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HomeMy WebLinkAboutCC 1915-11-22 MinutesA210 ADJOURNED MEETING OF COUNCIL MONDAY NOVEMBER 22, 1915. OALL D TO Q DER BY'O AX HEFTY 7 30 P.M. MEMBERS PRESENT: C. HEFTY F. G. ERFERT F. H. WAHRTON H. G. RALSTON O. F. FILET E. C. ROMFH L. T. HIGHLEYMAN PROPOSED RENAMING OF STREETS The olerk read a oommunioation from the Southside Civics Association under date Nov.1W, advis.ng that the Aseooiation inSpeoial meeting of Nov. 17, had rescinded its former aotion endorsing the proposed ohange in the matter of renumbering and renaming the' oity's streets and that it is the sense of the Aseooiation that the street names in the old city should remain as they are, any ohanges in names and numbers being confined to the new territory north of First Street. On Motion the petition was reoei*red and filed. RESIGNATION OF A. J. ROSE AS CITY ATTORNEY The City Council, Miami, Florida. Gentlemen: 22nd. "Miami, Florida, Nov. 20, 1915. This is my resignation as city attorney, effeotive as of Monday, Nov. Respectfully, A. J. Rose." :coved by E. C. Romfh, seconded and ac;eptei. motion carried. by L. T. Highleyman, that the resignation be reoeived Ir. Romfh: I would like to ask that Mr. in the way of improvements. Rose complete such work as he has had in hand Moveaby E. C. Romfh, seconded by L. T. Highleyman that Attorney A. J. Rose be requested to complete such improvement work as he has started. Motion parried. .ir. Romfh explained that the attorney bases his charges on the fees charged by the .New York Bond attorneys, about the same work being required here as in New York. EXTENSION OF TIME FOR SIGNING UP CONTRACT FOR IMPROVEMENT OF AVENUE 0 FROM RAILROAD TO WADDELL STREET AND AVENUE D FROM MIAMI RIVER TO TWENTIETH ST. :dr. Romfh stated that the city will have to issue $44,000. bonds to do this work and requested that the time for signing up be extended 10days so that an opportunity would be had to sound out the bond buyers; that the city's bond fund of $80,000. had been exhausted, about $200,000. improvements having been finanoed and it is neceaaary to keep turning the money and on motion duly made and oarried the time for executing the contract for this work was extended for ten days. REFUND OF FINES ASSESSED BY THE MUNICIPAL JUDGE FOR SELLING LIQUOR IN THE CITY ",diami, Florida, Nov. 19, 1915. City Council, :Liarni, Florida. •.,entlemen : Attached hereto is a statement of W. B. Moore, oity the persons named therein were fined for selling liquor without aKre:ate amount of the fines being $190. This is a matter presented to you on Thursday evening Taylor, Esq. ;;....orney for the various persons named. You agreed state:aents of the amounts sue that these fines will be refunded is as shown by your city clerk. clerk, showing that license, the Nov. 18, by H. R. that upon a correct and the statement Very Respectfully, A. J. Rose, City Attorney." The clerk's statement is as follows: The following named p sons were fined for selling whiskey without a dates stated and the fines as stated were paid under protest in the .aiami, Florida: 0wem Otura, Deo. 6, 1913, Feltcher Hall, Nov. 17, 1913, Iieokter Thompson, " Bob Miller, W. D. Davis, Dec. 31, 1913, 1, W. B. Moore, city clerk, city of cheoked the foregoing as appears in correct. license on the city oourt, $25.00 25.00 15.00 50.00 75.00 196.00 Miami, Florida, do hereby certify that I have the Mu nioipal Court Dooket and find same to be W. B. Moore, City Clerk." .coved by E. C. Hoinfh, seconded by C. F. Filar, that warrants be drawn refunding the amount of the fines. On roll call all voted yes. SUIT OF J. B. SCALES AGAINST MAJOR SCHOEIELD, FOOD AND DAIRY INSPECTOR-" REQUEST OF SCHOFIELD THAT THE CITY PAY HISATTORNEY FEES The clerk real the following letter from City Attorney Ruse under date Nov..1). i' ?r if ra i 2 Adjourned meeting of oounoil Monday Nov. 22, 1915; continued: "To the City Oounoil, Miami, Florida. Gentlemen: J. B. Scales has instituted suit in the circuit court of this county against major Schofield for 410,000. damages, growing out of alleged misoonduot, or an alleged libel or Blander by defendant of oomplainant. Mr. Schofield has brought this writ to me to defend the suit and I should like to know of the oity council if they wish me to do so. I shall, of course, look toward the oity council for the payment of my rsaeon&ble fee for the defense of euoh a suit and if I am to defend it and you desire me to take this aotion I should like some form motion to that effect. Yours very truly, A. J. Rose, City Attorney." r. Highleyman: I know something about this matter and I feel that if Major Schofield wins his suit it is only right for the oityto pay and if he loses it Seems to,me it is a matter in ich he as an individual is to blame. Probably Mr. Ralston may know more than I do about i`. r. Romfh: I think we should be advised that the