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12-21-1948 Regular Meeting 1 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL December 21, 1948 A regular meeting of the Village Council of Miami Shores Village, Florida, was held at 7:30 otclock P.M., December 21, 1948 at the Municipal Office, with the following Councilmen present: Roy Mackenzie, Mayor M. E. Reynolds Howard I. Parish George A. Frix Absent: L. J. McCaffrey Mr. Anderson, Village attorney, was also present. Upon motion made by Mr. Frix, seconded by Mr. Parish, and unanimously passed, the minutes of the last regular meeting were approved as written. The next item on the agenda was a proposed Resolution No. 294, setting up a payroll bank account. Mr. Parish moved that this account be set up as suggested by the Village Manager. Motion was seconded by Mr. Frix and unanimously carried. Concerning the swimming pool contract, Mr. Parish moved that the Mayor and Village Manager, in conformity with a previous motion, be authorized to execute the standard AIA contract with Mr. Willits. Mr. Frix seconded this motion and it was unanimously carried. Permission was granted to the A & P store for a Beer and Wine license by motion made by Mr. Parish, seconded by Mr. Reynolds, and unanimously passed. Mr. Hofmayer, representing Perma-Stone Company, was present to appeal the Planning Board's decision in denying a permit for Perma-Stone application on private homes. After discussing the validity of the Planning Board's refusal for aesthetic reasons, and the right to prohibit a home owner from slaking this improvement to his home, Mr. Parish made a motion that the Council refer the appeal back to the Planning Board with the recormendation that they change their decision. Motion was seconded by Mr. Frix and passed on a 3/1 vote, with -2- Mr. Reynolds dissenting. The next item on the agenda was a letter from Rev. McKeever of St. Rose of Lima Parish requesting the use of the Community House for their Youth Club meetings. Council agreed that the Community House was set up for all the youth of Miami Shores as specified by deed restrictions and that a precedent could not be established by granting this privilege to any particular group. The Village Manager was instructed to answer Rev. McKeever's letter explaining these conditions. A letter from the Dade Council of Parent-Teacher Associations was read in which it was requested that a survey be made of juvenile magazines in the Shores in order to eliminate the sale of objectionable literature to children. Village Manager was requested to answer this letter informing the Parent-Teacher Associations that this had already been done. At the request of Mr. Ken Dunning it was proposed that a parking lot be made along Second Avenue between 99th and 100th Streets, until such time as the property is otherwise disposed of. Mr. Reynolds moved that this request be denied. Motion was seconded by Mr. Parish and carried by a 3/1 vote, with Mr. Frix dissenting. The next item on the agenda was a letter from the Florida League of Municipalities, concerning a municipal legislative program for 1949. Upon motion made by Mr. Reynolds, seconded by Mr. Frix and unanimously carried, this proposal is to be turned over to Councilman McCaffrey for study and discussion with the Village Manager. In discussing a Christmas gift for Village employees, Mr. Parish moved that all employees be paid $5.00 for each year of service up to a maximun of $25.00. Motion was seconded by Mr. Frix and unanimously carried. -3— The Village Manager brought up a proposal for four new fire bydrants along Second Avenue to protect the business area, cost of installation to be $1000. It was pointed out that this is a necessary step to be taken in conjunction with the new fire protection setup to be assumed by the Village and upon motion made by Mr. Parish, seconded by Mr. Reynolds and unanimously passed, Council authorized their installation. Mr. Parish moved that the following resolution be adoptedt BE IT RESOLVED: that the Miami Shores Village Council shall not sell or lease any property belonging to Miami Shores Village except under the following conditions: 1. That any property offered to be leased or purchased from the said Village shall, before any sale or lease is effected be ordered by Council to be appraised by at least two appraisers who are recognized by the U. S. District Court and by the Miami Board of Realtors; z 2. That such appraisers shall name a sum considered by them to be an equitable rental or sale price for the property offered to be bought or leased; 3. That said Village Council shall under no circumstances lease or sell such property at a figure less than that named as equitable by the appraisers employed by the Village to make such appraisal. This proposed resolution brought up the subject of leasing property on the Golf Course to the American Legion. Mr. and Mrs. Franck of 900 N. E. 100th Street were present and made a statement to the Council that they strenuously objected to the proposed site. The Village Manager stated that he had seen a copy of Mr. Brockway's letter to the Legion wherein he disapproved of the Golf Course site for the Legion Home and further stipulated that his donation would be withdrawn if a -4- central 4central location could not be decided upon within the next two years. Council agreed to notify all concerned if and when a new site was proposed. Further study is to be given Mr. Parish's resolution. After considering the unpaid bills for the month of November, it was moved by Mr. Parish that they be paid, seconded by Mr. Frit and unanimously carried. Meeting adjourned at 9:30 P.M. c / v Village Manager and Clark APPROVED: Mayor C 0 P Law Offices Of Y MITCHELL AND PERSHING (Masslich and Mitchell) 120 Broadway New York 5, N. Y. December 19, 1947. Thomas H. Anderson, Esq., First National Bank Building, Miami 32, Florida . Re: Miami Shores Village Proposed $150,000 City Hall Bonds Dear Mr. Anderson: We apologize for the delay in answering your letter of December 4, 1947 in which you asked us..,for an estimate of the fees we would expect to charge for services rendered to Miami Shores Village in connection with a proposed election upon the question of issuing the above bondsand rendering our opinion thereon. The proceedings to be taken by the Village Council and other evidence to be furnished would comprise substantially the following: 1. Resolution providing for the issuance, subject to the election provided for in the resolution, of the proposed bonds and ordering a special bond election to be held in the Village. 2. Certificate of the Village Manager concerning registra- tion for the election. 3. Certificate of Inspectors ' and Clerk of election. 4. Resolution of the Village Council canvassing the returns of the election and declaring the result of the election. 5. Resolution of the Village Council providing for the issuance of the bonds and for their validation. 6. Validating proceedings consisting of: Petition for Validation Notice and Order to Show Cause Answer Decree 2. 7. Proceedings of the Village Council directing publication of notice of sale of the bonds. 8. Proceedings of the Village Council awarding the bonds upon the sale thereof. 9. ' Usual closing papers. For the services contemplated by the first three, items we would expect to charge a fee of 4100.00. In the event the election results favorably, our fee for the preparation of all remaining proceedings and forms and for render- ing an opinion upon the proposed bonds would be app2xximately $150.00. In the event any unforeseen difficulty should be encountered we would expect to charge an additional amount for the remaining services to be rendered subsequent to the election but we would not expect our total fee to run over 0300.00. If you desire us to proceed in this matter will you please advise us of the date the proposed bonds are to bear and of your suggested schedule of maturities . This information will be necessary for the preparation of the resolution calling the election. In this connection we call your attention to the fact that the outstanding golf course bonds mature annually, May 1, X10,000 -in each of the years 1948 to 1953, inclusive, $15.,000 in the year 1954, $20.,000 in each of the years 1955 to 1958, inclusive, and $25,000 in each of the years 1959 to 1965, inclusive . With kind regards and our best wishes for the Christmas Season, we are, Yours very truly, /s/ Mitchell 8, Pershing