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12-20-1949 Regular Meeting i. REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL December 20, 1949 A regular meeting of the Village Council of Miami Shores Village, Florida, was held at 7:30 o'clock P.M., December 20, 1949 at the Village Hall, with the entire Council and the Village Attorney present. Upon motion made by Mr. Carpenter, seconded by Mr. Reynolds and passed, minutes of the last meeting were approved as written. The Village Attorney reported that he is securing a model ordinance to use as a pattern for our ordinance on soliciting. Mr. J. D. Williamson of 9701 N. E. 4th Ave. appeared before the Council to appeal a Planning Board decision refusing him a permit to erect a canopy in the rear of his home. After consideration of the matter and in view of the proposed location of the canopy, Mr. Reynolds moved that the permit be granted. 11otion was seconded by Mr. Mackenzie. Discussion followed. It was Mr. Carpenter's opinion that the Planning Board's views should be considered since they are an appointed board to keep planning at a high level. He further stated that when the Planning Board makes a decision based on policy or precedent, he felt that the Council should be consistent with this. It was suggested that Mr. Williamson get letters from his neighbors showing that they have no objection to this canopy. A substitute motion was made by Mr. Franco that this matter be referred back to the Planning Board with a copy of the comments, including the suggestion of the letters and have them reconsider the application of Mr. Williamson and request that at least one rember of the Planning Board inspect the location. Mr. Carpenter seconded this motion and a roll call was taken of the vote with the following results: 238 , C -2- Mr. Mr. Franco "Aye" Mr. Carpenter "Aye" Mr. Mackenzie "No" Mr. Reynolds "No" Mr. Frix "Aye" Motion carried by a 3/2 vote. A letter was received and read from Mrs. E. T. Reeder in which she submitted her resignation from the Library Board due to the fact that she is no longer a resident of Miami Shores. Upon motion made by Mr. Carpenter, seconded by Mr. Reynolds and unanimously passed, Village Manager was instructed to write Mrs. Reeder that the Council accepts her resignation and wishes to thank her for her past services on the Library Board. In another letter to the Council, the Board of Trustees recommended that Mrs. Hartford H. Vereen be appointed to fill the unexpired term, which is a five-year term from July 1, 1949. Mr. Carpenter moved that the Council approve the recommendation of the Board and that Mrs. Hartford H. Vereen be appointed to fill the vacancy caused by Mrs. R:eeder's resigna- tion. Motion was seconded by Mr. Mackenzie and unanimously passed. The next item on the agenda was the Village Manager's report on a zoning survey in connection with Bessemer Properties' letter concerning changing certain lots on N. E. 2nd Ave. to B-1 use. In this regard the Village Manager mentioned various planning and zoning experts who could make this survey, as well as, the cost and other conditions. He further stated that the Council could either deny this petition for rezoning and let Bessemer Properties take whatever action they might decide to take, or go ahead and call a public hearing and follow the procedure set up by ordinance. After discussing various ways of making this survey, as well as, a survey on the 50 ft. vacant lots in the Village so that the Village can be backed by some authoritative advice in court, it was suggested that the matter be referred to the Planning Board for a preliminary 2403 r 24- -3- study before hiring any experts in this field. Mr. Franco then moved that the application of Bessemer Properties for rezoning of certain lots on N. E. 2nd Ave. be referred to the Planning Board, that they invite a representative of Bessemer Properties to be present at their meeting and that their recommendation be given to the Council by the 3rd Tuesday in January, with a detailed explanation of their action. Motion was seconded by Mr. Carpenter and unanimously passed. In regard to a Christmas gift for the employees, Mr. Reynolds moved that this be handled the same as last year. Motion was seconded by Mr. Mackenzie and passed unanimously. Two letters were received and read from the Village Attorney. One in regard to the Ellis case with a copy of the Order signed by Judge Wiseheart and the other concerning a recent Supreme Court decision with regard to tax on admission fees to municipal beaches or pools. . The Village Attorney will check to find out if this tax will be applicable to any golf fees. After a review of the unpaid bills, Mr. Reynolds moved that they be paid. Motion was seconded by Mr. Franco and passed unanimously. Meeting adjourned at 8:40 P.M. c Village Manager d Clerk APPRO • Mayor 242