fee would be. Ir. Ralston: You will remember council discussed this the other night, whether the claim as because of what was done by Schofield in the performance of hie official duties and eked 4r. Rose to look that up. The claimmie that in his report to the Board of Health he ha is -stated and specifically states that aoting in his capacity and in his official reports, o it is a city matter. r. Romfh. I think Mr. Highleyman's stand is all right. ,oared by E. C. Romfh, seconded bit L. T Highleyman. that the oity will pay reasonable ttorney'e fees to Major Schofield if he is successful in defending this duit..Motion oarrie r. Romfh: We should ascertain from Mr. Schofield what his attorney fee will be so we may knew lust what we will be oalled on to pay and whether gee think it is reasonable or not. 1ESALE BY LOCAL BANKS OF $76,000 REVENUE dounoilman Romfh stated that local banke and the excess will be turned over to at 4i for which it has usually paid 6% BONDS had seeold the $76,000 revenue bonds on a basis of the city in a few days, this giving the city money SUIT OF ROBERT THURSTON AGAINST THE CITY OF MIAMI "November 22, 1915. phe City Council iami, Florida. Qentlemen: Robert Th.ireton obtained judgment against the city of Miami for t215. Motion for new trial was made and denied and the appeal bond fixed by the court is 45 It is .2y opin.an t1«t reversible errors were made by t.2e court dad that an appeal should be 11ken. 1 recomf:.en.a that you instruct the new oity attorney to examine the record and, if lie o ncurs in my view, to arrange for an appeal bond and perfeot the appeal. yours very truly, A J. Rose." Moved by E. C. Romfh, seconded by H. G. Ralston that the letter be held over for the meetin Of council at which we seleot a city attorney. Idotion oarried. 1 XTENSI0N OF FIRE LIMITS Councilman Highleyman reported that the committee appointed held a meeting to day and made home changes in the proposed fire limitca ae followe: Starting at the mouth of the Miami Diver and run north along the Boulevard to 10th Street, thenoe west on loth to Avenue 0, then north on Avenue C to 5th Street, thence west on 5th St to Railway traoks, thenoe south along the railway tracks to llth St. thence west through the middle of the block between llth and 12th Streets to Miami River, thence south along the River to midway between 12th and 13tn Streets, thence east midway between 12th and 13th Streets to the Railway track', thence south along the railway tracks to Miami River, thenoe along the Miami River to place of beginning. 4oved by L. T. Highleyman, seconded by H. G. Ralston, that the mat er be referred to the oit Attorney to amen., the ordinance. motion oarried. 0. SALARY OF THE CITY ENGINEER 4lr. Wharton stated that for sometime a great deal has been said about the tee system. for the Oity engineer and quite a little unfavorable comment has been made, and a great many ridiouloue guesses as to what the engineer has been getting out of the city; that. after tal• the matter over with several members of oouncil it had been decided to put the engineer on aaldry baeie and cut out the percentage basis, in doing whioh it was thought to eliminate Criticism and at the same time it was felt proper to put all offices on a straight salary; that he haci talkel the matter over with the engineer and tyought the pity has made a good deal with him; that while tne city could not pay as much as he wanted, or as muoh as he is worth, the f.nal agreement was on a basis of 2500.yearly straight salary, .the.preaent Qontract with tne engineer being subject to cancellation attany time.. loved by F. H. Wharton, seconded by L. T. Highleyman that the oontraot with engineer .3. H. Klyoe on a percentage basieil oovering any work now under construction, be oanoelled. 4otion oarried. 4r. Wharton: The engineer hue some work under contract whioh is practically completed and o (curse he will beallowed to finish that up at the oontraot price, but the work oovering tompleted. treats and sewers, that contrast will be canoelied and the others as Boon .s thewOrX ie v. • ng Vrv.Snttlpt.rYor 21 xz�4'V..�ry.. B- It, It • (1; A210 i cti Adjourned meeting of oounoil Monday November 22, 1915. Mr. Romfh: We will have to fix the salary by ordinanoe and that oan obme in at the next regular meeting. He gets a salary of $00 per month and we will have to i; ea1..t,_ and inorease it to the amount oounoil agrees upon. The ordinance oan be in at the nex regular meeting. LOCATION OF PUBLIC COMFORT STATIONS: Mr. Erfert stated he had been unable to secure locations and suggested that a station be plaoed on the oity'e property in the rear of the pity hall and signs be erected indicating its location. That a station oould not be located atthe foot of 12th St without enoroaohing upon private property and thought Mr. Elser would objeot. Mr. Highleyman asked Mr. Erfert if he did not