made on the Brost property and read
W-0 oapt on of proposod 'Roaolution No, 402.
Council-= Corley, seconded by Councilmai B&rrorr, "rod that Resolution Ito. 402 be ;read.
Motion carried*
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RESOLUTION NO. 402
A RESOLUTION AUTHORIZING THE PURCHASE OF N.E. CORKER OF
LOT 47, BLOCK 10 TOWNaI TE OF LARKINS, APPROXIMATELY 32
FEET OF 14ONTAGE FROM INTERSECTION OF NORTH DIXIE ROAD AND
NORTH 4th STREW TO INCLUDE THE CITY FIRE WELL , SITUATED
THEREON, FROM ARTHUR FROST AND ALICE STACY FROST, HIS WIFE
AT A COST OF $99.99 TOGETHER WITH $50.00 RENTAL EARNED FOR
USE OF SAID FIRE WELL MR THE PAST FIVE (5;) YEMS AND TO-
GETHER WITH CANCELLATION OF IMPROVEMENT LIENS NO. 305 to 309
INCLUSPIE AND NO. 315, 316, :17 IN THE TOTAL SUFI OF $172.31
WITH INTEREST FROM OCTOBER 15 1946.
BE IT RESOLVED BY THE CITY COUNCIL OF SOUTH MIAMI: f
le That the City purchase from Arthur Frost and Alioe Stacy Frost, his wife,
the following described property:
N.E. Corner of Lot 47, Block 10, TOANSITE OF Lf►RKINS; Being
approximately 32 feet of frontage from intersection.of North
Dixie Road and North 4th. Street to include the City Fire Well
situWnd thereon, at a cost of $99.99 together with '$50.00
rental earned for use of said fire well for the past five (5)
years and together with oancellation of improvement liens No. 305
to 309 inclusive and No. 316, 316, 317 in the total sum of $172.31
with interest from O ctober 15, 1946
transfer of title to be made according to certified survey at the expense of the City
of South Miami.
2e That the City Clank be and she is herein authorized to deliver to said grantors
a check in the sum of $99.99 in full p%rment of said property upon reoeipt by her of a
warranty dead oovering said property, and further that said Clerk deliver to the said
Arthur FYost and Alice Stacy Frost, his wife, a check in the sum of $50.00 as and for
rental for use of said Fire Yell by the City for the past five (5) years, and further
that said Clerk cancel imprwemant liens No 305 to 309.inclusive and No. 316,'316 and "
317 in the total principal amount of $172.31 together with all interest accrued thereon
from October 15, 1946.
;Councilman Corley, seconded by Counoilman Barrow, moved that Resolution No 402 be adopted
as read. Motion carried by poll, as follows
Gluck yea Barrow yes Gresham yes Bryant yes Corley yes
With refyrence to the bids, Councilman Barrow, seconded by Councilman Corley, moved that
the bid of the Fieotor Supply Company for the purchase of a power mowar be accepted.
Councilman Barrow stated he had originally intended to trado'in the old machine for
$50.00 but found they wars using it for mixing, conurote.
Motion carried by poll, as f olio a s
Gluck yes Barrow yes Oresham, yea Hrysnt yea Corloyr yes
Councilman Corley, seconded by Councilman Barrow, moved that :inasmuch as it w" the
only bid cad they can .get delivers in 30 drys o that the City accept the bid Of flied
_� Equi,-imnnt, Into for the Crawler Tractor.
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Councilmen Gluck asked about availability of parts. The representative from Allied
Equipment, Inc. stated they would be available at their place of business at 7511
N.W. 7th. Ave., that they have made a survey of our situation and believe this machine
will be ideal for it. It is the largest tractor built today and will cut this rock,
down here•
Following discussion, motion carried by poll, as follows:
Gluck yes Barrow yes. Gresham yes Bryant yes Corley yet
Item 5. Attorney Ruff read the draft of the proposed garbage ordinance in its entiretye
Following discussion, re basis for fee schedale, Councilman Gresham suggested that -a
committee be appointed to work it over first and then set a public hearings -
Mr. Gammage'stated he can give a report in 2 weeks re: the cost of hauling the commercial
houses'.
Councilman Corley, seconded by Councilman Bryant, moved that the proposed garbage ordinance
be put before a public hearing and all residents notified. Motion carried.
Mayor Fritz named Councilman Corley as chairman of a committee, to choose two others to
work with him on this ordinance.
It was suggested that the special meeting might be held May S.
