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05-14-1946 Regular Meeting MINUTES OF REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL MAY 14, 1946 The regular monthly meeting of the Miami Shores Village Council was held at 7:30 PM May 14, 1946. All members of the Council were present. Mr. Thomas Anderson, Village Attorney, was also presents Minutes of the regular meeting of April 9, 1946 were read and approved. Village Attorney Anderson reported that, in response to the direction of the Council at its April 9, 1946 meeting, as transmitted to him by the Village Manager, he had communicated to the Florida East Coast Railway the desire of the Council w for reduction in speed of trains passing through the Village and installation of safety gates at the three crossings within the Village. Mr• Gaddis and Mr. Wahl, representing the Railway, then appeared before the Council. Correspondence read by Mr. Gaddis indicated difficulty in obtaining critical materials required in manufacture of crossing protection equipment. He offered his assurance, however, that as soon as such materials, which have been ordered, are available, safety gates will be erected at the three crossings in question. Questioned by the Mayor and other Council members on the speed of the FEC trains, Mr. Gaddis admitted their speed was in excess of 30 miles per hour, and was again cautioned with reference to reduction in speed. He said if the Council were to adopt an tog 203 -2- ordinance requiring the FEC to stop the train whistles, the Railway would discontinue the praeticee Mr* Calvin We McCutehen appeared before the Council with reference to communication addressed to him by the Village Manager, in accordance with direction of the Council at April 9 meeting that keepers of pigeons within the Shores be ordered to dispose of such stock. Mrs* McKay, 141 N.W. 98th Street, neighbor of Air* McCutehen, also appeared in further reference to her previous complaint about his pigeons, stating that, though no proof can be offered, she believes the pigeons draw flies, and that the numbers of flies about the house cause her concern for the health of her small child. Mr* Reynolds moved that the matter be taken under advise- ment, for further discussion at next Council meeting, on the understanding that in the meantime, through survey by and consultation with an expert on the matter, effort will be made to determine if there is an over-abundance of flies in the immediate vicinity of Mr* McCutchen's residence, and on the further understanding that Mr* McCutchen may retain his pigeons while the investigation is in progress* Mr* McKee seconded the motion, which passed unanimously. Letter from 7r* Thomas S* Griggs was read, requesting permit for alterations in his home at 150 N*E* 96th Street for purpose of converting a portion thereof into his professional office, such permission having been denied by the Planning Board* In the discussion thich followed, reference was made to the litiga- tion in which the building at that address is presently involved* The Village Attorney stated it as his opinion that the matter in 909 205 -3- which Dr. Griggs is concerned has no connection with such litigation; that if Dr. Griggs is living in this dwelling as his home, he would, under the provisions of :Section Z6-5 of the Zoning Ordinance, be permitted to carry on in that building the practice of medicine, provided no person or persons other than members of his own household are employed by him in such practice. Lir. Griggs stated he has no employees. Mr. Reynolds moved that the Planning Board be instructed to issue permit, as requested by Dr. Griggs, in accordance with the provisions of Section Z6-5 of the Village Zoning Ordinance. Mr. Parish seconded the motion, which was carried by four-fifths vote, Mr. McKee dissenting. Mr. Paul J. Kinney presented to the Council a petition, signed by 23 persons whom he identified as builders in Miami Shores, for relief from that portion of the present building code requiring concrete grade beam, so as to permit cement block grade beam with a four-inch cap. Mr. Kinney also pre- sented letter from Chief Building Inspector, City of Miami, certifying that the Miami Building Code does not call for grade beams to be poured except for engineerfs design for major structures or building in low muck ground or new fill, as well as letter from District Director, FHA, stating that construction of the type covered by the petition is considered good and acceptable for insured mortgages on typical construction in this area. Mayor McCaffrey and Mr. McKee stated their op- position to the proposed change on the grounds it represented no improvement in the present building code. _S09 207 -4= After some discussion, Mr. Parish moved that the present building code be modified to permit use of 12-inch block on bearing walls, from outside to inside, and eight-inch block on non-bearing walls, except in places where there is filled or soft ground, and that the ordinance be thus redrawn by the Village Attorney