The Key West Citizen Newspaper, June 8, 1954, Page 1

Key West, Floride, has the most equable climate in the country, with an average range of only 14° Fahrenheit VOL, S LXXV Ne. 136 Chief Of Police Issue | THE Raises Hot Argument Porier Gives Legal Opinion On Selections The city commission last night in a regular meeting voted to ask the city civil service board to submit names of nominees for the job of chief of police. Commissioner Jack Delaney said that he thought that it was only fair that acting Chief of Police Bienvenido Perez be informed as Where hag og He stated that he for tgp Pp Psat Paul (Blondie) Roberts and Delio Cobo both took stands for Perez to become per- manent chief of poli The discussion became heated when Louis Carbonell said that it ‘was time that legal steps be tak- en. Perez “nominated” Delaney stated in his resolution that he was nominating Perez to — chief of police if it was Carbonell’ up and said, “This is a F sccm git of, civil service code and if you don’t know any better you shouldn’t be sitting up here as commissioner,” he said to Delaney. Delaney then asked J. Y. Porter City Attorney if it was legal. « Carbonell stated that Porter had already made a ruling. cers said, “I just asked him what was legal and he ogy 044 ai in the civil service code rok ek a hap- medium between should te that the civil service commis- ion should submit three names to the city commission, one of which to be provided for chief of police selection. Delaney said that it was illegal to appoint Perez then it had also been illegal to appoint Cabrera who was named to the post after Police Chief Joe Kemp resigned. He insisted that nobody had told the commission that it was illegal in Cabrera’s case. . “Porter “Wasn't Asked” Porter stated that no one had asked him for his opinion in Ca- brera’s case. ( Cobo got up and said that it was “only” the city attorney’s ruling that the commission should go be- tween the two conflicting rules. He said he understood that if three of the commissioners voted to put a man in the vacancy that was all there was to it. “Let’s appoint him (Peréz) and let the courts decide,” Cobo said. Carbonell jumped up and said that there was no use to pay the City attorney if nobody was going to listen to him, Porter stated, “that’s my opin- fon.” Salary Question Carbonell at this point jumped ‘up and wanted to know why Perez was being paid the salary of chief of police when he was only acting chief. City Manager Victor Lang said that he had asked the city attor- ney for a ruling. Carbonell stated that he violent- ly disapproved of Perez getting pay as‘chief. He stamped his foot. Carbonell stated that the com- missioners hadn’t acted on the pay question and that Porter had no business giving permission for the Taise. Loud Talk At this point Porter got up and said, “Don’t raise your voice to (Continued on Page Two) Eye Specialist, M.D. Will Be Here For Consultation - Friday, June 11 For Appointments, Call DR. J. A. VALDES 2-7821 , |to the State Mental Institution at HONORED BY CITY—Navy Lieutenant Jessie R. Collins holds the key to the City of Key West which has just been given him by Mayor C. B. Harvey in appreciation of his outstanding civic contribution to the community. The gesture was made last night at the meeting of the city commission. Collins, who is being transferred to duty away from this area, has been active in Boy Scout affairs here and has also participated in other civic functions. Flagler Ave. Re-Zoning Bid | Turned Down By Commission Sally Rand’s Land Here ToBe Sold Sally Rand, the gal who par- layed a fan inte a bundle of money with her strip .tease routines, is in trouble with Uncle Sam — about income taxes, As a result, her two pieces of property in Key West will be put up at public auction in the post effice July 6 at 11 am. According to the Bureau of Internal Revenve, there are two lots and a sagging frame house to be sold. The money will go to pay back taxes owing since 1948. The property in question is said te be located on north Beach Road. Man Is Booked On Trespass, DC Charges Louis W. Carow, 21, stationed aboard the USS Gilmore was ar- rested early this morning on ‘char- ges of trespassing on private pro- perty and disorderly conduct. He is being held in city jail. His bond has been set at $250. The man was picked up after po- lice were called to investigate two reports of a prowler in the vicinity of the 500 block on William Street. In his report, police officer Mario Santana said that after the check was made on the first call at 2:20 a. m. with negative results, an- other call from the area was re- ceived at 3:05. At that time, a woman living in the neighborhood said that she had found a prowler behind her closet door. Her screams had startled the intruder so that he fled from