1951-08-14 MINUTES OF CITY COUNCIL SPECIAL MTGMINUTES OF THE SPECIAL 1'.'tEETING OF THE CITY
COUNCIL HELD AT THE COil ITMITY BUILDING
TUESDAY, AUGUST 14 1951 AT 7:00 P.M
The tae4ting was called to order by A4ayor, J. W. G. Y,Y-itz with Councilmen Gluck, Bryant
and Corley `responding to roll call. (Councilman Barrows was absent on vacation and
Councilman Gresham was delayed, arriving abcut
BUILDINGS & PARKS: Absent
F"INAN CE
Councilman Bryant:: Here is the financial statement for the month of July, from July 1,
through July 31, 1951:' Bank balance was x;67,038.70; receipts from July 1 -- $15,944.65;
Disbursements -- 5$17,698.46; leaving a cash balance on July 31 of 4"66,176.89.
SANITATION:
Councilman Corley: We opened the bids for the watchman's shed and the shed to house
the equipment out there. Since there were' only two bids turned in,; one from Idaule
and one from Coker, naturally vie accepted those two. The day after that, I ran into
Mr. Powell and there was a nine by fourteen shed that had been used building; new
homes, with aluminum windows in it, that met the specifications from the standpoint
of the building code, which vie were able to buy for z,$75. and it was transported out
there for nothing. That will serve as a watchman's shack and save us approximately „
?,$150 to x$200, instead of building the other one. We can start the man working there
and living there tomorrow, which will also cut out a watchman's sRIary at $42. a week
for three weeks, so we ought to save about x$300 on the whole deal.
I have talked with 'Mr. Bowman of the Health Deparbrent and so far I haven't
gotten any results. There are approximately 150 homes in the colored area dnd some
in the white area that still have outside toilets. They worn to sand me three men
down here to help condemn all this.. I wish you'd call them and see if you can get
I
any better results out of them than I, could,
Mayor Fritz: All ;right, I' 11 follow up on it, :sir. Corley!. Has construction started
on the remainder of the sheds?
Councilman Corley: Yes;, we have the lumber and equipment out there. The sanitntion
facilities will go in as soon as the foundation is laid. 1110 can get by with the
watchman out there temporarily. The electrical end of it should be hooked up the
next couple of days.
STREETS & SEWERS:
Councilman 'Gluck: Since the last ire eting we havo given porm s s ion for a sidewalk to
be put by the pose office, which created a data there and mado a very bad situation
in front of the Post Office, so I had a dry well put in thoro. I also had one put
in the lower and of Sunset Drive, which doo;; the pamo thing there. -- wo have another
spot that is very bad and t am going to „o riGht on with this same precoss and put
another dry woll at tho south and of Siegel's buildin at Bird and 'Rod 'Roads.
Gontlovenj Ind liko to ask for a place on the nor.t Agenda to proposo an ordinance
on City employees, and bopartmonts as folla#a:
"Ordinance to bar persons a,.V1. yed by tho City of South Mud i`rtrt participatiti ,
its oleotionboris or prosiotin d6tdi lat63 for public office, either by pat t"Lons
vorbally be btlidevtino. Said orjiunndo is rot intondod to in tiny m''►hndr bake a iffy
tiny 1"dividital rights, but is inWotiddd to bdr PdrJoris pk.il b," thn to of OP ,soat1h -M mu'
f'rem pro;,otlnr, any group or ifidi °ida6l ,for public 6-TIC6 vihile roddiVitig dalArld
trop the City of Sottth —imil. 1t i..* riot the stitctit of frdinracd t;. intdludd any
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but those persons regularly employed by the City of South Niami on a considered full
tim3 basis. Subjact -be penalty of dismissal from employment with the City o£ South
Miami. All preferred charges to be 'heard by the Council, and the right of the in-
dividual safe guarded as per Charter amendment pertaining to dismissal of ;persons
employed by the City of South Miami."