and passed by the Council. The motion was seconded by Mr. Reynolds and carried by three-fifths vote, Messrs. McCaffrey and McKee dissenting. It was the decision of the Council that, pending redrawing of the Building Ordinance, construction on the revised basis would be per- mitted, and the Village Building Inspector was instructed by the Mayor to approve future plans on such basis. With further reference to Ordinance No. 154, granting franchise to Peoples Water & Gas Company, the Village Attorney requested approval of the Council to bond in amount of $159000 for proper performance by the Company. This approval was given by the Council. Mrs. Cora M. Fleshman, owner of Lot 23, Block 10, Miami Shores Section 1, which is a lot with 56-foot frontage, requested permit to build on said lot, which she had purchased in 1924. Mayor McCaffrey informed her the proper procedure is to submit the matter to the Planning Board. Should the request be denied by that Board, the matter may again be brought before the Council at its neat meeting for final decision. The Council discussed application of Mr. Co Fe Wheeler for permit to erect 12 a 20 portable garage for temporary servants' quarters at 124 N.E. 96th Street. As such construction I9 i I 211 �I 4 is contrary to the present building code, Mr. McKee moved that the permit be refused. Mr. Parish seconded the motion, which carried unanimously. The Village Attorney submitted Ordinance No* 156 s amending the present Zoning Ordinance No. 92 with respect to definition and application of the term "residence" as applied to a single-family residence. Mr. Kilburn moved that the ordinance be adopted; the motion was seconded by Mr. Parish and unanimously carried. Mr. Anderson also submitted letter dated May 14, 1946 addressed to the Village Manager, serving as formal opinion that the Council has authority to review decisions of the Board of Adjustments and, further, that the Council is the only legislative body which has the final right to determine the use to which property in the Village may be put. This opinion was accepted by the Council for the record. Question of whether or not the Village is to take steps to recover legal expenses incurred in the American Legion litigation was discussed. The Village Attorney stated that# as a matter of legal duty, the Council is obligated to make the effort to obtain the amount of such expense. The matter was also discussed briefly with Mr. Marion Arnold, the new Commander of the Wm9 Brockway Post, and the suggestion made that if and when the Post is successful in disposing of its lots,, arrangement could probably be made for settling this expense item. It was the decision of the Council that the matter be held in abeyance. Ordinance 156A (Sidewalk Ordinance) as submitted by Village Attorney, was unanimously adopted upon motion by Mr. 9 8 [ 18� -6-• Kilburn, seconded by Mr. Reynolds. The Village Manager read letter from Mr. A. E. Fuller, Executive Vice President, Pan American Bank of Miami, eon- firming that, to insure the Village of availability of cash presuming purchase by the Village of U.S. Government securities, the Board of Directors of that bank have formally authorized a loan up to $1.00,000 to the Village, to be secured by a like principal amount of Series "C" U.S. Treasury Savings Notes, at the same rate of interest accruing on the notes, to mature at the earliest redemption date of such notes. Mr. Anderson stated his opinion that the Council has not the legal right to put out the Village money at interest in investments not immediately convertible into cash, but that this difficulty is eliminated by the provisions of the Pan American Bank letter. Mr. Parish moved that the Village Manager be authorized to invest $100,000 Golf Course Improvement Funds in Series "C" U.S. Treasury Savings Notes paying 6/10% interest. Mr. McKee seconded the motion, which was carried unanimously. The sewer project was discussed, with particular reference to obtaining services of qualified engineer to complete applica- tion forms for federal funds to aid in the project. Both Mr. McKee and the Village Manager reported on their preliminary negotiations to this end. It was the decision of the Council that the Village Manager continue such negotiations on the basis of a fee to the engineer of approximately $300 to X400 (the exact amount to be left to Mr. McCallts discretion) for perform- ing the necessary calculations to complete the application, such feet however, to be waived by the consulting engineer if and when he is awarded contract for the project. 98T 181 t -7- April bills were submitted to the Council. Mr. Parish moved that such bills, in total amount of $4,719.98v be approved and paid. Mr. Kilburn seconded the motion, which carried unanimously. Mr. Parish moved that expenditure of up to $250 for entertainment of the Police Chiefs Association of Dade County be authorized. The motion was seconded by Mr. Kilburn and unanimously carried. The Council adjourned at 10:50 PM* c age anage an ler Approved: OST 179