The Coral Gables Times

Gables Resident Pans Pancake's Noise; Court Helps

A man who went to court and won his fight to muffle the noise at the M & M Pancake House went before the City Commission Tuesday to talk about the matter. He is Marcus Morris, 214 Antiquerra Ave., who got a decree from the Circuit Court Judge Henry Balaban Dec. 11 giving the Pancake House on nearby Ponce de Leon Boulevard 10 days to eliminate noise from the restaurant's air conditioners. The deadline is tomorrow (Friday). The Commission Tuesday recognized Morris, although he was not on the agenda, after he pointed out he had asked to be placed on either the next conference or meeting agenda last week but had received no reply from City Manager L. W. Robinson Jr. or the City Commission. Morris' attorney, Bernard B. Weksler, had written to Robinson Dec. 13 asking that he and "other interested persons," be allowed to attend the next conference or regular Commission meeting. Mayor Robert L. Searle told Morris at Tuesday's meeting that the Commission had not discussed the matter with either Robinson or City Attorney Ted Semple and reserved the right to hold off appearances. The confrontation brought some sharp exchanges between some of the Commissioners and Morris who argued that the Pancake House was still a source of noise because of persons emerging from the restaurant late at night and early morning. This produced some confusion in the arguments since the Commission thought Morris wanted to discuss the City's noise ordinance and Morris wanted to discuss both. The apartment owner said he wants the City to go over its noise ordinance with an eye to lowering the present 60-decibel (unit of sound or noise) maximum tolerance. "Who in the City understands a decibel machine," Morris told commissioners who lectured him on the purpose and benefit of the ordinance. He said that noise level must be measured using factors other than merely decibel units and that the Pancake House while it was within 60 decibels, was found to be a nuisance by Judge Balaban after a personal visit. "We're not dealing with robots, we're dealing with men," he said closing his arguments. Commissioners George Wilson and Joe Murphy who was responsible for the ordinance, indicated that the law was a trial one that could be modified. But no action was taken on Morris' complaint at Tuesday's meeting.

CITY ATTORNEY Ted Semple told apartment owner Marcus Morris he'd like to turn off his hearing aid so he can't hear Morris' complaints about noise at Tuesday's City Commission meeting. (Times photo by Maruice Labelle).

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CORRECTION

In a Times story last week about the Circuit Court jury award of $185,000 to the mother of Theodore M. Shaw who drowned in Venetian Pool 28 months ago, Mrs. Nora Shaw was incorrectly identified as the widow of a German U-boat officer. Mrs. Irene Spelth, 43 Sidonia Ave., whose son, Mike, drowned approximately one year before, is the widow. Mike reportedly died of natural causes.

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