01-04-1949 Regular Meeting 1
REGULAR. I2ETING
MIAMI SHORES VILLAGE COUNCIL
January 4, 1949
A regular meeting of the Village Council of Miami Shores Village,
Florida, was held at 7:30 o'clock P.M., January 4, 1949 at the Municipal Office,
with the entire Council and the Village Attorney present.
Upon motion made by Mr. Reynolds, seconded by Mr. Parish and unanimously
passed, the minutes of the last regular meeting were approved as written.
A letter written by one of the residents, Mr. H. B. Ellis, was read
by the Village Manager, in which Mr. Ellis complimented the Village organization
on the improvements that were accomplished in the last year, as well as, the
beautification of the business area during the holidays.
Mr. Parish suggested a motion be made on behalf of the Council to
thank Mr. Wheeler for the splendid job he had done on the construction of the
new City Hall and in getting it ready for us to move in so promptly. After Mr. Frix
seconded this motion, it was unanimously carried by the Council. Mr. Parish
further specified that Mr. Wheeler should receive a copy of the minutes of this
meeting.
The next item on the agenda was the requests for street lights on
Grand Concourse and along the City Hall block. After a discussion of the cost
involved in maintaining these lights,, it was moved by Mr. Frix., seconded by
Mr. Reynolds and unanimously carried, that one whiteway underground light be
turned on between N. E. 96th Street and 5th Avenue on Grand Concourse and one on
' Second Avenue near the Police entrance to the City Hall.
Mr. Hofmayer, legal counsel for the Perma-stone Company, was again
present to appeal the final refusal of the Planning Board to permit application
of Perna-stone on residential homes in the Shores. Mr. Teasley, member of the
Planning Board., was called upon to explain the reason for the Board's denial.
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He reported that it had been a unanimous decision of the Planning Board that
because of aesthetic views they felt that the application -of Perma-stone on
residential homes was not in keeping with the other high standards set forth
in the Building Code. Mr. Parish stated that he did not believe it was right
to limit the type of architecture on the basis of appearance and he suggested
an informal meeting with the Planning Board. to discuss this further. It was
Mr. Hofmayer's opinion that building restrictions can only be enforced where
they apply to "the safety, health, comfort, morals or general welfare of the
community," and that it was doubtful that aesthetic reasons would be upheld in
Court. Mr. Reynolds stated that it was for the "general welfare of the community"
that he was opposed to Perma-stone and that he would stick by his own feeling
that this would be an eye-sore to the community.
Mr. McCaffrey moved that the Council over-rule the Planning Board's
former decision in der
Zing this request, providing applicant fulfills all other
requirements of the building code. Motion died for want of a second.
A motion was originated by Mr. Parish that, "the Council have a meeting
with the Planning Board to go into a thorough discussion of this subject in
order to find out what their full views are and to determine in a friendly,
thoughtful way, not who is right but what is right." Mr. Frix seconded this
motion on the condition that it would be possible for hin to attend such a
meeting, which it was agreed would be at the next regular Planning Board meeting,
or January 25th. Motion was carried by four affirmative votes, with Mr. McCaffrey
declining to vote either for or against.
In discussing the sewer project recently brought up by some of the
citizens, the Village Manager stated that a rough estimate of the cost would be
around one million dollars. He further remarked that the financing of such a
program would require certain changes to be made in the Village charter. Council
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agreed to defer consideration of the installation of sewers at this time but,
on the advice of Mr. Anderson, it was deemed expedient to begin work on contemplated
changes in the Charter in order that it will be ready for the meeting of the
State Legislature in the spring. A tentative meeting was scheduled for Wednesday
evening, Jan. 19, to go over the charter amendments as previously framed by the
Village Manager.
In regard to the Girl Scouts using a small area on the Golf Course,
Mayor Mackenzie exp;aired how a request had been made by Mrs. White, Chairman
of the Brownies, for a place where the girls might build a campfire and hold
outdoor meetings. After a discussion of the right to allow any individual group
to use the land, and the danger involved in the proposed location, ie. east of
No. S green, it was finally moved by Mr. Frix that any supervised youth group of
Miami Shores be granted permission to use the designated area. with the provision,
from a standpoint of safety, that it be used at hours when there are no golfers
playing on the course. Mr. Parish seconded this notion and it was passed unanimously.
The next item on the agenda was the use of the Council room by various
organizations. Village Manager stated that the Business and Professional Woments
Club made a request to meet here on Thursday evening. Upon motion made by
Mr. Reynolds, seconded by Mr. Parish and unanimously carried, the Village Manager
was instructed to allow any Miami Shores group to use this hall whenever it did
not conflict with municipal meetings.
The resolution presented at the last meeting by Mr. Parish was again
brought up for consideration and adoption. Mr. McCaffrey agreed that an appraisal
should be made in selling any Village property but as far as leasing it, he
thought the Council should be able to decide on any amount, taking into considera-
tion the purpose of the lease. Mr. Parish argued that leasing is tantamount to
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selling in some cases. He further stated that he did not believe the Council
was capable of real estate appraising, nor did he believe the Council had any
right to give away the wealth of the Village. Mr. Reynolds objected on the
contention that the Council has this power under its charter formed through the
State Legislature. He continued that as long as Councilmen are not paid for their
services and as long as businessmen are interested enough to serve this co=unty
for one dollar a year we would not have to worry about their giving away or
leasing any property for less than its worth. Discussion followed with reference
to a. proposal concerning the Legion Home, the essence of which Mr. Parish stated
was an example of government in the interest of special groups and not good
democracy. It was Mr. Reynolds' opinion that it is not bad democracy to give land
or lease property to the Brownies, Girl Scouts, Boy Scouts or American Legion.
Mr. Parish objected to having reference made to any special group as, he repeated,
it was the principle involved and consideration of an individual group was merely
an issue. Thereupon he noved that this resolution be adopted. The motion died
for want of a second.
In discussing the seating arrangement in the Council room, Mr. McCaffrey
stated that there should be a row of seats along the wall of the room to
facilitate courtroom proceedings with regard to a place for the arresting officers.
After consideration of the cost involved in furnishing this room, Mr. McCaffrey
moved we build a platform and a permanent table or desk for the use of the Council
and Police court and that we put in adequate seats in front of this desk and
along the west wall; entire cost not to exceed $650. Motion was seconded by
Mr. Reynolds and passed unanimously.
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Mr. Parish brought up the subject of serious charges made against the
Building Department. He thought an open investigation should be made with
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absolute thoroughness in order to clear up these accusations. Mr. Frix stated
that the person who had made the accusations should appear before the Council
so that the statements can be proven true or false. Upon advice from
Mr. Anderson, it was decided that Mr. Parish should go back to the people
who had criticized faulty installations and inferior construction for specific
details and then a private investigation will be made of these facts.
Meeting adjourned at 10:25 P.M.
�r
Village Manager,&d Clerk
APPROVED:
Mayor