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10-04-1956 Special Meeting 14,1 SPECIAL MEETING MIAMI SHORES VILLAGE COUNCIL October 4, 1956 A special meeting of the Miami Shores Village Council was held at 2:00 o'clock P. M. , October 4, 1956, at the Village Hall with the following Councilmen present: Mayor Dean R. Cla.ussen Michael J. Franco M. E. Reynolds S. D. Phillips, Jr. William E. Carpenter Mayor Claussen stated that this meeting was called to consider a resolution that we had hoped to pass last Tuesday but that lack of a full Council necessitated calling a special meeting. This resolution formally expresses our feelings concerning the amendment to be voted on at the November 6th election. The Village Manager then read the proposed resolution: "A RESOLUTION REGARDING DADE 3&J COUNTY HOME RULE AMENDMENT fl. When a matter, which materially and seriously affects the welfare of the citizens of Miami Shores Village, is to be submitted to a vote of the people, it is the obligation of the Council of that Village to recommend to its citizens a course of action which the Council deems to be in the best interest of the people of such Village. Such an occasion has arisen in connection with the submission to the electors of the State of Florida at the next general election of a proposed amendment to the Florida Constitution which will radically alter the structure of local government in Dade County. This amendment, sometimes referred to as the "Home Rule Amend- ment", has for its manifest object either the outright consolidation of all of the towns in the area into one municipal government or the partial transfer of a substantial part of the powers and functions of such municipalities to a central agency. The amendment provides that the governing body of the County shall be the Board of County Commissioners, and that this body shall have authority to pass ordinances relating to the affairs, property and government of the County. Under the amendment the Cbunty Commissioners would have power: (1) to change the boundaries of municipalities in the County; 142 1.4'3... -2- 10/4/56 (2) to merge or consolidate municipalities in the County; (3) to abolish municipalities in the County. The Board would have authority to abolish all County offices except. Superintendent of Public Instruction and including the Clerk of the Circuit Court, the Sheriff, the Constables, the County Assessor of Taxes, the Tax Collector and the County Surveyor. Also, it would have power to establish a local court which shall have jurisdiction over all offenses. against ordinances passed by the Board of County Commissioners; and no other court provided by the Constitution or general law shall have jurisdiction to try such offenses. The Council has seriously considered this proposal. It does not believe that the adoption of the proposal is in the best interest of the citizens of the Village. The Council believes that it will be possible under the amendment to abolish Miami Shores Village, despite 'statements by the Metropolitan Charter Board to the contrary, and it is firmly of the opinion that the intent of the amend- ment is either to do that or to transfer a substantial part of the powers of the Village Council to the Board of County Commissioners. If this is not the case then there is no purpose in the amendment. This could mean that the power to enact zoning ordinances might be taken from the Village Council and transferred to the Board of County Commissioners. It could mean that the Village might lose control of the Police force, of garbage and trash collection, of automobile inspection. ,In short, adoption could mean a transfer of power from Village Hall to County Court House and result in home rule not for Miami Shores Village, but home rule for the Board of County Commissioners. It has been urged in support of this amendment that the Village would then have a right, if the charter so provided, to amend the charter of the Village when- ever the citizens desired. This is a wholly illusory right. The Village Charter and the general laws of the State of Florida are ample for the operation of the Village government. But it is urged that the Village charter is subject to repeal-by the Legislature, and that we are in danger of losing our autonomy by virture of the fact that any time the members of the Dade County delegation desire so to do, they can cause our charter to be repealed. It is true that the Village charter is a Legislative Act. It is true that the Dade County delegation to the Legislature, including the senator from this district, could pass a bill, under rules observed for consideration of local legislation, to abolish the Village. Itis quite possible that the Governor would sign such a bill if sufficient influence were exerted to that end. But it does not follow that such a practice would be engaged in; and it is serious reflection upon the honesty and integrity of the men comprising the Dade County delegation to assume that they would cause the Village charter act to be repealed and the Village to be abolished out of pique, fretfulness or malice. The Legislature has had authority to establish and abolish municipalities ever since Florida was admitted to the Union in 1845. The present Constitution, which has been in effect for 70 years, gives the Legislature plenary power over municipal- ities, and there is not as far as the Council knows a single act on record in which the .Legislature has abolished a municipality over the protest and without the con- cent of its citizens. A more vital defect in the proposed amendment, however, consists 144 . -3- 10/4/56 in the fact that under it Legislative, Executive and Judicial powers to a very great extent will be vested in the Board of County Commissioners, and that under the powers so conferred upon them, all semblance of local government in Dade County can be abolished. Thus the Board could make and execute laws, and appoint and remove judges without the people's consent, to interpret such laws. Governments in this country have been established upon the assumption that those who make the laws should have no part in executing them, and that those who execute as well as those who make the laws should have no part in deciding cases brought under such laws. The history of man has shown that whenever the power to make, execute and interpret laws is vested in one person, or body of persons, oppression invariably results; and there is no reason. to suppose