think the bids reoeuved were too high. Mr. Erfert replied that he did not think so as the plumbing is estimated at $230. ir. Highleyman Suggested that oounoil should reoeuve other bids. bir. Erfert stated that the work had not been_ dvertised but he had simply asked one or two to submit proposals, but that bids should be advertised for. Moved by E. C. Romfh, seconded by F. G. Erfert that the plans for the stations be adopted and the clerk advertise for bide to be received at next meeting of oounoil.motion carried. Mr. Erfert stated he did not think plans for movable stations should be adopted as the plumbing would be a loss everytime a station is moved and looaion must be seoured before a contractor can submit an intelligent bid as contractors do not know how fax they will have to run a sewer lateral to a main unless it is thought best by council to confine the contractor to constructing the sewer line for five feet on the outside of the station and if the lateral has to be extended to a sewer the city oan do that in another oontraot. The matter of location for a station at the foot of 12th Street was disoussed by Mr. Romfh, who stated that the oity owned no land there and he had been waiting to see Mr. Eller. Engineer Klyoe stated thet Model Land Co. owned land there and Mr..Erfert stated that he talked to 4r. Riley, their representative, who said he ooula do nothi:ig; that it was thought a station could be put under the band stand in the Royal Palm Park but permission would have to beseoured, espeoiaiiy to dig a trench for the sewer ARBOR IMPROVEfr'NTS PLANS SPECIFICATIONS ADVERTISEMENTS FOR.BIDS CHANNEL DOCKS BASIN ouncilean Ralston stated that the plans, speoifications for deep waterare ready for ubmission to council, also for the dock or pier, the basin in front of the pier, the hannel, but that before submitting plans wanted council and the public to know that the ork will be done under the supervision of the whole council and that there was never ny intention of trying to pull off something in the dark or to spend money without submitting the entire layout and every problem to the council and he had asked for the meeting to night so that the entire evening could be spent on the matter, so that. when the plans are finally passed and bide avertised, ebery member of oounoil will have gone over !them thoroughly and be able to state to the public that bids are being called for on plans ,approved by the city council and not by any one man. That the bids, when received, will be tabulated by Mr. Ramdolph and the lowest and best bidder get the work. That the 'tentative contract is presented and every councilman has a Dopy and the contract that ,council paasea to night is tne contract that will be signed; it remaining for the eommittee.d ban on parks and docks to check up the engineer1s. estimates and being them to oounoil :'for authority to make payment. That council as a whole is to approve thespians, spend the money and be thoroughly consulted on every move about deep water. That it will be remember the council, sometime ago, asked the government to permit a smaller basil., that the engineers have recommended this and passed it along to Washington and it is now simply a techincai matter which will be approved by the War Department, with Major Ladue's recomeandation. (The plans were here spread before oounoil) Mr. Ralston suggest that icouncii consider careful* the form of advertisement to be inserted in the various papers, 'the contract and tne form of bond, and in order that council may know what will be asked ;for aria that the advertisements receive the approval of council as a whole, asked that ,the clerk read the specifications, particularly the notice to oontraotore. (The clerk ,then read the plane, specifications, notice, form of bond, eto. in detail) :dr. itaiston: Several memoers of council have been over the whole thing in detail and I believe the wh le council has received a good general idea of the entire plan and I suggest that the notice be inserted in the Miami Herald, The Jacksonville Florida Metropol the Engineering Record, the Manufacturers Record, Engineering News, and Engineering and Contracting, to be run in two iesues of the Trade journals,. and on motion duly made and carried the clerk was inatructed to advertise for bids accordingly, using the form cf notice to contractors as read by the clerk. Mr. Highleyman: Mr. Ralston, Mr. Wharton and myselr went over these plans and specifieatior.s very carefully and last night I went over the original file. I have had some experience in this work and I might say that careful examination of these specifications leads me to express tne view that they are gotten up witn perfection and I believe there will be no question, if the contract is carried out on these speoitic tions,or the completion of this work, and I endorse them and stand back of them in emery