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07-01-1941 Regular MeetingMINUTES OF MONTHLY MEETING OF MIAMI SHORES VILLAGE COUNCIL JULY 1, 1941 The regular monthly meeting of the Miami Shores Village Council was held on July 1, 1941 with all members present as were the Village Manager and Village Attorney. The minutes of the meetings of June 10, June 18th and June 20th were read and approved (Mr. Earnest stating that the resolution appoint- ing the Village Attorney was read to Mr. Sappenfield and he accepted that in its entirety). Mr. Stockdell stated that it has been customary since the in- corporation of the Village that the Mayor remain in office one year and is so stated in the Charter, but that for some reason the former attorney of the Village and state representative had changed the appointive date from January to July without the request of the Village Council. Mr. Stockdell then stated that since "I have it from good authority that a majority of the council wishes to appoint another mayor, I hereby am resigning as such." (A copy of written resignation being attached). Mr. Arnold then made the following motion: "Mr. Mayor, it is my privilege and my pleasure to nominate for Mayor the man who I think the people selected,in that he received the highest number of votes in the recent election, I, therefore, nominate Mr. Walter Earnest." Mr. Stockdell stated that he thought Mr. Frix or Mr. Childress should be the new Mayor since they had already served on the council. Mr. Frix expressed his appreciation for the willingness of Mr. Stockdell to include his name as a possibility of being mayor but did not want to accept the nomination. Mr. Child- ress then also stated that he wanted to go on record as being opposed to his name being suggested. Mr. Fr ix then seconded Mr. Arnold's Page #2 7/1/41 motion nominating Mr. Earnest as Mayor and a unanimous vote was east upon motion of Mr. Frix. Mr. Earnest then took the chair - - - Mr. Arnold then moved the adoption of the following Resolution, "RESOLVED, that Collin Simmons be employed by Miami Shores Village as Village Marshal, with the duties of Chief of Police, without restriction as to area within the Village limits, and under the supervision of the Village Manager, at an annual salary of $2,500.00: Mr. Stockdell then stated "In the first place, you do not have the privilege of making that salary now as it is not in the budget. In the second place I wish to say that in addition to the fact that Mr. Simmons lied, I do not think that he is in any way qualified for a job ofthis kind. There are very unusual conditions in this country now and I know it to be a fact that most municipalities are looking for educated men who are adapted in police criminology. Mr. Simmons is almost illiterate as I judge by his letters and notes that I saw him write and by his actions in court. The man is in no way qualified. An election of all new people conies about on January 1st in the meantime we should hold the matter in status quo and all of us try to get together on some man that is qualified for police work and not just for sentiment. I think it is a mistake and I will vote against it as long as I am,on this Council." Mr. Earnest then surrendered the Chair to Mr. Frix and seconded the motion of Mr. Arnold. The roll was then called and the result was: Mr. Earnest - Yes Mr. Stockdell-No Mr. F'rix -Yes ¥r. Arnold -Yes Mr. Childress -No and the motion carried. Page #3 7/1/41 Mr. Arnold then moved that the Village Manager be instructed to make the best dispodtion possible of one motorcycle now used in the Police Department. Said motion was seconded by Mr. Frix and the result was: Mr. Earnest Yes Mr. Stockdell No Mr. Frix Yes Mr. Arnold Yes Mr. Childress No and the motion carried. Mr. Stockdell suggested that the roll call be made alphabetically after which Mr. Frix moved that this be made the order of the business at the Council meetings. Said motion was seconded by Mr. Arnold and the result was unanimous. Mr. Earnest then asked if there were any visitors who wished to appear before the Council and Mr. Walter D. Bolton presented a letter to the council suggesting the creation of a committee to serve with and assist the Police Department in any and all of its operations and to work with and assist the council in the operation of this department, said letter being attached hereto and made a part of these minutes. Mr. Frix then moved that the tentative proposal be taken under adviscmrent` by the Council and given serious consideration along the lines that have been suggested and careful thought be given to it under the provisions made. Mr. Childress seconded this motion and it carried by unanimous vote. The Village Attorney then made a report to the Council on The Mandamus Suit brought by the Gulf Oil Corporation, stating that it was argued before Judge Barns on Friday of last week. Mr. Worley was present attorney and argued the matter for the Village. The/said that he attended as an observer at Mr. Worley's invitation and after the argument Judge Barns continued the hearing and set it for 10 o'clock July 1st, 1941, but Page #4 7/1/41 because of some conflict in his calendar he had again continued the hearing until next Tuesday (July 