The Times

THE TIMES

Coral Gables South Miami | the local community newspaper for all South Dade | Vol. 35 No. 45 Second Class Postage Paid at Miami, Fla. Thursday, December 22, 1960 Published Weekly at 308 Aragon, Coral Gables, Fla. Price 10c

Conflict Of Interest Move Flops

Final Approval On LeJeune Station Delayed

Final approval of a gas station on LeJeune Rd. between Palermo and Sevilla was deferred by the Coral Gables City Commission Tuesday. Commissioners voted 4-1, with Winston W. Wynne remaining firm on going ahead with granting Orange State Oil Co. permission to erect a new station. Deferral came in the face of a threatened law suit by members of Temple Judea and City National Bank and mounting reaction from surrounding area residents and businessmen. The Commission decided to sit down with representatives of the Temple, the bank, Deerborne School and residents to see if the problem could be worked out. Week Later The move came one week after the Commission voted 4-0, with Commissioner Frank Kerdyk abstaining, to approve the station on first reading of an ordinance. Orange State, which operates Cities Service stations, was caught in another vice as it attempted to cooperate with the city's policy of removing all gas stations from Ponce de Leon Blvd. Three have been removed. Mayor John M. Montgomery said that "the City must find some way to compete with shoppin centers. Two of the eight lots involved required rezoning to accommodate the LeJeune station. The Commission discussed the possibility of allowing the station on the six lots properly zoned, but the proposal met with a cool reception from oil company representatives. Also involved is waiver of the 500-ft minimum distance rule between stations and churches and schools. Will Be Widened LeJeune Rd., scheduled for widening to 60-feet, is now zoned for various uses including commercial along its full length through Coral Gables. Opposition is split between those who oppose any commercialization and those who oppose only some types. Temple Judea and Deerborne School representatives have cited hazard and traffic for opposing. A station is already located in their neighborhood. Attorney Bernard B. Weksler told the Commission that the fact that a sizeable segment of the community is opposed should be considered by the Commission and that action should be deferred until "a proper plan" is adopted.

THAT MAGICAL MOMENT when Santa Claus and his reindeer slip across the sky comes but once a year. And these "buddies" aren't going to miss it. Ginger, the dog, Tiger, the cat, and Rollie Banks, with cheek in hand, curl up on the living room rug by the Christmas tree. Of course, Ginger and Tiger, aren't exactly sure what this is all about. They know that Rollie at his home on 6811 Capila St. and thousands of youngsters everywhere have been waiting the whole year for this moment. And they also know, as they perk up their ears, that they hear something, like the tinkling of sleigh bells.

Commission Refuses To Tighten Ordinance

By MAURICE LABELLE Commissioner Joe Murphy's proposal to tighten up the Coral Gables City Charter on conflicts of interest ran into a conflict of its own Tuesday when the City Commission voted 3-2 against the plan to place the matter before the people. Only Commissioner Winston W. Wynne voted with Murphy on his proposal to put the matter on the ballot at the coming municipal election in April. As an alternative, the Commission majority suggested that the City Charter not be amended but that the matter be handled by ordinance. City Attorney Ted Semple and Murphy, also an attorney, differed on the power of an ordinance to do the job. Charter Adequate Semple, who drew up the City Charter and many of the city's ordinances during his long tenure with the city, advised the Commission that in his opinion the present City Charter plus the general laws of the State of Florida are adequate to take care of any conflicts of interests. But Semple later admitted that Murphy might have a point when he brought up the question of conflicts involving advisory boards, city officials and employes. But he attacked the provisions for automatic loss of job or position as unconstitutional. Emphasizing that his proposed legislation was not aimed at any specific past or present incident or individuals and that he did not want to cast any aspersions on the present City Commission, Murphy continued to press for what he termed "needed remedial legislation" as preventive medicine. Commissioner Robert Searle told Murphy that the word "indirect" in the proposed Charter amendment scared him and he saw no need for it. Too General Searle indicated that the word indirect was too general and would hamper the city in its business with the community. Mayor John M. Montgomery said he thought the Charter provisions were adequate. "I feel the present law is adequate to meet the possibility of malfeasance in office..." Montgomery said. Commissioner Frank Kerdyk said that Murphy's Charter revision was "superfluous" and "already covered." Commissioner Winston W. Wynne, other than to second Murphy's proposal and vote for it, had little comment. Murphy originally made the proposal when he ran for City Commissioner in 1959. It was one of his planks. He first presented the Charter amendment proposal to the City Commission for consideration on Sept. 27 for their study. Here is the text of the defeated proposed amendment: "Any member of the City Commission or of any City Advisory Board, Commission or Agency, as well as any other City official or employe, who has a direct or indirect financial interest in any matter or transaction with the City, or in any matter or transaction which requires City approval or confirmation, shall state the nature of such interest at the commencement of consideration thereof and thereafter refrain from participating in all respects in connection therewith. Eligible To Vote "Any of the aforementioned persons who are otherwise eligible to vote on such matters or transactions shall likewise abstain from doing so. "Any such matter or transaction participated in or voiced upon, by any such person, shall render same voidable by the City Commission. "Any willful violation of this section shall constitute malfeasance in office, resulting in automatic forfeiture of office, appointment or employment. "All sections of this charter which are in conflict herewith are hereby repealed." Murphy said immediately following the meeting that he will continue to attempt to have passed some form of remedial legislation to block future conflicts of interests that might arise.