that since the nature of man has not changed, the results will be any different in the case of Dade County than it was in the original thirteen colonies, some of which, in population, were smaller than Dade County. There are no court restrictions in the amendment, therefore, the right of trial by jury is not guaranteed in the local courts and the punishment for offenses arising out of violation of County ordinances could consist of imprisonment in the County jail for. many bears.. This right of trial by jury, which is one of the most valuable heritages of the English law, is completely disregarded in the proposed amendment. The above can best be summarized by repeating what Washington said in his Farewell Address: 'It is important, likewise, that the habits of thinking in a free country should 'inspire caution in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. AJust estimate of that love of power, and proneness to abuse it, which pre- dominates in the.human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and constituting each the guardian of the public weal against invasions by the others,. has been evinced by experiments ancient and modern; some of them in our country and under our own eyes.- To preserve them must be as necessary as to institute. them. ' In consideration of the premises, the Council of Miami Shores Village does hereby resolve: 1. That it is irrevocably opposed to the adoption of the so-called "Home Rule Amendment" which is to be submitted to the voters of the State of Florida in the general election to be held on November 6, 1956. 14� 1471 _4- 10/4/56 2. That Miami Shores Village would not gain any tangible advantages for its citizens as implied by advocates for the amendment, such as: (a) The right to amend its own charter. (b) Increased County services which are presently below municipal standards. (c) Relief from excessive county taxes for which appropriate services and grants to our Village have never been rendered by the County Commission. 3. That action by mutual agreements in Dade County has recently produced successful results on important county-wide projects, such as: (a) A uniform building code nearing completion. (b) A uniform traffic ordinance now ready for adoption. (c) Outstanding county-wide cooperation in rendering police and fire protection. 4. That Federal, State, County and Municipal government. cooperation is solving the road and street building problem, and traffic flow has improved considerably. 5. That .the city taxpayers and business people would still carry the same ratio of overall taxation as they are presently burdened with, wherein the County spends tax monies for municipal services in the unincorporated areas, 8316 of which is collected in municipalities. 6. That the adoption of said Home Rule Amendment would be contrary to the best interest of the citizens of this Village and to the solution of area-wide problems. 7. That the adoption of such amendment could make it possible for the Board of County Commissioners of Dade County to destroy and abolish Miami Shores Village. 8. That the citizens of the Village resist the effort to pass this amendment by all valid means in their power, and that they urge the voters throughout the State to do likewise. PASSED AND ADOPTED this day of October, 1956. " Mr. Reynolds moved that this resolution be adopted. The motion was seconded by Mr. Carpenter and then the question was open for discussion. Mr. Phillips, speaking first, stated there have been sixteen cities in Dade County that have contributed materially to the 3M Board's work. They have contributed anywhere from.$5. 50 to $13, 750 based on a per capita pro rata 148 1.49= -5- 10/4/5.6 share of the expenses, that Miami Shores is one of;these municipalities who con- tributed $325. 00; that the Dade County League authorized to assist and help the 3M Board. But at subsequeni'meetings, which were held illegally since a quorum was not present, they have used taxpayers' money and that thousands of dollars were spent to attack this legislation in Tallahassee. Mr. Phillips continued that the majority of the members of the League are in agreement that some form of metro- politan government is necessary because 16 have contributed. Omitting Miami Shores leaves 15, that have voiced no disapproval of it. This bill is purely a vehicle by which you may get home rule. It does not mean your government will change, until such time as the charter is written and voted on affirmatively in Dade County. The charter will be written by men who have no axes to grind and who will hear every suggestion that you have to offer. He stated that all the members of the Charter Board are against abolishment of cities. Mr. Phillips stated that this resolution is based on the same argument Mr. Anderson used in the Supreme Court and he lost. In answer tti the claim that the new government would have the power "to change boundaries of municipalities in the County, " Mr. Phillips repeated that the men who sit on the Board are against abolishing any municipality unless the people of that municipality vote to abandon their government. He stated that they cannot change the County Commission boundaries. Concerning the abolish- ment of County offices, Mr. Phillips stated he thought one Tax Collector and one Tax Assessor are sufficient in this whole area. The Circuit Court will not be tampered with. We propose to give them the power to enact ordinances, set up their own court. In regard to the argument concerning separation of legislative, executive and judicial functions, we don't do this in Miami Shores. We try people 15d -b- 10/4/56 in this same court room and we don't give them trial by jury. Mr. Phillips stated that the automobile inspection money should only be enough to pay expenses of this department, not a revenue item. Mr. Phillips continued that our charter is subject to repeal by legislators and he added that the Governor does not have to sign each bill. They become law without his signature. He concluded that the people should think about it and vote as their conscience tells them. Mr. Franco then requested an opportunity to speak and mentioned that he had been unavoidably absent when this resolution was to be discussed last Tuesday; that he had read the resolution and agrees with Mr. Phillips that there is a lot in it that does not have anything to do with the amendment; that it is a lot of theory. And he said he can see easily enough a group of elected