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05-15-1973 Regular Meeting 43 REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL May 15, 1973 The regular meeting of the Miami Shores Village Council was held at 4;00 o'clock p. m. , May 15, 1973, at the Village Hall, with the following Councilmen present; Mayor James W. Condit Dean R. Claussen Raymond L. Clement Elwood Jones Harry F. Smenner, Jr. Absent; None Mr. John W. McIntyre, Village Manager, and Mr. Thomas H. Anderson, Village Attorney, were also present. The meeting was opened with an invocation given by Dr. Floyd Folsom of the Miami Shores Baptist Church. Minutes of the last regular meeting were approved as written by motion made by Mr. Claussen, seconded by Mr. Clement and passed. Recommendation on the golf course irrigation bids. The Village Manager read a letter from the Chairman of the Greens Committee in which a recommendation was made for acceptance of the low bid of Formost Construction Co. in the amount of $159, 055. 00 for an automatic irrigation system. Mr. Claussen moved that the Council take this under advisement. The motion was seconded by Mr. Jones and carried. Resolution proposing to remodel the Country Club kitchen facilities and redecorate the dining areas. A copy of this resolution had previously been sent to the Council. Mr. Claussen moved the adoption of the resolution which motion was seconded 5/15/73 -2- by Mr. Jones. Mr. Hansford D. Tyler, Jr. , 431 N. E. 94th St. , spoke up to voice "a citizen's objection to the resolution in that it is the pledging of public monies to underwrite a loan for a private purpose". He continued that it is his opinion and that he believes it is improper to pledge the Florida Power & Light revenues to the Village for the purpose of underwriting a loan for the facilities or use of a private club. Mayor Condit stated that this has been looked into by our Village Manager and our Village Attorney, and in their opinion it is being done in the proper manner. Mr. Tyler stated he intends to put it to a test by filing a suit in a judicial court for a declaratory decree. In answer to Mr. Tyler's implication of using general funds of the Village, Mr. Jones read the following stipulation from the resolution, "that the certificates of indebtedness shall not under any circumstances, be or become a general obligation of the Village and the real property of the in- habitants of the Village shall never be taxed for the purpose of paying the principal and interest, or other costs, arising out of the issuance of said certificates. " It was also emphasized that this money would be repaid from the revenues of the Country Club operation. Upon vote RESOLUTION NO. 544 was passed 4/1 with Mr. Sm.enner dissenting. Resolution authorizing execution and sale of $150, 000. 00 of 4. $% revenue certificates to provide funds for making necessary repairs to the Miami Shores Country Club. A copy of this resolution had previously been sent to the Council. Mr. Claussen moved adoption of the resolution. The motion was seconded 4 5/15/73 -3- by Mr. Jones. Mr. Hansford Tyler repeated his previous objection to the pledging of public funds for the underwriting of any loans for a private club or private use of public funds. Upon vote RESOLUTION NO. 545 was passed 4/1 with Mr. Smenner dissenting. Request by Mrs. A. J. Tracy for the use of the park on the east side of N. E. 2nd Ave. between 93rd and 94th Streets for the annual blessing of the animals. Mrs. Tracy stated that the "Friends of Animals" had set aside October 28, 1973 for the annual blessing of animals and would like to use this shady park for the ceremony. She assured the Council that proper sanitary measures would be taken so that the grass and plants would not be damaged. Mr. Claussen moved that this request be referred to the Village Manager for review to see if we can come up with another location. The motion was seconded by Mr. Jones and carried. Review of the Durbin Paper Company's bin for paper recycling. After some discussion of the problem of getting the paper picked up regularly, the Village Manager was instructed to continue to watch the program, keeping the Council informed, and also see if there is any other company who can handle it. Resolution approving a plat of Joni Heights Subdivision. Mr. Smenner thought that this should have gone to the Planning Board first and moved that it be referred to them. The motion was seconded by Mr. Clement and carried. 5/15/73 E -4- Mr. Smenner brought up the subject of the decorating committee for the club house and asked that the Council take action on the appointment of a Chairman. Upon motion made by Mr. Clement, seconded by Mr. Jones and passed Mr. Howard McLaughlin was appointed as Chairman of the Decorat- ing Committee. Mr. McLaughlin then made a report to the Council on the plans formed by his committee to date which included a recommendation to reject the bids submitted by interior decorators and hire a design consultant at a fee of $1, 000. 00. Mr. Claussen moved that the Council reject all previous bids submitted for interior decorating at this time. The motion was seconded by Mr. Jones and carried. Resolution opposing mandatory millage rollback. This RESOLUTION NO. 546 was unanimously passed and adopted upon motion made by Mr. Claussen and seconded by Mr. Jones. Appointment of replacement for Mr. Smenner on the Planning Board and appointments to the Personnel Appeals Board. Mr. Clement submitted the name of Art Moreno for the vacancy on the Planning Board. As other members of the Council were not ready to make this appointment Mr. Claussen moved that it be tabled and considered at a later date. The motion was seconded by Mr. Clement and passed. Unfinished Business: (a) Consideration of night Council meetings. Mr. Claus sen moved that this be taken off the agenda and that the Council reconsider it next fall. The motion was 5/15/73 4 -5- seconded by Mr. Jones and passed. The Village Manager reported that although the city will receive additional franchise and utility tax revenue with the increase granted the Florida Power and Light Co. , we will lose the discount granted the Village on its own power bills. The meeting adjourned at 4:55 p. m. Village Clerk APPROVED: yor