Mayor Fritz: It will be placed on the next Agenda. - -- We have some new busin'e'ss that
has Como in since the last report. One is a matter hero of insurance policies. I had
all of our insurance policies surveyed last week, with the idea of trying to save some
money on our overall insurance picture. - -- Further, since this is a windstorm policy,
I think that we ought to go ahead and renew it because I understand that the insurance
companies are fighting shy of writing windstorm insurance in the State of Florida. --
n;I requested' a policy for fire insurance only on the bulldozer. Windstorm isn't
going to bother it, and it is not going to be stolen. However, there is a possibility
of fire, so I asked for a premium covering it for fire. Full coverage for fire only
on that bull dozen will cost us 7131.30 a year. v
Following discussion, Councilman Bryant stated his suggestion is that we have it insured
just as the-Mayor recommended.
Following further discussion, Mayor Fritz 'stated he would call Troup and a couple of
the other heavy equipment people, and see vhat they doh and will report this at next
meeting.
Mayor Fritz`: I have hors a letter from Clement L. Theed. As you will recall, Mr. Theed
sent through the Police Commissioner ajetter to the Council informing us that he was
taking his vacation and that unless an increase in his fee was made, that he was
afraid we might have to 'look for someone else to fill the post. You will also remember
at the special meting, I road you a copy of the letter which I sent to Ur. Theed in
reply, leaving the issue entirely up to him, but stating that we could not raise the
fee. A temporary judge was appointed for his absence, and on August 10 I received a
reply from bar. Theed, as follovrs
"Pleaso pardon the delay in answering your "letter of July 19, as it was misfiled
during W absence from the City and when called to my attention we finally located
the original. o
I wish to express nV thanks for the sentiment contained in your letf.er and to
assure you that in view of the circumstances I readily realize the impossibility of
an adequate compensation being arranged for and under the circumstances I can do no
more than the rest of you public spirited citizens who are serving our community.
This is, therefore, to advise you that after due consideration I shall return
to iV, post and continuo my duties as Municipal J t;oge effective August 22, 1951.
Again expressing my appreciation Par your remarks and assure you of my fullest
cooperation, I am,
Most Sincerely
(Signed) Clemant L. Thooa
Councilman Corley: - -- I am in favor of holdiy; this over to the next Council meeting.
I am 'definitely in favor of anotker judge.
Volloidit; disettsr.ion, 1,C; or Pritt at-itod he vaill hold it orer, for a placo on tho Agenda
Par the regular Council matim- of Aq!,ust 21.
Mayor Fritz: I Piave two roq`ia,, is hors, for r sfMnd of g,#trbAgo collo Ada Poos r - - --
At t1. w poirtti p._. do jtiitt �s1 tNto ,oet itg.
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Councilman Corley: The general practice on that has been to refund it, if they only
used it a month. - - - -- I make a motion that itr. J. TiBasci and Per. Henderson be
refunded U.66 each on the garbage service fees.
Councilman Bryant seconded the motion. ra
Councilman Gluck: If an affirmative vote means a precedent, I want to vote I'No,"
and I''d like to have an opinion on that. If it applies to just these two, I will Co
along with it.'
Further discussion followed.
h1ayor I'ritz: The precedent has already been. set. Now vie have a new ordinance, which
would prevent the Council from making this :refund. However, there is also nothing
to prevent this Council from sorting up a Policy horoafter. I would suggest that
these two be refunded, since precendent has already been set and nothing has been
done to the contrary. But, Hereafter, I would suggest that all receipts that go
out on quarterly payments have stamped on them "Not refundable." Then there is
no question about it, and even though precedent has been set, there won't be any
question and we won't have any more requests on it.
Further discussion followed.
Mayor Fritz: There is a motion before the Board that the refunds be made. The Clerk
will poll the vote.;
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Polled vote as follows:
Gluck yes Gresham no Corley yes Bryant yes
..' Mayor Fritz: The motion carries. However., it doesn't give us sufficient votes t0
spend this money.' It takes four- fifths. Therefore the refunds cannot be made. - --
We postponed at our last meeting the decision on our fire equipment for one
week,, to give us sufficient time to - s•tsudy these bids. Are we re-ady now to take action .
on the bids on the fire ;equipment? ---- -I1uch discussion followed•
Councilman Gluck 'stated I would like to nmko a motion vie reject these bids and rid
advertise•
Mayor Fritz: There is a motion made. - -- Notion dies for lack of second.
