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09-02-1975 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL September 2, 1975 The regular meeting of the Miami Shores Village Council was held at 7:30 p.m. , September 2, 1975, at the Village Hall, with the following Councilmen present: Mayor Donald W. McIntosh W. Alfred Davis Dean R. Claussen James W. Condit Jon E. McLeod Mr. David Peace, Village Manager, and Mr. Richard Lund, Village Attorney, were also present. The meeting was opened with an invocation given by Councilman Condit, followed by the pledge of allegiance. Minutes of the meeting of August 19, 1975, were approved as written by motion made by Mr. Davis, seconded by Mr. Condit and carried. Report on Mrs. Habersin's request concerning alley light. The first business to be taken up was the item of Mrs. Habersin's request for improved lighting in the alley between 99th and 100th Sts. , east of Miami. Ave. , carried over from the last meeting. A report received from the Chief of Police advised against relocation of the light in question. Mr. Louis Gkikas of Fla. Power & Light Co. , reported that he had inspected the light with the police officer to advise on the technicalities of height, location, cost of moving, etc. Mayor McIntosh asked Mr. Gkikas to see if this light can be raised for more illumination, if F. P. L. will do it, and the cost, if any, to the Village. Mr. Gkikas explained further that the alley lights are designed to light the public right-of-way; if more lighting is requested by residents they may 9/2/75 -2- purchase additional lighting for rear yards for a cost of $4. 00 a month, including installation and maintenance. Mr. Gkikas will report back as to making any change to the existing light. Planning Board minutes. Planning Board approval was given on Mr. Claussen's request for permit to build on Lot 10, Block 80, Miami Shores Sub. , a 50 ft. lot east of 910 N. E. 99th St. Attention was called to the ordinance permitting the building on 50 ft. lots only .. "where permanent improvements have been erected on both side lots contiguous thereto, and such lot is owned by someone other than the owners of the side contiguous lots. " Mr. Condit moved that this be tabled until the Village Attorney can look into all aspects and make a recommendation to the Council. The motion was seconded by Mr. Davis and carried. Planning Board recommendations: (1) that the Council pass an ordinance limiting retail stores and public restaurants to a closing hour of midnight seven days a week. Mr. Peace reported that in other cities contacted there were no hours of operation except on the sale of alcoholic beverages. It was Mr. Lund's opinion that we should have a serious complaint from the Police Department to have some basis for taking action on closing hours. Three places of business in Miami Shores maintain 24 hour operation: Direct Oil Co., Utotem and Howard Johnson's. Action was tabled pending a recommendation from the Village Attorney at the next meeting. (2) that Section 904 of the Zoning Ordinance be amended to require a survey on additions and alterations prior to building 9/2/75 -3- and upon completion. Mr. McLeod moved that this be referred to Mr. Lund to draft an ordinance. The motion was seconded by Mr. Condit and carried. Consideration of a resolution adopting a policy for off-duty police services. A request was made by the Chief of Police that a policy be established for the hiring of off-duty police officers: (a) requiring departmental approval of employment and (b) assessment of a 20% charge over the hourly rate to cover administration expenses, as Social Security, Workmen's Compensation, uniforms, etc. Mr. Condit moved that this policy be established as requested, to be effective October 1, 1975. The motion was seconded by Mr. Davis and passed 4/1 with Mr. Claussen dissenting. Resolutions completing the Mandel alley transaction. A resolution was read by the Village Attorney accepting deed to a portion of Lot 3, Block 1, Joni Heights. Mr. Davis moved that this resolution be adopted. The motion was seconded by Mr. McLeod and passed 4/1 with Mr. Claussen dissenting, said resolution being: RESOLUTION NO. 588 A RESOLUTION ACCEPTING DEED TO PORTION OF LOT 3, BLOCK 1, JONI HEIGHTS, AS RECORDED IN PLAT BOOK 96, PAGE 23, PUBLIC RECORDS OF DADE COUNTY, FLORIDA Another resolution was read discontinuing and closing a portion of the alley between Lot 27 and Lot 28, Block 67, Miami Shores Subdivision. Upon motion made by Mr. Davis, seconded by Mr. McLeod and passed 4/1 with Mr. Claussen dissenting, RESOLUTION NO. 589 was adopted, same being: 9/2/75 -4- A RESOLUTION DISCONTINUING, VACATING, AND CLOSING A PORTION OF THE ALLEY LYING BETWEEN LOT 27, BLOCK 67, MIAMI SHORES SECTION 3 (PLAT BOOK 10, PAGE 37); AND LOT 28, BLOCK 67, MIAMI SHORES SECTION 3 (PLAT BOOK 10, PAGE 37) AND LOT 3, BLOCK 1, JONI HEIGHTS (PLAT BOOK 96, PAGE 23) AS RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY FLORIDA, RESERVING UNTO THE VILLAGE OF MIAMI SHORES THE RIGHT TO MAINTAIN AND INSTALL PUBLIC UTILITIES Recommendation from Pension Board on 5% cost of living increase to present retirees. Mr. Claussen moved that the 5% increase be granted to the present retirees, effective October 1, 1975, with a minimum of $10. 00 per month. The motion was seconded by Mr. McLeod and passed unanimously. In line with the subject of the Village pension, Mr. Peace asked the Council to consider amending the pension ordinance exempting the Village Manager from participation in the plan, as he preferred to join the International City Managers retirement plan. Mr. Peace felt membership in the ICMA plan would allow him more flexibility in changing positions. Mr. Condit moved that this be turned over to the Pension Board for their recommendation. The motion was seconded by Mr. Claussen and passed unanimously. The Village Manager brought up the case of Robert Wiley, transferred to Metro with the transfer of the automobile inspection station, who wishes to remain on the Village pension plan. Mr. Claussen moved that this be referred to the Village Attorney for his recommendation and comments. The motion was seconded by Mr. Davis and passed unanimously. Bills for the month of August. After a review of the bills they were approved by motion made by 9/2/75 -5- Mr. Claussen, seconded by Mr. McLeod and carried. Unfinished Business: (b) Dr. Eng's awning carport at 9420 Park Drive - Mr. Claussen moved that the awning be allowed to remain as is. The motion was seconded by Mr. Davis but failed to carry on a 1/4 vote with Messrs. McLeod, Condit, Davis and McIntosh dissenting. Village Manager's report - The Village Manager stated that Mr. Petrey has requested clarification of what constitutes a minimum number of hours worked to establish full-time service credit. Mr. Condit moved that the Village Manager write up a recommendation to cover everyone in general and submit it to the Council as to what constitutes a part-time employee and what constitutes a full-time employee. The motion was seconded by Mr. McLeod and passed 3/2 with Mr. Claussen and Mayor McIntosh dissenting. Village Attorney's report - Mr. Lund stated that he had received a call from Tallahassee concerning the fire merger with regard to the State money that has gone into the Fire Dept. pension money. It was reported by Mr. Glaid that it will be necessary to return the money received under F. S. 175 to the State when the fire personnel go into the State Pension plan. Mr. Lund reported that the re -written fire contract will be ready for signing within a few days. Concerning Mr. Petrey's request to change Ordinance No. 324, Mr. McLeod moved that Mr. Lund prepare an amendment to Ordinance No. 324 to define residents as persons living in R zones and A-1 zones. The motion was seconded by Mr. Davis and carried. 9/2/75 -6 - The meeting adjourned at 9:20 p.m. Village Clerk Mayor