Reports of standing committees:
SANITATION: Councilman Corley stated this had just been 6ompleted
FINANCE& Councilman Bryant stated he would like to wait until the others had made their
reports.
FIns Councilman Gresham reported that the fire hydrants, valves and boxes were to be
delivered tomorrow and that Consumers Water, Company will install hydrants on
S. 2nd. Avee and S. 4the St. where they are now laying mains.
POLICE: Councilman Gresham stated he would 'like to appoint w 0. Tanner ale police sergeant.
Following discussion, Councilman Gresham, seoonded by Councilman Barrow, movod that
W. Oe Tanner be appointed as police sergeant at $250. per month as of April le (amended
by adding:, °and on a temporary or probationary period.) "`
Following discussion in which Attorney Ruff stated that officers aro not 'under the Merit
System, Councilman Gresham, and Councilman Barrow agreed to emend the motion, that
W O. Tanner be appointed as sergeant at $250.00 per month as cc April 1, and on a
temporary or probationary periods
Following further discussion, Councilman Barrow called for the vote.
Amended motion carried by poll, as f ollowas
Gluck yes Barrow yes Gresham yea Bryant yes Corley yes
STSELTS k PAWS
Councilmumm Oluok reported the need for 3 now street lights in tho Bird and Red shopping
area#
Page- -5
Councilman Gluck,, seconded by Councilman Barrow, moved that they have 3 new lights in
stalled (2 on Bird Road west of Red and 1 on the corner of S.W. 41st. St. and Red) and
that necessary steps be taken to carry this out. Motion carried.
` Councilmeua Gluck said he had 'a recommendation he would like to make to the Merit Board,
as followss Pay as of April 1, John Shuck, Sr., $265,00 per month, increase John Shuck, Jr.
and John Shaw each by '$15.00 per month.
Councilman Gluck also spoke re: an open meeting for there- numbering.
Following d s oussion, Councilmen Gluck, seconded by Councilman Barrow, moved that John
Shuck;, Sr. be paid $265.00 per month, John Shuck, Jr. and John Shari be increased $15.00'
per month each, all as of April 1.
Motion carried by poll, as follows:
Gluck yes Barrow yes Gresham yes Bryant yes Corley yes
Councilman Gluck also presented a letter from the Advisory Zoning & Planning Board
containing the following recommendat onss`
"l. Application of Erick Jensen for variance to waive 5 ft. sideline set -baok re-
quirement to permit erection of garage 15' x 20' with a 1 ft. side -line set back, on his
property legally described as Lot 22 Blk '7 BIRD ROAD ESTATES, PB 19 -76, located at
6321 S. Wo 43rd. St
The Board's recommendation is that the requested variance be granted.
2. Application of W. E. Gilchrist for variance to permit erection of a hobby orchid
slat house on his property at 400 So. 1st. Ave., legally described as E. 264 ft. of
' N* of Nw4 of SRI of NE4'`less S. 225 ft* and less E. 25 ft., Sec. 36- 54 -40.
It is the Board's recommendation that this variance be granted subject to
Mr. Gilchrist';s sing proper covenant to be prepared by the City Attorney
that the proposed structure shall not be used commercially.
$. Application of Ira K. Brandt, M.D. and Blanche Kessler to permit erection of a
single- family residence with small office wing to be used as a medical office for the
practice of pediatrics on Lot 7, Blk 3 BILTMORE HEIGHTS REASUB., PB 39 -1, located at
the ;southwest corner of S.W. "50th., Street' and Red Road.
In view of the overwhelming objection on the part of property owners residing
in that area, the Board's recom;nendation is that this application for variance'
be rejected:
Followdng discussion, Councilman Gresham, seconded by Councilman Barrow, moved that the
recommendations of the Advisory Zoning & Planning Board be accepted. Motion carried.
UMICIPAL BUILMNGSs
Councilman Barrow reported that the 'City Hall had reoeivk d a new coat of paint and been
lettered again for its signs, including the ,word "City Hall." He also stated he would
like to get a red blinker light for the pick -up truck. He was told to go, ahead and buy
it it it waonot over $10040. He also reported that the generating plant at the City
Hall is again in working condition, and that he would like to get bids for a water cooler
for the Community Building, the cost: probably being around $300.006
Councilman Corley, seconded by Councilman Bryant, moved that Councilman Barron be
authorised to advertise for bids for a water cooler for the Co=unity Building* cation
carried.
