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09-23-1941 Regular MeetingMINUTES OF REGULAR MONTHLY MEETING OF MIAMI SHORES VILLAGE COUNCIL SEPTEMBER 23, 1941 The minutes of the meeting of August 19th were read and approved after correction in that Mr. Childress' motion to change the zoning on 96th Street east of the railroad was contingent on steps being taken to increase the zoning west of the railroad to N.E. 6th Avenue. The minutes of a special meeting held on August 27th were also read and approved. The Village Attorney reported thst the Village was' not en- joined in the suit regarding the burning of garbage at the Nursery as the burning had been stopped before the hearing. The .Council considered the proposed gas franchise ordin- ance and upon motion of Mr. Stockdell, seconded by Mr. Childress, the Council unanimously deferred action on this matter until the next regular meeting. The Council received applications from R.L. O'Dell and Wm. J. Parrott for licenses to operate liquor package stores on N.E. 2nd Avenue. After discussion, upon motion of Mr. Childress, seconded by Mir. Frix, a majority of the Council denied approval of these applications. Mr. Arnold not voting and Mr. Stockdell Mr. Coffeen and Mr. Jorgensen representing the building in- dustry appeared before the Council and discussed the building material shortage and asked the Council to adopt an emergency building code amendment similar to the one adopted by the City of Miami. The Council took the matter under consideration for later action. The Audit Report for the fiscal year 1940-41 was .presented to the Council and upon motion of Mr. Arnold, seconded Mr. Mr. Childress, said report was approved with instruction that in the future, all lots, golf course and all assets and all liabilities be included in the .Audit. 9/23/41 Page #2 The Council received a letter from the W.P.A. requesting that they be notified of any further action on the golf course suit. Letters dated July 14th and July 30th, 1941 from the Village Attorney in connection with the golf course suit were acknowledged by the Council and ordered made a part of the minutes. Upon motion made by Mr. Arnold, seconded by Mr. Frix, the Council authorized the execution of a new agreement with Little River Bank and Trust Company concerning the posting of bank securities by the Bank to guarantee the Village bank deposit. The Village Manager reported that the railroad commission had acknowledged the r esolution concerning express delivery to the Village and that the local express agent Mr. Lumpkin had been making a survey. The Council instructed that efforts be continued to secure this service. A partial report was made on delinquent garbage fees and the Council instructed that Mr. Brady continue on these collections until further notice and that a complete list of all delinquents be furnished the Council. Mr. Frix and Mr. Apnold, the committee appointed to negotiate for additional playground property reported that Bessemer Properties had offered to sell the Village the south one half of Block 105 and Block C, Miami Shores Subdivision, for two thousand 02000.00) on terms. Mr. Childress moved that "this property be purchased at a cost not exceeding 62000.00 to be used as a part of the playground, at best .terms possible, and that the same committee act as purchasing agent for the Village in this matter. It was reported that Mr. John Ritter had returned to work as building inspector and the Council decided to discuss this matter at a later date. 9/23/41 Page #3 Upon motion made by Mr. Arnold, seconded by Mr. Childress, the Council instructed that Frank 0. Pruitt be authorized to put a binder on the Village insurance on October 14th with the understanding that the insurance for this year will be placed on the night of October 14th at the regular Council meeting. Mr. Frix and Mr. Arnold were requested to investigate ten acres of land adjoining the dog track offered to the Village for ,`2500.00 payable 0300.00 per year at 4% interest. The Village Manager was instructed to immediately apply to the County Zoning Board for a permit to construct an incinerator at the Village Nursery. Upon motio@i made by ]Ir. Arnold, seconded by Mr. Childress, August bills in the amount of $2277.57 wereapproved and ordered paid. The Council adopted a new form for condensed balance sheets and reports of. disbursements as presented by Mr. Frix. The Council adopted a plan presented by Mayor Earnest, creating various boards, each headed by a member of the Council and to have four citizens of the Village as members. The Boards being: Health and Sanitation - Childress Planning Board - Frix to act as advisory Streets, Lights & Water - Stockdell Polled & Public Utilities - Arnold Beautification Rec. & Parks - Earnest The Council referred the building material problem to the Planning Board. The Village Attorney asked the Council to instruct him as to what to do about pending litigations. There being two pending suits; 1 - Renuart and 2 - Weed, the Architect. Both of these suits were staid by order of the court until the Golf Course litigation was determined. Mr. Heiser, attorney of Renuart Lumber Yards having requested some kind of an answer to their bill. The Attorney was advised to tell Mr. Heiser 0,23/41 Page #4 that the committee would probably meet with Mr. Hawkins in a few days. Mr. Arnold said that they would call Mr. Hawkins the following morning and see if they could arrange an appointment. The Attorney also reported that he had talked with Judge Holt about fees and stated that he was of the opinion that if Judge Holt should in- stitute action against the Village for his fees that the Village attorney had very serious doubts of being able to obtain anybody's testimoney to present the court in defense that the fees are unreason- able. He also stated that this fee covered work on the Crane Company suit. The Attorney presented his bill for legal services rendered in preparing and filing exceptions to the Special Master's Report, of attendances in court and arguing exceptions to Master's Report, con- ferences with opposing counsel, addlional appearances in court, in the sum of 0250.00 and upon motion of Mr. Arnold, this bill was approved as submitted with Ips. Childress dissenting. The Village Attorney reported that the Gulf Oil Company suit was set down for final hearing but had been postponed until Judge Barnes returned from his vacation. Upon motion of Mr. Arnold, seconded by Mr. Frix, Resolution No. 250 was adopted authorizing the Village Clerk to request, direct and authorize by letter under the Village Seal, the Florida Power and Light Company to install street lights under terms of the existing street lighting agreement. After which the meeting was adjourned. claf Aar ilia;,: Manager - Clerk APPROVED BY COUNCIL: