06-09-1942 Regular MeetingMINUTES OF REGULAR MONTHLY MEETING OF
MIAMI SHORES VILLAGE COUNCIL
JUNE 9th, 1942.
The regular monthly meeting of the Miami Shores Village
Council was held on June 9th, 1942, with all members present
as were the Village Attorney and Village Manager.
The minutes of the meeting of May 12th were read
and approved.
The Council took up the matter of R. L. O'Dell's
request for refunding of building permit fees in cases where
permits had been secured but the houses not constructed due to
material restrictions. This matter having been brought over from
the last meeting. Upon motion of Mr. Arnold and seconded by
Mr. Earnest, with Mr. Stockdell acting chairman, the Council
ordered that Mr. O'Dell be refunded $57.00 by a three-fifths
majority with Mr. Childress. and Mr. Stockdell dissenting, who
stated that in their opinion the permits were taken out to
beat a government order and the fees should not be refunded.
Mr. Robert L. Weed and his Attorney, Mr. Thomas H.
Anderson, appeared before the Council and discussed Mr. Weed's
claim of $1550.00, balance due on architectural fees in connec-
tion with the Golf Course Club House. After some discussion Mr.
Dooly moved that the Council take the proper steps to settle
Mr. Weed's claim on the basis of 10% cash now; 30% February
15, 1944; 30,% February 15, 1945, with interest at 4% and payment
of court costs not to exceed $100.00; that the deferred payments
be evidenced by Certificates of Indebtedness of the Village, and
that Mr. Weed's suit be dismissed. Mr. Arnold seconded the
motion which carried by a four-fifths majority,. with Mr. Stockdell
dissenting and stating that he thought the costs to be excessive..
Mr. Weed agreed to accept the proposal set forth in the motion.
Mr. Dooly then stated that he had discussed the Hector
Supply Company judgment concerning golf course bills with Mr.
Hector, and that Mr. Hector had agreed to a similar settlement.
Mr. Sappenfield stated that he had prepared a resolution in
accordance with Mr. Dooly's instructions.
Upon motion of Mr. Dooly and seconded by Mr. Arnold, Resolution
No. 255 was unanimously adopted, said Resolution being entitled:
A RESOLUTION AUTHORIZING MIAMI SHORES
VILLAGE TO SETTLE THE JUDGMENT IN THE
TOTAL AMOUNT OF $5533.85, NOW HELD BY
HECTOR SUPPLY COMPANY, BY PAYMENT OF
A PART THEREOF IN CASH, BALANCE THEREOF
TO BE EVIDENCED BY CERTIFICATES OF
INDEBTEDNESS BEARING INTEREST AT 4%
PER ANNUM, AND AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK AND MANAGER
TO EXECUTE AND DELIVER CHECK ON THE
VILLAGE FUNDS.FOR THE CASH PAYMENT AND
CERTIFICATES OF INDEBTEDNESS EVIDENCING
UNPAID BALANCE OF SAID JUDGMENT.
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Mr. Dooly then moved that the Council go on record as
appreciating the cooperation of the Hector Supply Company in
the settlement of their judgment in this matter. Said motion
was seconded by Mr. Arnold and unanimously carried.
Mr. Arnold moved that the Council approve settlement
with the Renuart Lumber Company on their bill of $4343.70 on
the following basis: 10% in cash, and that on February 15, 1943,
we pay 30% of the unpaid balance; and that on February 15, 1944,
we pay another 30%; and that on February 15, 1945 that we pay
the remaining 30% with 4% interest from date, and that the deferred
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6/9/42
payments be evidenced by Certificates of Indebtedness of Miami
Shores Village, and that the suit now pending against the Village
for the collection of this account be dismissed. Said motion was
seconded by Mr. Dooly and unanimously carried.
Mr. Arnold then made the same motion with respect to the
remaining Golf Course accounts that he made in the Renuart account
as follows:
Crane & Company.
Florida Power & Light Co.
National Fireproofing Co.
Penton Service Station.
R. F. Lawrence
Orange_State Oil Company
and that if accepted the Village Manager and Mayor be authorized
to execute the necessary Certificates of Indebtedness to comply
with the settlement. Said motion was seconded by Mr. Dooly and
unanimously carried.
The Council discussed the second mortgage on the Golf Course
to settle the open account of Bessemer Properties,. Inc. in connection
with the Golf Course construction. The Village Attorney presented
and explained the second mortgage, and stated that in order to
comply with the previous W.P.A. request he had inserted the
conditions set forth in the two (2) supplemental agreements that
had been added to the first mortgage. He also explained that
Bessemer Properties had requested an insertion in the second mortgage
giving them the right to take action to preserve the property in
case of abandonment during the 9 months of abandonment period.
After some discussion Mr. Dooly stated that, "It seems
that if we do not sign the mortgage we are standing in jeopardy
of a law suit, and it seems that Besamer might make a judgment against
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6/9/42
the Village, and by signing it we incur no financial obligation
on the Village; therefore, I move that we sign the mortgage as
prepared". Said motion was seconded by Mr. Arnold and was
carried by a three-fifths majority with Mr. Childress dissenting
and stating that he was not going to qualify his vote, and
Mr. Stockdell dissenting having explained objection to the
Bessemer insertion concerning the preservation of the
property during the abandonment period.
The Attorney then presented a proposed ordinance con-
cerning screen -outs and black -outs which, if adopted, would
become ordinance No. 115. Mr. Childress moved the adoption of
Ordinance No. 115 and that all volunteer auxiliary policemen be
appointed subject to this ordinance. Said motion was seconded
by Mr. Stockdell and unanimously carried. Ordinance No. 115
being entitled:
AN ORDINANCE AUTHORIZING SCREENOUT,
BLACKOUT, AND AIR RAID PROTECTION AND
ESTABLISHING_ ORDERS, RULES.AND.REGULA-
TIONS PERTAINING THERETO; PRESCRIBING PEN-
ALTIES FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE; REPEALING
ALL LAWS IN CONFLICT;.AND DECLARING AN
EMERGENCY. TO EXIST. .
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After some discussion concerning the authority of
the Special Deputy Marshals appointed by the Village Manager,
Mr. Dooly moved that the Deputy Marshal and other special
police that had been appointed to act in the emergency be
furnished with a copy of the ordinance just adopted, and
instructed to regulate their activities. accordingly. This
motion was seconded by Mr. . Childress and unanimously carried.
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6/9/42
The Council then discussed the Village audits and
decided that at the next meeting an auditor would be selected.
Mr. Dooly asked about Air Warden expenses included in
the monthly bills, and Mr. Childress explained to him that $25.00
a month had been previously appropriated for this purpose, and
that 20% is to be refunded to the Village from El Portal:
Mr. Dooly stated in the act creating the Defense Council that
the County was charged with paying for its activities. Mr. Arnold
then moved that Mr. Childress and Mr. Dooly be appointed a
committee to see as to whether or not the Dade County Defense
Council would take care of these expenses. Said motion was
seconded by Mr. Stockdell and unanimously carried.
Mr. Childress and Mr. Arnold were appointed to
prepare a resolution expressing the deepest sympathies to the
family of Chas. K. Lalor.
The Council approved and ordered paid bills for
the month of May, in the amount of $2061.32.
After which the meeting was adjourned.
APPROVED BY COUNCIL: