Loading...
01-09-1940 Regular Meeting1. MINUTES OF THE MEETING OF MIAMI SHORES VILLAGE COUNCIL JANUARY 9, 1940 The regular monthly meeting of the Miami Shores Village Council was held on January 9, 1940 at the Village office. All members of the Council were present as were the Village Attorney and the Village Clerk. Reading of the minutes of previous meetings were omitted. ( The first matter of business to come before the - Council was the selection of the Mayor for 1940, and it was decided that Mr. Kitson would continue. Mr. Lindsey then made a motion that the Village Manager, Mr. C. Lawton McCall, the Village Attorney, Mr. George Edward Holt, the Village Judge, Mr. T. J. Blackwell, the Associate Village Judge, Mr. Roy Sappenfield and the Village Auditor, Mr. Warner Ring, be re-employed by the Village in their respective posi- tions and capacity at the respective salaries, wages and compensation they immediately heretofore have been receiving for a period of one year from the date of this meeting. Said motion was seconded by Mr. Milledge and unanimously carried. Mr. Lindsey then made a motion that Coiin Simmons, The Village Marshal, who is now under suspension for the reason and causes appearing in the minutes of the last three preceding meetings be re -instated as the Village Marshal at the will of the Council at the salary he was receiving from the Village at the time of his suspension, under the direction and complete supervision of the Village Manager; to report to the Village Manager with his duties defined and declared to be the proper and adequate policing of Miami Page 2 1-9-40 Shores Village exclusive of the inclosure of Biscayne Kennel Club except as his services as Village Marshal shall be required within said inelosure in' the opinion of the Village Manager or at the request of the officer or officers designated by. the Village Manager to police said Biscayne Kennel Club and that Mr. Simmons be deprived of one week's pay. Said motion was seconded by Mr. Pruitt, and in the discussion of this motion the Village Manager was asked for a report on previous instructions to secure a canceled note from Mr. Simmons .that he had displayed at a Council meeting in December. -The Village Manager read a letter written to Mr. Simmons on January 4, 1940 a copy of which is attached hereto and made a part of these minutes. After further discussion a vote was taken on.the motion with the following results: Mr, Milledge No Mr. Stockdell No Mr. Pruitt Yes Mr. Kitson Yes Mr. Lindsey Yes The motion was carried. The next business to come before the Council was the proposal of the Miami Shores Optimist Club for the privilege of meeting at the Community House each week for dinner and a Club meeting, And as the question of final acqui6ition of the deed to this property is pending the Village Attorney suggested that no action be taken on this proposal until title to.the property is acquired by the Village. The Council then discussed a proposed franchise to the Peoples Gas Company, and the Village Attorney submitted a report Page 3 1-9-40 outlining the terms of said franchise, a copy of which is attached hereto and made a part of these minutes. Mr. Milledge moved that a committee of five residents of the Village be appointed to investigate the proposed franchise from the standpoint of the citizens of the Village and report their recommendations to the Council. The motion was seconded by Mr. Stockdell and unanimously carried. Mr. McCall then introduced and read a letter written by Mr. McCune and addressed to Miami Shores Village, said letter being attached hereto and made a part of these minutes. Mr. Milledge said in his opinion if the receivers have some business to take up with the Council they should write a letter to the Council or appear in person. Mr. Lindsey then made a motion that the letter