Ikirther discos lion followod
Mayor Fritz: Wo still have seven daya on our bid bonds for you to chock that, if you
want to hold it over. - -- Therefore I renuo:t a motion for an advance on theso bids
until our next Council meeting noxt Tuesdays nirht, v8tich vAll Vivo our Viro Comni:tsionor
and the real of -bite Council an opportunity to loblt into the different pieces of
equipment and possibly find out why soire of tho bids havo not erma throurh with a bond.
Following discussion, Cou oilman Gresham made a motion that 'tile rotterve a docision on
the bids until na t Tuesday ni jtt. At that tiro action definitely will be taken on
the bids.
Councilman corloir a000nded the motloh.
tua4ter xi'itr;s - - -- Bent, XJi`;i/ ta:oro it ot�o of.'dr iton that we a'hould lost] with tonxg6t.
You t7ill rocall that about four rton htt ago at a ,joint hiatitig €o: tho Council *and tires
Advisory ;'oninr, and Vl�^e An„ :!onrd, we raquo;jtad iiv�-. i:e Advit ory �;dnitt- t ud Maiming
Board , ai u planrr vo ro-dravt frtsr z�stti t: t6do gttd p,rrtw up q nd.4 p. 21Jei� °pfco..W stt to
Page --4
the hiring of an expert to do this work for them. A committee was then appointed from
this Council to check further into the matter and to meet with this exper•L and to
make a recoriw.ondatio , to the Council - -which they d16,. An offer was made to Ic'1r. Preston
'
to proceed with the work of drawing up a new zoning ordinance and a new map for a fee
of w'1,000. Specified in this offer was that the wort; was to be completed in four
months, and that it would be accepted by the Council. '41e received a letter from
L9r. Preston in reply to that, stating that the terms were not satisfactory, in that
when he completed his work, he expected to be paid. - -- Pdr. Preston understood by
the letter I wrote that he would not be paid until the ordinance was passed by the
Council. The letter that I wrote, and the intention t)iat I had when I wrote it was
that he would be paid as soon as the Council accepted his work as complete. - --
c
There is where the misunde,st�ndino came in. Ho�eever, ir_ his letter he did state that
unless we accepted his proposal by the 1st. of August, he would have t6 withdraw his
off ere We didn't accept his original offer by the 1st. of August, and in the interest
of getting a new ordinance written, I made an effort to £i'tid out if we could got
someone else to draw up this ordinance. I therefore wrote to the firm of Baxter,
Godwin & Shartle. (Reads letter he wrote.) They replied to my letter on August 3.
(Reads letter from Baxter, Godwin & Shartle.) G
Plow, I don't propose to put professional foes on a bid basis. I merely want to '
show that we have made efforts to have the work done. Mr. Preston has explained to
me his misunderstanding of my letter, or my misundorstandinE; of his. I have` asked him
to appear before the Council this evening to male any final offer for a ,final decision
by the Council on this work., - - --
Mr. John 0. Preston: -- - - -"he proposition that was p'ut up to nn. was to give advice
and guide your Planning Board in preparing their recommendations. _I agreed to dray
up the ordinance. It doesn't need any additional legal advice and shaping up, because
I happen to be both a lawyer and an engineer. I agreed to draw up the complete ro-
gulations as I thought they ought to be, and sit with the Planning Board during
several sessions and make adjustments to help them get their roeommendstion ready for
the Council. --This us professional work and -I couldn't change it to any extent
except to Give you 50 days from the time I`prbsont my final draft to the Planning
and Zoninn, Board,
I have put tw.j proposal in letter form hero, and would like to have an answer on
that in t'ho next day or tyro, because I am either going to ditch this work and go on
to something else, or finish this tip.