Page-6
Councilmen Barrow, seconded by Councilmen Gresham, moved that the salary of Gilbert
Burmeister be raised to $215-00 per month as of April 1. Motion carried by poll, as
follows e
Gluck yes Barrow yeas Gresham yes Bryant yes Corley yes
Councilman Barrow asked about the proposed entrance sagas, and Councilmen Gresham stated
he would look into that as he is ;on the Chamber of Commerce comTdtteo for that project.
Councilman Barrow submitted some proposed rules and regulations for the Community (Building
and Playground, end also discussed his desire, to install a door to the south porch of the
building from the hall in the place of one of the windows, mad was urged to go ahead
with this.
Councilman Barrow also brought up the question of spot surveys as required by the nearly
enacted Ordinance No 230. He reported that due to the lateness of the hour he would
ask to 'hold over action on the proposed roofing ordinance.
POLICE & FEEt
Councilman Gresham asked that he be permitted to add to his department report, and made
the motion, seconded by Councilman Corley, that Earline Johnson be employed temporarily
as of April 9 at $35.00 per week to help out idth the car inspections for a'period of
approximately 4 weeks.
It was pointed out that this is routine;, and provided for in the budget.
Motion carried by poll, as follows# ,
Gluck yes Barrow yes Gresham yes Bryant yes Corley yes
Councilman Gresham brought up the matter of auxiliary police and Mayor Fritz suggested
he work out and 'present a program.
Councilman Gresham, seconded by Councilman Bryant, moved that salaries in the Fire De-
partment be effective as of April 1, as follows: Chief Arthur I, Melton, $265.00 per
month, Asst 'Chief E. H. Rogers, L$240.00 per month, and Fireman G. L. 'Willis, $215.00
per month.
Notion carried by poll, as follows
Gluck yes Barrow yes Gresham yes Bryant yes Corley yes
REMTS OF SPECIAL OUMMITTEES:
Meyor'Fritz reported that R. E. Chivers had agreed to accept an appointment to the
Personnel Board, that Dr. Tharp and Mr. Boyden were still on, but that Dr. Tharp had
asked to. be replaced.
Mayor Fritz read the proposed copy for the City's ad in the Florida State Chamber of
Commerce directory which had been prepared by the local Chamber of Commerce, per Council
motion March 20, 1951 at which time the Council agreed to take space not exceeding
$100.00 in cost.- On the basis of rates quoted, this ad will occupy half a page at $80.00.
Mr. Boyden, as Acting Chairman of the Personnel and Merit Board, presented a written report
on the examination of 23 applications and personal interview of 8 out of lO invited
applicants for position on the police force, resulting in the recommendation of 5 in the
following orders
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1.. M. W. Gray
2 J. R. Ekberg
3. L. J. Jenkins, Jr.
44 P. L. Corrigan
5. , F. Vidal
It was pointed out that the first candidate has had 8 years experience in police work,
and that candidate 4 had withdrawn his application since the interview.
Following discussion, Councilman Gresham, s,eoonded by Councilman Corley, moved that they
appoint J. R. Ekberg and L. J. Jenkins, Jr. as motor patrolmen on a temporary or pro- t
bationary basis at 9210,00 per month 'each. + Motion carried by poll, as follows:
Gluck yes Barrow yes Gresham yes Bryant yes Corley yes
Councilman Gresham, seconded by Councilman 'Corley moved that Resolution N 403 be read.
Motion carried,.
RESOIJTTIO14 'NO. 403
A RESOLUTION AUTHORIZING AN INCREASE OF EX-
PENDITURES IN THE OPERATION OF THE SANITARY
DEPARTMENT, AND MAKING AN APPROPRIATION THEREFOR.
NfHEREAS, since July 1, 1950 and since the adoption of the Budget for the
current fiscal year the need for added equipment and operation thereof has increased
materially, and
WHEREAS, it is essential to the efficient administration of the City and to
the safety and welfare of its residents that these services be increased,
NOW, THEREFORE, BE IT RESOWED BY THE MAYOR AND THE 'CITY COUNCIL OF SOUTii
MIAMI , FWRI II4
1. That the aforesaid accounts be and they are hereby increased,
as followst
S -3 Equipment 18,000.00
(One Oliver Crawler tractor)`
2 That the necessary amounts to meet the increased expenditures authorized
hereby be and the same hereby are appropriated from available un-
appropriated revenue of the city to the several affected accounts
for the current fisoil year.