the house. Although a-search of the area revealed no trace of the man, of- ficer Santana later picked up Ca- row walking toward the Naval Sta- me and held him up for investiga. ion. When the sailor was placed in a police line-up, the woman picked him out as the man she had seen in her apartment. Carow’s trial was slated for city court today. Permission Granted Sirugo For Duplexes In Residential Area The city commissioners last night turned down an ordinance to re-zone the lots on Flagler Ave- nue between Josephine and Bertha Streets for business. Attorney W. Curry Harris spoke for the people asking for the re- zoning for the lots. He said that the owners are being penalized be- cause they cannot possibly build residences across the street from the Table Supply store and yet the city will not permit re-zoning for the owner to put in businesses across the street. Harris added that besides the food store across the street there is a bar next to the lots and a drive- in restaurant across the street. He Pointed out that no one had ap- peared to object to the re-zoning. Arguments ignored The commission ignored Harris's arguments and denied the re-zon- ing ordinance. The commission at the same meeting approved re-zoning for Joe Sirugo to enable him to put duplexes in the Sunshine home area, A group of residents from the “Sunrise Shores” housing develop- ment requested the commission to raise their zoning from Residence B to Residence A. Mayor C. B. Harvey pointed out that the-deeds out there had res- trictions in them that would hold up in court better than the zoning laws. Deed Restrictions Harvey added that the people out there should just get a court in- junction against anyone who viola- tes the deed restriction. A spokesman for the home own- ers, Ledr. Morris of VX-1, stated that it was better for the city to take the case to court than for the home owners to do so. He added that they had taken the action about seven months ago and thought that the re-zoning had taken place but that somebody had dropped the ball. The city attorney was directed to make out ar ordinance for the re- zoning for the next session of the commissioners. ALL KINDS ROOFING — at Strunk Lumber 120 Simonton St., near Aquarium SOUTHERNMOST NEWSPAPER KEY WEST, FLORIDA, TUESDAY, JUNE 8, 1954 State Mental Hospital Turns Down Patient Youth Remains In County Jail; Treatment Here Offered By Navy A 19-year-old New Yorker suf. fering from a mental disorder is still in a padded cell in the county jail and nobody seems to know what to do with him. The youth attracted considerable attention after he succeeded in smashing one of the jail’s two pad- ed cells by pounding against the sides with his head and feet. Commitment papers to send him Chattahoochee. have been prepar- ed, but officials there say that they are full and unable to admit him. Surgery Offered And county commissioner Joe Allen today denied reports that an offer made by a Navy sur- Seon to operate on the youth has IN THE Che Kev West Citisen U.S. A. PRICE FIVE CENTS City Commission Refuses Assessor’s Resignation been turned down, Allen verified the fact that the offer had been made and that the surgery would have to be performed in the ples ty hospital. ‘But Allen explained that the of- fer, was not definitely accepted Pending the word from Chattahoo- cheed“‘If we can get the boy ad- mittedito the state institution, we can saVe the county considerable money,” \said Allen. He addéd that the county com- mission, at.their meeting tonight, will decide what disposition to make in the case. Meanwhile, the Sheriff's Depart- ment reported that officials in Chattahoochee phoned yesterday to si met they are full at the pre- Appeal Te: Commissioner Allen.in 4 day that an ay may be a a to the Governor t obtain in the case. ;% The youth was lodged in the county jail after Monroe General Hospital authorities said that they could no longer care for him gince he had become violent. re ga by was placed in the jaij, the y continually pounded on the walls and side of his cell and nearly. guc- ceeded in breaking loose. That prompted commissoner Al- len to ask for a probe of the jail to find out why it should have been damaged so easily. The youth came here from New York recently and was found un- conscious by city police on Roose- velt Boulevard. His family in New York said that a childhood injury is blamed as the cause of his pre- sent condition. Attendants at the county jail have expressed fear that the youth may seriously injure himself if he is confined longer. Filling Station Nocturnal Noise Is Protested The City Commissioners were addressed by the owner of the Stone Hotel on White Street who complained of excessive noise from an open-all-night gas station nearby. The hotel owner complained that he and his guests could