Mayer Pritz: Let me read the letter that Ito has proronted. Lottor read as follows:
"If your City Council agrees that "acceptance of the ordinance" mentioned in
your lotLor of July 25th, w131 bo within sis:ty days after I submit 'my rocomaondationa
to your Planning and Zoning Board, T grill procood with twf work of revision.
It In understood that, +firm,,? the 50 day poriod, I will confor with your planning
5oning Board and your Council, on roquort, to ,':iako a.Grood adjustments and changoa
in tbo proposed ordinnnio and'zrap
1 ragrou to,avtlt -it V proponuJ rovicivn or blo zonitt; ardinh.nco before Ccto'bor 31,
10tyl Land tiro prdpottod zonin; t.np tlilirtt da -�: at',or you furnish the with two prints of
an uo- to -dato ref' 10101 recap OV South 1.41'n:tl:, ittclatlin�- tall nnnexationn
�irr' Y tt °,.u:T ti C'L.t'l, bo :"ads+ novl or Miter ,ii' .z V aria 8d.",itod tii''.fir corplotion
of t40 AbOV0, i'dr Afloo 9ft'01s Vs +9Yr °�':Ctl Or `b tlll Or paetidl ravi!jiot�T�itN1. r
y+/tyy�dy]y.'�:
ptk lle 1 &wrin 9.' *9a•. or k� n.'vl o on �.� AW9 Vox LJ4dl .i�'� r ti.'�a=164 o,u '�S itw* '.
iyo�ittWd my. , 0!,, '�:iJS tort .rit'����:3w tt&� .r�i p�•�.�riJ &:eft t3 wxao �td��itil
Fr y�onyl'�r'_.s"T� lob
qx�¢ a
0WtwuiBt rUjrdrro4l to �.n 4�NY.A.:y lob C?q 0.1
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Paso -- 5
Councilman Gresham: - - -I make a, motion that we accept the recoir mandation of Mr. Preston
of August 14, 1951•
Coupcilman Bryant seconded the motion.
Discussion followed.
Mayor Fritz;: Let me bring out, gentlemen, that wo have already passed a resolution'
authorizing, the payment of this money to tor. Preston. Before we go to the voter "
if there is any question in the minds of any of you of the Council or Mr- Preston as
to whether or not we have a meeting -of the minds on this think, let's got it ironed out
now.
Discussion follaved.
Mayor Fritz called for a -vote, and the motion carried unanimously.
Mayor Fritz: - -- There was a' question brought up on salaries as to whether or not
they should be made by resolution. - -- I have here a resolution authorizing the in-
crease of salary in various City de-partments effective July 1, 1251, and ending
June 30, 1952. Reads Resolution No 430 as follows=
RESOLINION NO. 430
A RESOLUTION AUTHORIZING AN INCREASE O'V SALARIES
IN VARIOUS CITY DEPARTMENTS EPPIECTIVE JULY 1, 1957
AND ENDING CUPRM,,,T YEAR JUNE 30, 1952.
MHER2A8 , since July 1, 1951 and since the cdopt -ion 62 :,:e budget for the current
fiscal year, it ha„ b000tw nece,; az to ^,,i; u�, a ach;a.ot <lo W' ;.elexies and ear allowances
to assure the operation of City Departments, and
IMEREAS, it is essential to the safety and welfare of the residents of the City
that these services be maintained, -
NOW THEREFORE `, BE IT RESOLVED.:BY TFIE 14AYOR AND'TfTE CITY CODN:CIL OF SOUTH PAAIo4T_;, '
FLORI DA:
That tho schedule of salaries in the 'City Departments be set as follows:
SANITATION UEPARTUENT -- Effective August 2nd., 1951 and through the current
Budget year ending Juno 30, 19529
J. C. White 55.00, per week
Loren White 50.00 per weak
Charles Biebor 45.00 per week
Laborers, 981 per hour'
INSPECTION UEPARTIOTT
R. C. Gamnage 325.00 per month
STREETS DEPAIU.11 NT
John Shuck, Sr. 325.00 par month,
CAR ALLOVIANCE
Galmo -ge 90.00 per month
BOA C. powoll 50.00 per month
aftaetive ec or July 1, 1951 and through tho current budGot ,year ending June 30, 1952.