Councilman Gresham, seconded by Councilman Corley, moved that Resolution No. 403 be
adopted as read. Motion carried by poll, to followas
Gluck yes Barrow yes Gresham yes Bryant yes Corley yes
Councilman Gresham, seconded by Councilman Corley, moved That Resolution No. 404 be read.
Motion carried.
RESOLUTION N06 404
A RESOLUTIdii AUMOIaMIG THE PURCIME OF''ONE W
SELF`' - PROPELLED TORO .ROTARY MOi7ER MOM H90TOR
SUPPLY coMPl:JY FOR 'THS TOTAL MOSS. OP $403.93r
W
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WHEREAS, the Council in regular session on April 3, 1951 passed a motion to
advertise for bids for one (l) rotary power mower, and
WHEREAS., in accordance with Charter provisions, legal notice for sealed bids`
was inserted in the Miami Daily News of April 7, 1951 to be opened on April 17,1951, and
WHEREAS', bids from one (1) concern was 'submitted in accordance therewith, and
WHEREAS, considering all mat;ters��concerning the bid and delivery date, HECTOR
SUPPLY COMPANY has provided the only favorable bid.:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF SOUTH MIAMI e'
That the said bid of HECTOR SUPPLY COMPANY be accepted and order for one (1)
self -pro ellod Toro Rotary mower at•a total, price of Four Hundred three and 93/100 Dollars
($403.933 be placed.
Councilman Gresham, seconded by Councilman Corley, moved that Resolution No. 404 be adopted
as read. Motion carried by poll, as follows s
Gluck yes Barrow yes Gresham yes Bryant yes Corley yes
Councilman Gresham, seconded by Councilman Corley, moved that Resolution No. 405 be read.
Motion carried.
RESOLUTION NO. 406
A RESOLUTION' AUTHORIZING THE PURCHASE OF ONE (1) -
MODEL FDE OLrM TRACTOR FROM ALLIED EQUIPMENT,
+ "a INC. FOR THE TOTAL PRICE OF $19,895980 LESS
10%. CASH DISODUNT.
WHEREAS, the Council in regular session on April 3, 1951 passed is motion
to advertise for bids for one (1) Crawler Tractor ;' and
YEEREAS, in accordance with Charter provisions, legal notice for sealed bids
was inserted in the Miami Daily News of April 7, 1951 to be opened on April 17, 1951, and
WHEREAS ;, bids from one (1) concern was submitted in accordance therewith, and
WHEREAS considering all matters concerning the bid and delivery date, ALLIED
EQUIPMENT, INC. has provided the only favorable bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF SOUTH MIAMI:
That the said bid of ALLIEn EQUIPMENT, II10. be accepted and order for one (1)'
Model FD'E Oliver Tractor at a total vrice of Nineteen Thousand Eight Hundred Ninety -five
and 80/100 Dollars ($19,895.80) less 10,19 sash discount be placed*
Councilman Gresham, seconded by Councilman Bryant, moved that Resolution No. 405 be adopted
as read. Motion carried by poll, as folloWAS
Gluck yes Barrow yes Gresham yes Bryant yes Corley ,yes'
Counoi,lmn Brraut, in his report for the VIANCE DEPARTIETtT reported the receipt of a cheok
on April 9P in the amount of $3,507.81 for the February cibarotte taut 00110etions. He
also stated that he would ask for s 666 salary rovisiona in his departments effective as
of April 1, but would hold his reoonwhdations osier until the next meetiuge
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The Following bills were submitted for approval and payments
Fa y e S auerlend 18.70�� for extra work ('car inspections
Re W. Brown & Co. 24.58 - (fertilizer for Park
E. H. Ewing (Sinclair Ref. Co. ) 7.70 Gas & oil
Florida Power & Light Co. 304986% streot lights
V. E. Griggs 95.00 Painting (labor & paint) City Hall
Percy E. Jacobs 30.00'` 10 garbage containers (labor on)
A. C. MoGarey 7.35 49 transfers
City of ;Mimi 6000 ``, Police radio for April
Totaling T5--38—.W payable out of GEKER&L FUND
Councilman Barrow, seconded by Councilman Gresham, moved that the bills be paid as read.
Motion carried by poll, as follows=
Gluck yes Barrow yes Gresham yes Bryant yes Corley yes
There being < no further business, the meeting was adjourned in regular order at approximately
12s30 A. M. Wednesday, April 18*
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etv end 1resildent ty Council
ATTEST:
/f
—TClerk
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