be acknowledged and filed, the contents of the letter to be discussed if, as and when the other controversy is settled. Mr. Milledge seconded the motion and it was carried by a four -fifth vote - Mr. Milledge dissenting. Mr. Holt was then recognized by the Chair and he stated that he had consulted with Mr. James Carson and had retained him to assist in defending the suit of Bessemer Properties and that Mr. Carson had agreed to do so upon receiving a retainer of $500.00 and for such other fees as agreed upon between Mr. Holt and Mr. Carson. Should any dispute arise regarding this or other matters which cannot be settled between these two gentlemen, such dispute or disputes is to be decided between the members of the Council who are attorneys. Mr. Lindsey remarked that he believed he made a motion at a previous meeting to appropriate $1,000.00 out of the Page 4 1-9-40 y4 yzfunds for the Bessemer suit, but there was no agreement to pay anybody a fee. He further said if the time ever comes that the Interested parties can ever sit down and discuss matters from a fairly sensible standpoint there will be no need to bring in any other counsel other than Mr. Holt and that he expects to see Mr. Holt reasonab1ie compensated for the extra work he has and is putting into the case, and he would like either Mr. Holt or himself to communicate this to Mr. Carson. Mr. Lindsey moved that somebody be designated to appoint a person to see Mr. Carson and tell him that "until we have a law suit we don't want to pay out any sum". Mr. Milledge then spoke as follows: "I believe counsel should have some direction in the pending litigation. We have had a law suit for two months and the Village has filed an answer seeking to defend the foreclosure. When the case was brought up at a previous meeting I understood that we were to employ additional counsel, the personnel of the counsel to be left to Mr. Holt and that an appropriation of $1,000.00 was made for that purpose. It seems the only question now is if the Council wants to recind its action - that is a definite thing. Let's just be honest enough to say that we have changed our minds. The point I am getting at is that we either meant that, or we were bluffing. In my opinion if this Village is going to get what it is morally and legally entitled to, I think it will have to get it in Court. And it is now a question of whether we want George to carry the whole load or whether someone should assist him. The Chair then recognized Mr. Stockdell who said he thought the resolution was a very clear-cut one and that Mr. Holt had done a lot of work on the case and the Council ought to say whether they were just fooling or go through with it, as it was no doubt very embarrassing to Mr. Holt. Mr. Lindsey replied saying he didn't see how it --could be embarrassing to Mr. Holt and that if Mr. Carson gets $500.00 of the appropriation certainly Mr. Holt is entitled to a share of it. "Going further," he said, "I don't think Mr. Holt will be embarrassed, certainly I will not be -to talk to Mr. Carson. If there is no possibility of Settling this we will have a few pennies for defense but none for tribute." Mr. Kitson said he voted against the resolution, and that he would like to see members of the Council and representatives of Bessemer Properties sit down and discuss their difficulties within the next ten days and get over this hurdle, by which the $1,000.00 may be saved. Page 5 1-9-40 Mr. Lindsey then said that unless within his judgment substantial progress has been made to reach an amicable settlement he would ask to have a meeting of the Council called to act upon it. Mr. Milledge then made a motion for a special meeting of the Council at any place designated with representatives of Bessemer Properties and Major Harloe within the next two or three days. Mr. Milledge stated