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Councilman Corley: I make a motion that Resolution No. 430 be adopted as read.
ti
Co #ncilman Gresham seconded the motion.
Polled vote as follows:
Gluck es Gresham es Bryant yes Corley yes
yes y '
Motion carried.
Mayor Fritz: I now have Resolution No. 431, authorizing the expenditure of funds
for advertising purposes, as appropriated in the 1951 budget. Read as follows:
RESOLUTION NO. 431
A RESOLUTION AUTHORIZING THE ,EXPENDITURE OF FUTD6.
FOR ADVERTISING PURPOSES AS APPROPRIATED IN THE
1951 BUDGET.
WHEREAS, certain funds were set up in the 1951 -1952 fiscal budget for advertising
purposes, and
WE[tEA5, a portion of those funds have specifically boon approved for expenditure'.
NOW, THEREFORE, BE IT RESOLVED BY THE b1AYOR AND THE CITY COUNCIL OF SOUTH L4IATIII ;
FLORIDA;
That the folloWing amounts be gild for advertising,- and the City Clerk is hereby
authorized to draw checks in the nams of and amounts below listed:'
South Miami District Chamber of Commerce X2,000.00'
Co coplum Woman's Club 50.00
Councilman Gresham: I make a motion that Resolution No. 431 be adopted as read.
Councilman Bryant seconded the motion.'
Polled vote as follows?:
Gluck yes Gresham yes Bryant yes Corley yes
Motion carried*
Mayor Fritz: Mr. Ruff's bill for legal services for the month of July, 1951, for )75.,
was presented at the last Council meeting and the notation was put on it that an
itemization should be secured. I don't know whother it has been itemized yet.
Attorney Ruff: Not at this time. '---- (iduch discussion follovred) -- I am just going
to leave it up to the Council and if they want to vote that I must render a regular
itemized statement for every single thin;, with a specific charge for it, then that
will be the policy of the Council.
Mayor Fritz: There is only om thing, tar- Ruff- I have requested an itemization
of the bill*
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Councilman Gresham: I make a motion that this bill be paid as presented, and we mill
go on from there later Olt•
Councilman Corloy: I vtill go along with that,' nnJ from hero on Wo All establish bur
policy. I'll second that.
Polled vote as Follows:,
Gluck ;yes Gresham yes Bryant yes, Corley yes
Motion, carried.
Mayor Fritz: Gentlemen, before you go any further, this bill will not be paid. - --
In the first places I won't approve it until it is itemized.
Following iscussion Mayor Fritz stated, as Mayor, I have to approve this bill, and
g , y a Y ,
I cannot approve it until I 'know what it is for.
Discussion followed.
Councilman G +reshams - -- I make a. motion that Mr. C. L. Brooke be appointed as fireman
for a six- months probationery period at a salary of $200. a month, with a $75. uniform '
allowance, beginning August 1, 1551.
Councilman Corley seconded the 'motion'.
Polled vote as follows:
Gluck yes Gresham yes Bryant, yes Corley yes
Motion carried.
Councilman Gresham: I would hike th ask the Council to discuss the plans for the new
fire station.
Much discussion followed:
Mayor Fritz:` We have an offer, then from Mr. H. George Fink to do the architeeturcl -•rork
on the building and supervise its construction for -a fee of $500
J,
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Councilman Gresham: I make a motion that a resolution be drawn authorizing: Mr. Fink
to draw the plans for a fire station.
Councilman Gluck It does come under Mr. Barrows department;, Did he O.K. it before
he left?
Mayor Fritz: Yes, and Mr. Gresham was to get in touch with Mr,., Fink on it
Councilman Corley; I second the motion.
The motion carried unanimously,
Councilman Gluck: I move we adjourn.
Councilman Corley; Second.
The 'meeting adjourned at 9:45 P.M.
Mayor ..anE Pr� dont of City Council
ZATT-5.
..,,..�...�...... Deputy