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04-15-1975 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL April 15, 1975 The regular meeting of the Miami Shores Village Council was held at 4:00 o'clock P.m. , April 15, 1975, at the Community Center, with the follow- ing Councilmen present: Mayor James W. Condit Dean R. Claussen Raymond L. Clement Harry F. Smenner, Jr. Absent: Elwood Jones Mr. David Peace, Village Manager, and Mr. Richard Lund, Village Attorney, were also present. The meeting was opened with an invocation given by Rev. Marion Prather of the Miami Shores Christian Church. Minutes of the meeting of April 1, 1975, were approved by motion made by Mr. Clement, seconded by Mr. Claussen and carried. .Resignation of Mr. Donald W. McIntosh from the Planning & Zoning Board. The resignation of Mr. McIntosh dated March 17, 1975, was accepted by motion made by Mr. Claussen, seconded by Mr. Clement and passed. Canvass of returns of April 8, 1975 Council election. A resolution was read canvassing the returns of the Council election of April 8, 1975, which recorded a total of 2620 votes cast, including 55 absentee ballots, out of a total of 6250 qualified electors, with the following individual count: William L. Bayt 282 Raymond L. Clement 606- Wm. Alfred Davis 851• William F. Fann, Jr. 588 Kenneth R. Greenblat 161 Mrs. Elspeth"Betty" Jensen 558 Elwood "Sonny" Jones 720• Donald W. McIntosh 1260- Robert E. McKenney 734 Jon E. McLeod 813` John Schmidt 672 4/15/75 _Z_ Mr. Donald W. McIntosh and Mr. Wm. Alfred Davis, receiving the highest number of votes, were elected to four-year terms as Councilmen and Mr. Jon E. McLeod was elected to a two-year term. Upon motion made by Mr. Smenner and seconded by Mr. Clement RESOLUTION NO. 582-A was passed and adopted certifying the election returns. Mayor Condit then presented the outgoing Councilmen Clement and Smenner with a plaque expressing appreciation for their service on the Village Council. Mr. Jones will receive his plaque at a later time since he was absent. Circuit Court Judge Thomas E. Lee was called upon to officially administer the oath of office to the newly elected Councilmen. The newly constituted Council proceeded to elect Donald W. McIntosh as Mayor of Miami Shores Village by motion made by Mr. Davis, seconded by Mr. McLeod and passed. Mayor McIntosh's first business was the presentation of a plaque to Mr. Condit in appreciation for the public spirited service he rendered as Mayor during the past two years. Mayor McIntosh thanked the voters of Miami Shores for their support, as well as that of his family and friends. He stated that he feels this Council is a fine group and is looking forward to working with them and hopes and prays that the one thing we will be able to accomplish is that we can call ourselves the 4-H Village Council, that we will be helpful to our community, that we will create:a homogeneous Council and community, that all five will be harmonious and as a final result, we will be happy and that all of you in the community will be happy. Resolutions for bank accounts. A resolution to the Peoples First National Bank of Miami Shores 4/15/75 -3- authorizing the signature of Mayor McIntosh was unanimously passed upon motion made by Mr. Claussen and seconded by Mr. Condit, said resolution being RESOLUTION NO. 583. A resolution authorizing the signature of Mayor McIntosh with the First State Bank of Miami was unanimously passed after motion made by Mr. Claussen and seconded by Mr. McLeod, said resolution being RESOLUTION NO. 584. Appointment of Council member to Village Pension Board. Mr. Claussen moved that Mr. Davis be named as Council member to the Pension Board. The motion was seconded by Mr. Condit and carried. Appeal by Mr. Donald Gerloff, 1350 N. E. 101st St. , for permission to keep a helicopter on his property Attorney Al Quinton, Jr. was present to represent Mr. Gerloff in an appeal of the Planning Board decision disallowing a helicopter in a residential not zone. It was the Village Attorney's opinion that this use would fit in the category of a single family residence. Mrs. Lois Smith, 672 N. E. 98th Street, speaking on behalf of several neighbors, voiced opposition to the noise it created. Mr. Davis moved that the Council deny the use of a helicopter being parked on the land or docked at a residence. The motion was seconded by Mr. Claussen and passed unanimously. Mr. Quinton then offered a compromise that Mr. Gerloff be permitted to bring the helicopter in no more than ten times a month. This too was rejected by motion made by Mr. Claussen, seconded by Mr. Condit and passed unanimously. Mayor McIntosh then asked the Council to consider having the Village Attorney further study our zoning ordinance to spell out and clarify this particular question. The Village Attorney was asked to make this study upon a motion made 4/15/75 -4- by Mr. McLeod, seconded by Mr. Davis and passed unanimously. Fire Department merger. The Village Manager reported that the Council had authorized him to negotiate for the earliest possible merger but that the County had just notified him that they will not be able to take over the department until October 1 st. Mr. Claussen suggested that copies of the proposed agreement be sent all members of the Council and the Village Attorney. Auto Inspection station merger. It was reported that the station has been totally merged with Metro but we have one problem outstanding, that of Sgt. Wylie's status. This will be discussed at a workshop meeting. Unfinished business: (a) Alley abutting Mr. Mandel's property - Mr. Lund reported that he had spoken with Mr. Mandel's attorney and was again advised that Mr. Mandel will not sign an agreement unless it is set for some fixed period of time. Mr. Claus sen moved that this be tabled today and brought up at a work session. The motion was seconded by Mr. Davis and passed unanimously. (b) Recognition of the P. B.A. as bargaining agent for the Police Dept. Mr. Lund stated that the law requires recognition if the Police want it. The Village Manager stated that this had been verified with signatures of at least 75% of the officers on file. Mr. Claus sen moved that the Council recognize the P. B.A. as bargaining agent for the Police Dept. The motion was seconded by Mr. Condit and carried unanimously. 4/15/75 -5- (c) Report on paper recycling project - A discussion took place covering the small return we are getting for the paper, the liability of a fire in the truck, as recently occurred, the man hours involved, and the cost of taking this amount of paper to the dump, - in an attempt to evaluate the project as to net loss or gain. Mr. Claussen moved that we continue this program for two more months and watch it closely. The motion was seconded by Mr. McLeod and passed unanimously. Councilman McLeod moved that the agenda for Council meetings be published regularly in the appropriate newspaper. This motion was seconded by Mr. Davis and passed 4/1 with Mr. Claussen dissenting. Mr. McLeod proposed another motion, that all regularly scheduled Council meetings shall commence at 7:30 p. m. until further action by the Council. The motion was seconded by Mr. David and passed 3/2 with Councilmen Claussen and Condit dissenting. Mr. Gene Joyce, 898 N. E. 95th St. , asked to be heard and agreed that the Council was starting off on the right foot with evening Council meetings, as promised in the election campaign and publication of the agendas. The meeting adjourned at 4:55 p.m. Village Clerk A VED: ayor