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04-01-1975 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL April 1, 1975 The regular meeting of the Miami Shores Village Council was held at 4:00 o'clock p,m. , April 1, 1975, 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. David Peace, Village Manager, and Mr. Richard M. Lund, Village Attorney, were also present. The Girl Scouts of Troop #404 made their annual visit to this meeting. After a welcome address by Mayor Condit and introduction of members of the Council and Village administration, the Scouts sang an invocation, then took places at the Council table to participate in Village business. Mayor Condit presented an award to Henry Boliek in recognition of his 20 year's service, and the Girl Scouts presented a hand-lettered scroll to Mr. Boliek, also in apprecia- tion of his service record. Planning Board minutes. March 13, 1975 - The Board denied Mr. Donald Gerloff, 1350 N. E. 101st St. , permission to operate from and park a helicopter in his back yard. Mr. Gerloff stated he would appeal this decision at the April 15th Council meeting. March 27, 1975 - The Board approved Mr. F. K. Foster's plans for remodeling the home at 440 N. E. 94th St. , as follows: that the vacant lot to the east will become a part of the property through a unity of title, that the new 4/l/75 -2- construction will line up with the existing wall on the west, that the entire project be built as one unit and upon issuance of a temporary C. O. on the residence, that the new garage will be completed within 90 days, with the existing garage demolished before issuance of a final C. O. and that there will be a deed restriction recorded against rental of the new garage guest quarters. After a review of the plans Mr. Claussen moved that the Council sustain action of the Planning Board. The motion was seconded by Mr. Clement and passed unanimously. Explanation of fire hydrants installed in sidewalks. Mr. Walter Dinn, Mr. Jim Brown of the Miami-Dade Water & Sewer Authority, and Lt. Charles Sowers of the Metro Fire Dept. , were present to explain how and why the new hydrants were installed in the sidewalks. It was reported that the hydrant locations were designed in accordance with the Public Works manual and that the plans were submitted to the former Village Manager and received his approval before the job was started, and that these installations were made by a standard procedure being used all over the County. Opening bids for one telescoping aerial lift (tree trimming truck) It was reported that only two bids were received: from Altec Company, and from Royal Truck Equipment Co. Mr. Clement moved that these bids be returned for a later bid and in the meantime that Florida Power & Light and the Telephone Co. be contacted to find out where they buy their lift trucks and ask these companies to bid. The motion was seconded by Mr. Jones and carried. Report from Country Club Management Committee. Mr. Abagnale reported that things are moving along smoothly, that the delinquent accounts are being cleared up and that people are coming back and really 4/l/75 -3- using the club. The committee has made application to extend the $45, 000 loan, paying off $5, 000 this month and, he stated, at the moment we are not in need of financing. Mr. Lund asked if the Council wanted him to proceed to institute a suit on delinquent accounts. Mr. Claussen moved that the Council authorize our Village Attorney to proceed with a legal suit. The motion was seconded by Mr. Clement and passed unanimously. Mayor Condit asked the Committee how they plan to meet the debt pay- ments coming due. Mr. Abagnale stated they are now running even on anticipated revenues and if it holds up through the summer and early fall we will be doing very well. However, it was agreed that they will be needing some new money. Mr. Khoury remarked that the people of Miami Shores owe this committee a vote of thanks for their dedication to this project. Village Attorney's reports. (a) Preliminary report to Council on the legal basis of the Country Club membership policy. Mr. Lund stated that in his opinion the Country Club could be run by an authority or a board. However, we cannot discriminate in the use of the club by members of the community or residents of the Village; that the memberships are basically prepayment of fees for golf, pool or tennis, that we cannot deprive anyone the use of the facilities on a membership or daily fee basis, nor can we assess the present membership for additional money needed. In regard to social memberships, Mr. Lund stated he did not believe the Villagers could be taxed for social memberships. He concluded that the ideal way would be to turn the club into a private club in a sense that we would treat it as a facility operated for all residents of the Village but basically you would have to be a member of 4/l/75 -4- the club in order to enjoy the facilities. Mr. Lund added that we should give serious thought to setting it up as a separate department and create some authority to manage the club and to provide funds to run it through the member- ships. Mr. Claussen moved that this be tabled. The motion was seconded by Mr. Clement and carried. (b) Legal opinion on controlling trucks driving through the Village. Mr. Lund stated that other than our Police force enforcing the traffic laws, control of where the trucks go and on what streets has been taken over by Dade County. However, he stated that we can make a request through the County for "No Truck Traffic" signs. Bills paid in March, 1975. Approved by motion made by Mr. Smenner, seconded by Mr. Jones and passed. (a) Alley abutting Mr. Mandel's property. Mr. Lund reported that he had received no response from Mr. Mandel's attorney and recommended that unless we have something by next meeting that we proceed to take legal action. Mr. Jones moved that this recommendation be approved which was seconded by Mr. Clement and passed. (b) Report from the Village Attorney in regard to recognition of Dade County PBA as exclusive bargaining representative of the Police officers. Mr. Lund reported that the Council has the right to question but not to decide and that the Statute says that you shall recognize them. Question arose as to the percentage of Police officers the PBA 4/1/75 -5- represented and Mr. Claussen moved that the employees be requested to indicate to us what agent they want to bargain for them. The motion was seconded by Mr. Smenner and passed unanimously. Mr. Clement brought up complaints about the paper re-cycling truck with regard to the papers blowing all over the neighborhood and suggested that it might be time to move the truck out. Mr. Jones asked the Village Manager to check into this and report back at the next meeting. Mr. Peace stated that he was ready to report on it now and that we are not making any money on it considering the expenses involved and the price of paper which has gone down. Mr. Clement moved to discontinue the truck but Mr. Jones asked that this be deferred and if we decide to discontinue paper collection, that we inform the people through the bulletin. The meeting adjourned at 5:40 p.m. Village Clerk APPROVED: or STATE OF FLORIDA ) SS MIAMI SHORES VILLAGE) I, DONALD W. McINTOSH, do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilman. So help me God. Donald W. McIntosh SUBSCRIBED AND SWORN to before me this 15th day of April, A. D. 1975. ircuit Court g Dade County, Florida STATE OF FLORIDA ) SS MIAMI SHORES VILLAGE) I, WILLIAM ALFRED DAVIS, do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilman. So help me God. William Alfred vis SUBSCRIBED AND SWORN to before me this 15th day of April, A. D. 1975. ircuit Court Dade County, Florida STATE OF FLORIDA ) MIAMI SHORES VILLAGE) SS I, JON E. McLEOD, do solemnly swear (or) affirm that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilman. So help me God. L JE. McLeod SUBSCRIBED AND SWORN to before me this 15th day of April, A. D. 1975. C--, Z! it cuit Courge Dade County, Florida