respect. Mr. Romfh: I understand tne south pier is to be built first and while it has nothing to do wi;h this advertisement, I think it would be well to call the attention of the engineer that we will do what portion of the work is necessary on the north end in the way of a fill to keep from having an unsightly shore line. A great many people have asked about the'. mr. Ralston; That is proviaa.d for and tnere will be no unsightly plaoes at the north end. .ir. Wnarton: About the liquidated damages, #500 per day. I understand this is to be on separate bids, that is the dock is separate from the other work, and this $500 per day,, what does it cover( The dock is a smaller job than the other and that would be out of proportion. it Ur. Ralston: The channel is not of much use without the dock and .the damage to th4. 0i' would be the same. aaaaaaaeaaa s, Adjourned meeting of oounoil Monday November 82, 1518. r, Wharton: Different parties may be awarded these oontraote. r. Ralston: The yngineer says ample time has been allowed on the dook.work. r. Romfh: There is another matter, the original oontraot with Mr. Randolph: The original greement, as stated in his report, was $2800. for the plans and speoifioations, and if we vn ead with the work it was to be 5% and the $2500 to be refunded to the olty from that %. In talking the matter enter with Mr. Hills I think they agreed on the ohannel and basin t 4% and before we let our oontraot for the work we should enter into a contract with Mr. andolph as to the amount he is to receive for his services which is to oover all the ngineering and inspection. r. Ralston: I wrote .r. Randolph this afternoon and asked him to write a letter to the ity Counoil covering all these features and that letter will form the basis of an agreement o be drawn up by our attcirney. His old letter oalled for 5% for supervision of construoti ooks, terminals, railroad and he has agreed to out his fee to 4% on the basin and channel, nd the other part will have to be on a basis of his old letter, the ohannel and basin on he new basis of 4%. He will ask that the $2500 paid be held out at the rate of $3OOpOo. er month until the last refund whioh will be $500. His letter should be here within•ra week nd if council desires we can enter into formal oontract on this basis. Certainly if a an ever earned his money for a oommunity Mr. Randolph has earned it for Miami, for I do not elieve tnat another man oould have secured such oonsessions from the War Department. The iret concession was the smaller basin, whioh has not been passed in Washington but Maj. La ol. Langfitt have approved it; and the other was the disposal of the material from the ay, for if we had been compelled to haul that out to sea and dump it, as Maj. Ladue first % o require, we could not have secured our harbor. oved by E. C. Roifh, seconded by L. T. Highleyman, that the notice to contractors be mmeaiately inserted in the Miami Herald, Jacksonville Florida Metropolis, Engineering and ontraoting, Engineering News, Manufacturers Reoord, Engineering Record. 0n roll oall all oted yes. . Ralston: Mr. Isham Randolph will be here at the opening of the bids . GALE OF $450, 000. BOr+DS FOR SEWERS, RAILWAY AND HARBOR IMPROVEMENTS }ar. aoinrh: I woulu like to get the beat article posaible on the resources of Miami and i1e Uounty, in as few words as posaible, and just what deep water means for Miami and trade Uounty. 1 be..leve such an article woulu aiu materially in reeling these bonds if we ban get a good article. Mr. Maeeiich the ;Jew York Bona Attorney, in a letter to Mr. Rose, !nclosed a copy of sucn an article used in the sale of bonus by the town of Wilson,w.U. and he sug,esteu we do likewise, and I would like to offer a prize of say $2b. to anyone n tne city for tne beat article, of say two hurk.rea words, the publicity committee to be the judges and would like to have these in by the 30tn. The bond houses tell me that some Miami facts would enable them to sell our bonds. airman Hefty suggested tnat a second prize of $10. be offered. fovea by F. Firer, seconded by L. T. Highley,an that tne council offer a prize of $25 'or the beat article and 410 for the second best, not exceeding 200 words, setting fortn th rowtn and prosperity and what deep water will mean for Miami. Motion carried. HYDY AN :'2 IN HIC1'LAr'J PA iK 4 reprsentative of tna Hi:-nlanu Park Assn. asked wnen the fire hydrant would be installed, tne hydrant is on tne ground and ,,.r. uuriy of tne water company had said it is necessa to get tne location from the city engineer before placing it. We had a fire out there the btner day and had to use buckets. �r. &iyoe: .ir iJufty phoned me and E told him 1 wow.- go at any time. xo...tn: Please call him up and go witn him tomorrow, :sr. Klyce. l,:r. Alyce: 1 will. President City UounCil City Clerk. rapart......•••••••••••..1.filnir....atter.....1,