he understood the. Major has been here for five days and may be here only a few days longer and since he is the one the Village was most in contact with, he would be the man to see. He further said he thought it was clear *w the WPA has an interest in the Golf Course and that the presence of the Major might be half of the solution. Page 6 1-9-40 The motion was then changed to read as follows: .1 move that the Mayor call a special meeting for the Council and that representatives of Bessemer Properties together with Major Harloe be invited to attend, said meeting to be held before Saturday, January 13th. Mr. Lindsey seconded this' motion and it was carried unanimously. Upon motion made by Mr. Lindsey and seconded by Mr. Pruitt, Council approved and ordered the December bills paid in the amount of $ 980.12 , a list of same being attached hereto and' made a •part of these minutes, after which the meeting was adjourned. APPROVED. BY THE COUNCIL: Mayor lla: = Manager4nd Clerk Page 4 2/13/40 VILLAGE BILLS - JANUARY, 1940 Bessemer Properties, Inc. 80.00 Berner -Pease, Inc. 5.13 Brooks Paving Co. 47.00 Cunningham's 8.35 Dixie Tire Co. 36.01 Mr. Foster's Store 35.10 Freeman & Son .35 Goodyear Tire Co. 1.30 Holden -Wood, Inc. 16.80 Houser Co.,Inc. 170.06. Little River Hdwe. Co. 17.53 E. G. Little 7.50 Little River Press 106.00 Maule Industries 1.75 City of Miami Dept. of Finance 300.00 City of Miami Div. of Shops & Wastes Disposal 87.88 Miami Parts & Springs Co.,Inc. 2.58 Mills Rock Co. 4.00 Mills & Williams 35.25 Municipal Finance Officers' Association 5.00 Nelson's Garage .85 Orange State Oil Co. 98.24 O'Clare Electric Co. 10.00 Office Equipment Co. 26.50 T. V. Oxtoby 9.58 Patten Sales 27.02 Railey-Milam, Inc. 68.00 Renuart Lumber Yds, Inc. 58.47 Sayre Pharmacy 2.75 Sinclair Refining Co. 7.20 Southern Bell & Telegraph Co. 34.95 Southern Glass Co. 10.50 John H. Spies 2.00 Skagseth Stationery Co.,Inc. 33.00 Spruill -Gordon Paint Works, Inc. 6.45 Cash 16.24 Fla. Power & Light Co. 1'79.34 335.34 $1714.68 1 January 4, 1940 Mr. Collin Simmons 59 N. E. 101st St. Miami Shores, Fin. Deur Mr. Simmons: Pursunt to instructions of the Village Council I do hereby request that you let me have the note displayed to the Councll by you on December 23, 1939, for the purpose of subAtting s me to the Council for further instructions. I suggest that you do this by registered mnil or in the presence of three witnesses who are VillHge residents. For your Infor2aation I have talked to Mr. George Burkell who stated that the note in question was per- fectly n11 right but that you owed him other money. 1 cn11 this to your attention becnuse I believe the Council under - Stood you to iraply ut the tiAe you dispinyed this note that you were not further obligated to Mr. Burkell. Trusting that this matter will be settled next Tuesday night, I HMI Very Truly yours, C. Lawton McCall Village Manager Belcher Oil Company Berner -Pease Inc. Bessemer Prop. Inc. Cunningham's Dixie -Tire Co. VILLAGE BILLS - DECEMBER1939 At'ct. 7 - General St. Impr. Fund 50 Gal. Cut -Back Asphalt, Inv. #1005-R Acct. 33 - Police Gen'l Car Repairs 1 DR 244x .35 1 DR 118 .25 1 DR 135 _.19 10 J8 plug4.10 Acc.70 Garbage Repair & Parts 1 Set Manifold Caskets Acct. 75 Community House Group 1 Gal. Gunk Acct. 60 - Garage rent for Jan. '40 Acct. 79 -office rent for Jan. '40 4.89 .60 1.75 50.00 30.00 7.50 J 7.24r 80.00A - Acct. 74 - Mise. Suppl. Recreation Dept. . 2 basketballs 6.50 1 doz. Ping Pong balls .40 6.90/ Acct. 32 -Police Dept. & Tire Replacements 4-600x16 Ply. Del. 48.72 2 -CD 16 Tubes ! 4.38 53.101 Electric Sales & Serv. Acct. 56 -Pkwy Genii Repairs' 1 GR10 105 Bendix .28 Acct. -33 Police Car Repairs - Repair Generator 7.75 Fla. Power & Light Co. Acct. 13 -Office Elec. 12.00 Acct. 14 -Garage & Nur- sery Elec. 12.32 Acct. 15- Community House Elec. 1.72 Acct. 16 -Traffic light (NE 96th St. & 2nd Ave.) 5.60 Acct. 17 -Traffic light (Biscayne Blvd.