8th). "There has been no dis- position made of the pleadings in the case. I_have been spending my evenings going over the Golf Course files since my appointment. I have finished reading the pleadings and all but about 60 pages of the transcript of court which exceeds 500 pages but I am not prepared to make a report on that at this time. I do not know of anything further that could be reported except - Mr. Holt has turned over to me files in three other suits pending against the Village which involves unpaid accounts for materials furnished on the Golf Course. There are some pleadings in one suit necessary to be filed this coming Monday. I will investigate the suit and find out what should be filed and file same. The other two have been staid by the court pending the outcome of the foreclosure against the Golf Course." ' Mr. Frix asked the Attorney if the actions taken on the Gulf Refining Suit were by the court or on motion of the Attorneys either representing plaintiff or any of the defendents. The reason for this question was so that the council could give consideration to the Krames Company filling station application. Mr. Sappenfield replied that "the continuation of the argument that was started on Friday of last week was postponed by Judge Barns with the request that we obtain early appointment with his secretary for continuation of the argument. We, together with the opposing counsel, went to the secretary and she gave us 10 o'clock today as the time when the argument would be continued. I was notified by telephone on Wednesday that Judge Barns would have to go on the bench since one of the other judges had been transferred to another circuit, therefore, he had to postpone his entire calendar for this week and set it for Tuesday morning of next week. Both postponments were at the Page #5 7/1/41 Judge's orders and not action of counsel on either side of the case." The Village Manager read a letter from Mr. DeLucca concerning land for an incinerator for Miami Shores Village. Mr. Childress moved that the Mayor appoint a committee consisting of members of the council and Village residents to look into this matter to study it with the idea of coming back and making recommendations on what future course we should pursue in that particular matter. Said motion,was seconded by Mr. Arnold. After which Mr. Frix offered the following amendment to his motion: "That the committee include Mr. Childress who has already spent considerable time in going over this property." It was decided that the committee consist of five people - three councilmen and two residents, and said motion carried by unanimous vote. Upon motion by Mr. Arnold and seconded by Mr. Childress the June bills were approved'in the amount of $1560.47 The Council then took up the matter of unfinished business and the first to consider was the rezoning of the property on 96th Street running east of the railroad. After some discussion the Mayor instruct- ed the VillageManager to again instruct the Planning Board to get further information on same. Mr. Arnold also requested that he and Mr. Earnest be furnished with a copy of the map presented by the Planning Board. Mr. Childress then stated that - "I would like to propose the name of a man for the position of alternate judge - I would like to propose Mr. Jas. P. Reeder of the law firm of Evans -Mershon & Sawyer. Said motion was seconded by Mr. Stockdell and unanimously carried. As Mr. Reeder could not be located by phone the Mayor instructed the Manager to inform him of his appointment to this office. The Council then decided that July 22nd be the date on which to Page #6 7/1/41 meet to consider the tentative budget and July 28th be set for the public hearing on the budget, and that notice of the public' meeting be given on July 18th. to Reference was made/the 1941 assessments but the matter was deferred until the proper time to .consider same. Upon motion by Mr. Frix and seconded by Mr. Childress the meeting was adjourned. ilage Manager and ' erk APPROVED BY COUNCIL: )11V/"A.,J&4l2dJk Mayor VILLAGE BILLS - JUNE 1941 AMOUNT A. & B. Pipe & Metal Co. $ 9.00 Acme Speedometer & Electricl Service. 4.73 W.R. Bell 10.00 Belcher Oil Company 61.50 Berner -Pease, Inc. 6.88 Brooks Paving Co. 40.00 Bessemer Prop. Inc. 30.00 Biscayne Tent & Awning Co. 3.20 Burroughs 2.40 Biscayne Engineering Co. 9.17 Bryant Office Supplies 15.45 Biscayne Tropical Gardens 11.50 Christopher Motors .81 Dixie Tire Company 26.92 Fla. Tractor & Supply Co. 1.60 Mr. Foster's Store 7.68 Gas Oil Products 10.00 City of Miami 300.00 Gresham's 9.40 Holden -Wood, Inc. 14.85 Hector Supply Co. 44.08 Jerry & Mack 1.60 Linde Air Products Co. 5.93 Little River Hdwe. 8.08 Little River Press 14.50 Maule Industries 21.10 Miami Bldrs. Supply Co. 6.97 Miami Parts & Springs Co. 4.32 Mills Rock Company 4.00 Town of North Miami 3.00 Orange State Oil Co. 214.56 Paul's Boat Yard 9.85 C.L. Phillips 11.90 Pynchon 20.88 Railey-Milam, Inc. 18.74 Renuart Lumber Yards, Inc. 37.00 Sinclair Refining Co. 44.86 Sayre's Pharmacy 15.30 Skagseth's 3.15 Spies Service Sta. 4.00 Southern Bell Tele. Co. 48.69 L. Vanzago 9.20 Village Service Station 1.70 Western Union 11.76 Cash 26.48 Fla. Power & Light Co. 01166.74 393.73 01560.47