Suit Filed To Block 12-Story Apartment

A suit was to be filed Wednesday aimed at blocking the construction of a $3 million, 12-story apartment building at the corner of Biltmore Way and Cardena. Attorney Franklin Parson said Wednesday that he was filing for a declaratory decree and for injunctive relief in Circuit Court in behalf of R. H. Philbrick Jr., 2414 De Soto Blvd.; James R. and Mrs. Nankivell, 800 Coral Way; and Lila Dickerson, 738 Biltmore Way. The Defendants The suit names The City of Coral Gables and A. H. Sakolsky, the builder, as co-defendants. The first two litigants are homeowners living in the area and Miss Dickerson owns a two-story apartment. The action is aimed at rescinding, revoking and cancelling the action of the City Commission giving Sakolsky permission to erect the "skyscraper" apartment. Sakolsky, who appeared before the Commission Tuesday to get approval for off street parking plans, has equipment on the site taking test borings preparatory to construction. Attacks Right The suit attacks the City Commission's right to approve high rise buildings over three stories without setting reasonable standards or guides. Approval for the luxury type apartment came two weeks ago at a jammed packed meeting when Mayor John M. Montgomery and Commissioners Robert Searle and Winston W. Wynne cast their votes in favor. Commissioners Joe Murphy and Frank Kerdyk were opposed.

Work Started On San Amaro

Preliminary construction on widening and improvement of San Amaro Dr. on the University of Miami Campus has begun. The Coral Gables City Commission Tuesday looked into a proposal to create a "great white way", but deferred action, on the street lighting. The Commission indicated, however, that the request will be toned down to more modest lighting, designed not to interfere with neighboring residents. Widening of San Amaro to four lanes and elaborate beautification is being pushed by the University of Miami at an approximate cost of $130,000. The plan is part of an overall plan to modify the traffic pattern at the University. A portion of Miller Dr. will be converted to a mall and University Dr. will deadend at its southern extremity.

Creche Robbers At It Again

Creche robbers struck for the second time in two weeks at Coral Gables City Hall when they walked off with five figures from the nativity scene early Saturday morning. Only last week, two youths apprehended by Coral Gables police on a tip from a South-west section resident, were turned over to juvenile authorities. At 3 a.m. Saturday police received a call from Jack E. Jones, of 1100 South Greenway Dr., saying that he had found the five missing pieces in his back yard. Jones said he saw a small green car pull away shortly before. Police said that two of the five stolen articles were damaged beyond use.

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City Hall Holiday

Coral Gables City Hall will be closed from 5 p.m. Friday to 8 a.m. Tuesday. There will be no City Commission meetings again until Jan. 10.

A Very Merry Christmas To All