& 96th St) 6.72 8.03 1 VILLAGE BILLS - DECEMBERS 1939 Fla. Power & Light Co. Aect. 18 -Traffic light (Bisc. Blvd. & 89th St.) 6.72 Acct. 22 - Street Lights 286.40 332.38, Mr. Foster's Store Special 1100.00 Approp. (ord. 90 1 Fm. Clearcopy 82)(14 2.00 1 82x14 lt.wt. midnite 3.50 5.50 1 Rm. 82x14 Clearco y 2.00 1 Box 8x14 carbon 3.50 20 guide markers 1.75 7.25 12.751 Gresham Stationery Co. Acct. 80 Misc'l Office Supplies Harmon Inc. Special $100.00 Appr. 2 BW & 1 BB MSV zoning map 2.37 1 BW zoning map .75 4 of 2 BW City & zoning map 6.20 3 BW Proposed widening of Bise. Blvd. 1.28 10.60 Holden -Wood Inc. Acct. 55 -Pkwy Dept. Misc'l Supplies 32 lbs. can graphite 1.65 Acct. 56 -Pkwy Dept. Repairs Pts. 1 Chev. Vietrelex 1.62 Acct. 33 -Police Dept. Gen']. Car repairs 1 DR 94 voltage regulator 2.68 Acct. 70 -Garbage Dept. repairs and parts. 3 cans Permetex 1.05 7.00/ E. G. Little Acct. 42 -Traffic Signal Maintenance 1 case traffic lamps (60) 12.00/ Little River Hdwre. Co. Acct. 55 -Pkwy Dept. Misc'l Su plies 363/4 #3/16 Galv. Chain 7.99 82 5/8 rope 2.55 12 repair links1.1.20 1 HS Frame .75 6 HS 7 b HookseS .70 13.70 13.79 VILLAGE BILLS - DECEMBER, 1939 Little River Hdwe. Co. Little River Press Maule Industries Miami Water Co. City of Miami (Dept. of Finance) City of Miami (Division of Shops & Waste Disposal)' Orange State Oil C o. Patten Sales Company Railey-Milam Inc. Acct. 54 -Pkwy Misch Tools 1 14 Street broom 1.15 1 14 Street broom & handle 1.35 2 eveirday scrub Brushes .40 1 Warehouse broom 1.00 1 18" Westchester broom 1.95 1 G ub hoe & hand. 1.20 2 Picks 1.00 Acct. 71 -Garbage cans 6 #218 Garbage cans Acct. 80 Misch Office Supplies Repairing office store Acct. 80-Mis' cl Office Supplies 2000 Letter sheets Acct. 7-Gen'l Street Impr. Fund 2 yds. sand Acct. I9 -Garage & Nursery Water Acct. 20 -Office Water Acct. 21 -Community House Water Acct. 34 -Police Radio Service for December Acct. 72 -Garbage Disposal for month of December Gas & Oil Inventory 315 gals. of gas Inv. 47935 470 gals. of Gas Inv. 46398 Acct. 33 -Police Gen']. Car Repair Acct. 71 -Garbage cans 1 doz. 11261 Garbage cans 2.50 3.55 2.20 17.09 5.69 13.09 50.40 75.20 8.05 8.82 1.61 32.27 6.761 2.50 35.87 50.06 1 72.09 l 125.60 .42 1 17.00 VILLAGE BILLS - DECEMBER, 1939 Renuart Lumber Yards Acct. 75 Community House Equipment 1 lb. 4d com. .06 1 qt. Celutone 1.10 1 qt. Turpentine .25 2 brushes .90 1 pkge patch plaster .45 1 tube raw tenna .20 1 qt.- Ivory Celutone 1.10 r qt. mineral spirits -10 4.16 1 C"' alcimine brush 3.00 50 lbs. of Wall Tent 5.75 1 10 'qt. pail .35 1 qt. mineral spirits .10 Acct. 7 -Genii ST-Fgt Impr. Fund 5 bags of cement Sayre Pharmacy 8.75 .45 13.36 3.50 16.86 - Acct. 80-Miec'l Office Supplies 1 150 light bulb .20 1 bottle furniture polish .25 1 150 light bulb .20 .65 Acct. 42 Traffic lights 2 bulbs .40 1.05✓ Shayne Dixie Music Co. Acct. 75 -Community House Equipment Repairs to phone. Skagseth Stationery Co. Acct. 88-Misc'1 Office Supplies 1 model 90 push feed pad 1 box 960 Stencils 12.00/ .30 3.60 3.80( John Spies Acct. 39 -Police Gas & Oil 4 tube jobs 3, 10, 17 & 24, & 31 2.50 Acct. 33 Police Gen'l Car repairs 1 light bulb .25 1 light bulb .25 .50 3.001 Southern Bell Tel, Co. Acct. 10 -Office Phone 13.37 Acct. 10 -Office Phone 10.25 25.62 Southern Bell Tel. Co. Spruill -Gordon Paints Village Service Sta. Sinclair Refining Co. VILL&GE BILLS - DECEMBER, 1939 Acct. 11 Gar. Phone Acct. 12 Tel. Long Dis. Acct. 42 -Traffic signs Maintenance 5 gals. white traffic paint Acct. 33 -Police Gen']. car repairs 1 XT 151 Exide Battery Acct. 58 Gas & Oil Pkwy 5 Gal. Kerosene .65 4 Gal. Kerosene .52 Gas & Oil Inventory 6 Ga. Penn. M. Hoy 3.60 25 Ga. Opa Gear lube 2.97 11.70 .80 8.55 1.17 36.12, 10.00 < 9.72 • 6.57, 980.12,