02-04-1958 Regular Meeting O
REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
February 4, 1958
A regular meeting of the Miami Shores Village Council was held
at 4:0.0 o'clock P. M. , February 4, 1958, at the Village Hall, with the follow-
ing Councilmen present:
Michael J. Franco, Mayor
John F. Saxon
Dean R. Claussen
Spencer W. Rudnick
Absent: None
Mr. Thomas H. Anderson, Village Attorney, was also present.
Prior to the regular business the Boy Scouts of this area opened
the meeting and took the part of the Council, Village Manager, Attorney,
Clerk, Chief of Police and Fire, to learn about our municipal operations.
The minutes of the last meeting were then approved as written
by motion made by Mr. Rudnick, seconded by Mr. Saxon and passed.
Mayor Franco, on behalf of the Village, presented Glen Byrd
with a certificate of appreciation for having rendered 20 years' service to
the Village.
Officer Waldon of the State Department of Public Safety, awarded
a Certificate of Honor to Miami Shores for meritorious service in traffic
safety and for no traffic fatalities during 1956.
Mr. William Pruitt, attorney for Mr. Phinney, and Mr. Phinney,
were again present to request that the Council re-consider their application
for permit to build on Lot 19, Block 17, a 50 ft. lot owned by Mr. Phiuney's
mother, adjoining her home. After further discussion Mr. Claussen stated
Z/4/58
-Z-
"Based on the opinion of our legal counsel, I move that Mr. Phinney be granted
a permit." Mr. Rudnick stated that he seconded this motion even though he is
violently opposed to the action, - inasmuch as our legal position is untenable.
The motion then passed by a 3/1 vote with Mr. Saxon dissenting as follows:
"I, too, quite understand the legal questions involved in the
issuance of permits to build on fifty-foot lots. It is my understanding that
the Village Council can establish special tax districts for affected property
owners where fifty-foot lots are located. If these districts are established
and the affected property owners vote for the Village to condemn the fifty-
foot lots involved for use as parks the property owners in each district can
be assessed over a given period of time for the cost.
"Until such time as the affected property owners surrounding
a fifty-foot lot are given the opportunity to vote on whether or not to be
assessed for the purchase of fifty-loot lots I shall continue to vote W61. "
Mrs. C. E. Chatfield of 164 N. E. 100th Street, who lives behind
the Metropolitan building, petitioned the Council to require the owners of that
property and the cafeteria to erect a wall along the rear parking lot adjoining
the alley in order to protect her property from damage by cars, papers,trash,
etc. The Council felt consideration should be given to this request and
instructed the Village Manager to look into it.
An invitation was extended to the Council by Joseph Hoffman,
Miami News reporter, to take a tour of the News Building and have luncheon
on Wednesday, February 19th. The Council accepted the invitation and asked
to be reminded of it at a later date.
The next business was to confirm the order for the new street
lighting. Mr. Claussen moved we approve the Village Manager entering into
an agreement with the Power Company for new street lights throughout the
Village for a sum not to exceed $11, 000 annual power cost, with a final plan
9
2/4/58
-S-
of location and engineering to be submitted by the Power Company. Motion
was seconded by Mr. Saxon and passed unanimously.
The Council next discussed a letter from the County Manager_
inviting the Village Manager to attend a meeting on future arterial road
needs in Dade County. Mr. Claussen stated that a policy should be set up
concerning attendance at County meetings so that the person attending will
report back to the Council and that that person cannot make commitments
for the Village without approval of the Council or Village Manager.
Mr. Frank H. Steinmetz of 445 N. W. 88th Street, appeared before
the Council to apply for a license to operate a private home patrol. Discussion
following concerning regulatory provisions for control of this occupation, as
bonding, uniforms, etc. Mr. Rudnick moved that the Village Manager be
instructed to investigate what other cities are doing and report back. Motion
was seconded by Mr. Claussen and passed unanimously.
At the last Planning Board meeting, plans for an addition to the
Mount Vernon Motel were approved. Some question arose over the use of
this addition in an A-Z zone, as a part of it, the architect explained, is a
pavilion with coffee and juice shop for the motel guests, all to be enclosed in
a garden wall. The Village Attorney advised that we could issue a permit
for the building addition but cannot at this time rule on the coffee shop. Action
was deferred until the next meeting at which time we will have a ruling from
the Village Attorney as to the use involved.
Concerning the settlement of injuries on Village streets, it was
the. Attorney's opinion that the Village Manager should settle claims for $1, 000
to
2/4/58
-4-
or less. Mr. Claussen thought that some of the cases could be taken to the
Council before settlement is made to decide whether or not the accident is
due to any negligence on the part of the Village. Mr. Anderson suggested
that the limit of our liability coverage be increased inasmuch as the Courts
are now holding Police liable for damages occurring in the line of duty.
A request was made by the Board of Directors of the Chamber of
Commerce that the Village donate to their building fund a part or all of the
profit from the bar on the occasion of the it dinner at the Club on February
22nd. Mr. Rudnick stated he could see no basis for this and moved that the
request be denied. Motion was seconded by Mr. Claussen and passed unanimously.
After a review of the bills Mr. Claussen moved that they be
approved. Mr. Rudnick seconded the motion and it was unanimously carried.
Concerning the appointment of another Councilman, Mr. Claussen
moved that we appoint M. E. Reynolds to fill out the unexpired term until the
next general election. Motion was seconded by Mr. Rudnick and a roll call
was taken of the vote as follows:
Mr. Rudnick "Yes"
Mr. Saxon "No"
Mr. Claussen "Yes"
Mr. Franco "Yes"
The motion carried. Mr. Saxon then made the following statement:
"I know Mr. Reynolds and have no personal objection to his
appointment. He is evidently qualified for our citizens have seen fit to
elect him to the Council several times. However, in my opinion there are
many qualified persons in our Village whom I feel sure would do a good job
and should be given the opportunity to serve their community. Furthermore,
my four and a half years of experience in the Army taught me that no one is
indispensable. For this reason I vote 'Noy on the appointment. "
2,458
-5-
In consideration of the purchase by the Village of Block 107,
Miami Shores Subdivision, Mr. Saxon moved that the Village Manager be
instructed to get an appraisal on it at no expense to the Village. Motion was
seconded by Mr. Rudnick and passed unanimously.
The meeting adjourned at 5:16 P.M.
Cle r
Approved:
Vi ge Manager
APPROVED:
g
Mayo