not sleep because of the noise. He stated that police cars come in the sta- tion and help make the noise. City Manager Victor Lang stated that he had looked into the it ter but had not come up 4 anything conclusive. He added that during the late hours that most routine noises sound much louder than normal. He gave as an example noise associated with fix- ing a flat. The commissioners instructed the manager to keep the polite out of the filling station. Commissioner Jack said that the only other recourse for the hotel owner was in the courts. He stated that the people could swear out a warrant for disturbing the peace if they de- sired. Se FERRY LANDING LEASE IS ASKED The Caribbean Ferry System, in a letter signed by Robert B. Reym olds, acy has asked the city for a lease on property near Por- ter Dock for a ferry landing. The sum of $12,500 per year was offered for the lease. A SAFE DRIVERS HONORED—Seven employes of the Overseas Transportation Company were honored at a banquet held at the JayCee Club House last night. The men received awards for not having a chargeable accident for periods of one to six years. Those receiving awards are, left to right: James Slack, two years; year; Manuel Mira, Photo, Sybil. Mystery Of Missing Widow IsCleared Up ‘de Sherif! Says She ~ Disappeared Under His Instructions — LAKE WALES (#—With the ar- rest of two men, one a well known attorney here, on charges of con- spiring to murder, Sheriff Pat Gordon disclosed today that a wealthy widow reported missing under circumstances indicating violence had disappeared under his direction. The sheriff refused to say where Mrs. Byrd T. Roach, 51, was “‘be- cause we have one more principal to arrest in this case.” ‘She is in excellent hands, she is in excellent health, and we are proud of the beautiful part she played,” Gordon said. | Held in county jail at Bartow on charges of conspiring to murde for profit are Emmett Donnelly, about 60, a lawyer here for many years; and Willard Durden, about 35, of Orlando. Charged With Conspiracy They are charged with conspiring to kill both Mrs. Roach and K. H. Gerlach, owner of the Barklow Co., maker of calendars. Bond for each has been set at $15,000. Maximum penalty for this misdemeanor is a year. in prison and a $500 fine. Durden was picked up at the bus station in Haines City yesterday afternoon. Sheriff Gordon said an (Continued on Page Two) Woman Asks City For Payment Of Auto Repair Bill City Clerk Victor Lowe read a letter to the city commissioners at the regular meeting last night in which a woman stated that her ear had hit a hole about a foot deep on 13th Street with resulting damage so bad that the car had to be towed to a garage. The letter said that the woman went to City Attorney J. Y. Por- ter and that he had advised her to let the city pay the bill. Porter quickly denied the state- ment and added that he talked to the woman after everyone had given her the run-around. Porter added that he told her that her only recourse was to write the commissioners. The letter stated poy: the car ming out of the garage to- Oey a tat they could call her and give her the amount of the bill. She gave her telephone number. No action was taken on the let- 4 Peter Jay it; Fred Whitman, cocks, five years; Robert Williams, two years; John Suarez, ‘one ee years; and Cassie Jaycocks, six years.—Citizen Staff Ordinance To Lower Fee For Car Inspection Turned Down A ‘unanimous vote of confi- dence for, City Manager Vic- tor Lang was voiced last night by the city commission. The expression of the group's satisfaction with Langs work requested by Mayor C. B. ‘vey. Harvey said that he was asking the vote in order to squelch the “constant rumors that have been going around the city.” Garbage Disposal Fees Dropped For Two Stores Garbage disposal fees were drop- ped from $60 to $30 for the Gulf- stream Food Store and Fausto’s Food Palace. The disposal fees were dropped by a vote of the city commisioners after Louis Carbonell had introduc- ed the measure. The owner of the Gulfstream store complained at the meeting that the city had stopped picking up garbage after he had refused to pay the fee of $60 a month. He stated that it was making a stink in the neighborhood. City Manager Lang said that he had no axes to grind about the measure but was only going by the cost. He added that he didn’t want to see the city lose money to col- lect anyone’s garbage. Lang stated that about three full truck loads of garbage are remov- ed from the Gulfstream each week. He also said that about five of the large stores use the full time of, one garbage truck and crew and that he based the $60 monthly for Gulfstream on that basis. He said that he was considering raising the larger stores’ disposal fee to $120 a month. NOTICE: A Public Hearing will be held