officials taking office and not saving one penny to the taxpayers in the communities affected. He pointed out the case of the Overseas Road Commission and the Florida Cross State Canal Commission set up in 1936 to build canals which the people didn't want and they are still trying to get this commission abolished. In going over this resolution, Mr. Franco stated he firmly believes in the first part concerning matters seriously affecting the people of Miami Shores, that the Village Council should give it a deep consideration and make known their opinion to the people who elected them. He agreed that we should give this deep study and that that study was made and our recommendations sent to the 3M Board where they now rest in their files. Much of the material here will be in the charter but the Charter Board will be made up of 17 men; whether we would be represented on the Board or not, it would be only one member.. There- fore, we could be out-voted on anything that might be indigenous to Miami Shores. He doubted if we would get too much consideration on something that would be 15�: x:53:>; -7- 10/4/56 special to us. Mr. Franco pointed out that the weakness of the present system concerning repealing city charters proved to be strong enough in the case of the group that Hialeah.attempted to annex, but which was vetoed. On the last page, concerning amending our charter, Mr. Franco stated this shouldn't be done in a hurry, that it was not wise to make frequent changes, even if it takes the longest possible time of two years to amend the charter, but it can be done in 30 days. Increased County services - the Council has been attempting for years to get increased services from the County, from five--.members. With an increased number of Board members we will probably get less. We know we pay our full share of County taxes and we can't even get a school policeman. Mr. Franco stated that in theory he thought it would be wonderful to have only one commission to go to for fixing roads, etc. Under the present system it is very difficult and under nine men he thought it would be more difficult. With the amendment as it is, he felt that we should adopt this resolution. Mr. Franco continued that the Council did contribute to the 3 M Board in its study of the overall governments -in Dade County, that the contribution made was more in the nature of allowing a study to be made so that it can be placed on the surface and a complete study of it made and he didn't think it was a prior approval by the Council of any type of future plan that may develop. He concluded that he didn't think we are backing out on any agreement. Mr. Phillips stated that the Council did reserve the right to disagree with any future plan. Mr. Marion R. Arnold, one of the citizens present, mentioned his doubts as to the intent of the Charter Board and how it has been changed, with several of the members resigning. Mr. Phillips stated that Leonard Usina was 1.64 s ., ry lf�_5 -8- 10/4/56 the only member who had resigned. Then Mr. Arnold asked about Leatherman, Gautier, Morgan and MacVicar and Mr... Phillips stated they couldn't serve because of the offices they held in the County, that the entire Board was wiped out in July of this .year and 12 new members have been appointed by the Governor. Mr. Arnold then added that he couldn't tell what the intent of this Board is. Addressing Mr. Phillips, Mr. Arnold stated that he had been elected by the people of Miami Shores and asked him that although he could legally hold both offices, didn't he feel he owes a moral obligation to the people of Miami Shores who elected him and for that reason didib;'t he think he should search his own conscience and act on one Board or the other? Mr. Carpenter then stated that one of the most important reasons why he has been against this amendment has been the fact that we offered our advice to the Board some time ago, after the Metropolitan Miami plan was printed, where wediscussed and analyzed it; that they should have removed the provision that would give the right to abolish or change the municipalities. If they wanted the municipalities behind them why didn't they remove.this provision? Many of us are in favor of some of the ideas of metropolitan government, but Mr. Carpenter didn't think we can take the chance of leaving to the discretion of a future Board, actions that it might take. The Board itself can change from time to time. Mr. Carpenter continued, that in discussing this with the Dade Delegation before it became a proposed bill, he thought they were definitely going to protect us from this provision. It was his belief that whatever contri- bution this Cbu.ncil authorized was in a public-spirited manner to try to cooperate as far as possible with this Board in its objectives. Mr. Carpenter stated that he had inserted items 2, 3, 4 and 5 in this resolution and he is going to vote for 15 1.57 : -9- 10/4/56 its passage. Mr. Reynolds stated that whether the contribution was right or:wrong, it clearly showed on our part that we are always willing to cooperate with our County government and we have been doing it for years. Never once have we refused to cooperate with them. Mr. Reynolds stated that the people are being hoodwinked into this, that the charter should be drawn and agreed upon by Dade County first. He mentioned the precincts or wards that would be established wherein we would have but a small voice in this area. Mr. Phillips then answered that they have no intention of changing boundaries of the present County Commission districts; that it is the intention of the Charter Board to end up with a County-Manager and have men on the commission who would actively engage in the administration of the County government. The vote was then called and RESOLUTION NO. 360 was passed by a four-fifths vote with Mr. Phillips dissenting. Mr. Reynolds then moved that the Village Manager be instructed to mail copies of this resolution at the first possible moment to all officials of the 26 municipalities in Dade County. The motion was seconded by Mr. Franco and passed by a four-fifths vote with Mr. Phillips dissenting. Mr. Reynolds moved that a copy of this resolution and copy of the minutes bf this meeting be sent to all freeholders in Miami Shores Village. The motion was seconded by Mr. Carpenter and passed by a four-fifths vote with Mr. Phillips dissenting. The meeting adjourned at 3:30 P. M. Clerk . Approved APPROVED: Villa Manag6r e avor 158