by the City Planning Commission of the City of Key West, Florida, on Monday, June 21, 1954 at 7:30 P.M., at the City Hall, for the following ml com for drawii Be jider request irawing up a variance ordinance for corner Georgia and Flagler Streets. CECIL CARBONELL, bie Chairman. Further Study Is Asked By Mayor, Commissioners The city commissioners turned down an “ordinance last night to lower the city auto inspection sticker fee to 50 cents from $1.50. Commissioner Louis Carbonell said, “This illegal. dollar’ and a half inspection fees is just another skin game to take the money from Key Westers. We've been using the money for everything and it’s time we reduced the fee to a legal cost.” “The insection we get out there isn’t worth 10 cents,” Carbonell said. “People go out there and have to wait in long lines. I know one man who went out there on the 29th of May and found the place closed up at a quarter to one. That man was Mr. Spotts- wood.” Attorney’s Ruling Read The clerk was instructed to read the city attorney’s ruling on the subject. The ruling stated that the inspection fee should only be ac- cording to cost. City Manager Victor Lang got up and requested a delay on the mea- sure until after the budget had been discussed. Carbonell then stated that the budget had nothing to do with the inspection because no money was supposed to be made on inspec- tions. Lang said that he wanted to dis- cuss the thing first. He said he has planned a four point program of which he gave the following points: 1. Better service in the in- spections; 2. No more four hour waiting deals; 3. The possibility of only one inspection a year. The manager did not give the fourth point. Study Called For Mayor Harvey said that a study should be made. He added that the 50 cents may be too much. Commissioner Delaney said that it was he who first wanted the fee to be legal but he wanted a study made of it. It was reported previously that a certain element wants to add the cost of running the city such as a portion of the city manager's sal- ary to the income from inspection fees. Carbonell said that the only ex- tra money that it cost the city was the salary of the girl who put the stickers on. The motion was killed when a second was not heard by the may- or. Thurs. Meeting Set For Look At Tax Rolls The city commission, in its regularly scheduled meet- ing held last night in City Hall, refused to accept the resignation of Sam Pinder, Jr., from his post as city tax assessor. Pinder’s letter of resigna- tion was read to the com- missioners by City Manazer Victor Lang, and was fol- lowed by a flood of pro and con arguments, touching on The city commission was sched- uled to meet last night as an 4. jua- lization Board to make an oificial survey of the city tax rolls, but the absence of Pinder made it im- possible for the board to take ac- tion. The group will make another ef- fort to convene as the Equaliza- tion Board on Thursday night. ret jen reading of Pin- der’s r Tesignation Louis Carbonell made a métioy.that the resignation stiould not be accepted because Pinder “‘is a fine Chris- tian boy and the city could not find a better man for the job.” Mayor Harvey: said that he saw no reason for Pinder to quit. Some one brought up at the meet: ing that the assessor had quit be- cause of the unfavorable publicity he had been given in the news- paper. Assessment Check Harvey stated that he had seen nothing in the paper that should make him quit if there was nothing to hide. Harvey said that the only thing he had seen was that one of the city commissioners wanted to look over the rolls about some pro- perty that may have been wrongly assessed. He said, “‘We look over the books anyway.” Commissioner Paul Roberts said that all he had wanted to do was look into certain tax deals. Rob- erts added that he didn’t want to see taxes raised but that he did want to see a fair assessment on all property. Roberts said that if a fair as- sessment was had on all property that the millage could be dropped. Heated Discussion In a heated discussion Carbonell asked Roberts what his house had been sold for on Garrison Bight. Roberts answered him imme- diately. “I sold the house for $27,- 000 and it was assessed for $10,900, When I built it, the permit was for Carbonell said, “Then you think it should be assessed now for $27,- 00?” Roberts: “Yes, if the whole tax roll is worked that way. What’s your opinion on that, J. Y.,” he said pointing to the city attorney. Porter gave the opinion that as- sessments should be 100 per cent of value. Careful Check Promised Roberts added that he was go (Continued on Page ‘Two) NOTICE The Equalizing Board of the City of Key West, Florida, will meet in the Commission Chambers City Hall, at 8:00 P.M., Thursday, June 10th, 1954. VICTOR LOWE, City Clerk.