11-18-1975 Regular Meeting REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
November 18, 1975
The regular meeting of the Miami Shores Village Council was held at
7:30 p.m. , November 18, 1975, at the Village Hall, with the following Council-
men present:
Mayor Donald W. McIntosh
W. Alfred Davis
James W. Condit
Jon E. McLeod
Absent: Dean R. Claussen
Mr. David Peace, Village Manager, and Mr. Richard Lund, Village
Attorney, were also present.
The meeting was opened with an invocation given by Rev. Harold A.
Davenport of the Miami Shores Community Church.
Mayor McIntosh, on behalf of the Council, commended Officers Rene
Dibut, Jack Ulmer, and William Gwynn for meritorious service in the line of
duty on October 25, 1975, and presented each officer with a plaque of apprecia-
ti on.
Minutes of the regular meeting of November 4, 1975 were approved as
written by motion made by Mr. Condit, seconded by Mr. Davis and carried.
Opening of bids on tennis practice wall.
The following bids were opened and recorded:
SEA-BEE CONSTRUCTION CO. $4, 475. 00
GARAN CO. 4, 200. 00
Mr. Condit moved that the bids be turned over to the Village Manager
for a recommendation at the next meeting. The motion was seconded by Mr.
Davis and carried.
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Opening bids on Golf Course Turf Sweeper,
The following and only bid was opened and recorded:
DeBRA TURF & INDUSTRIAL EQUIP. $2, 595. 00
Mr. Davis moved that the bid be turned over to the Village Manager for
a recommendation. The motion was seconded by Mr. Condit and carried.
Opening bids on Ladies Locker Room carpeting.
The following bids were opened and recorded:
HARRY RICH $3, 356. 00
SURPLUS CARPET CO. 3, 767. 60
Mr. Davis moved that the bids be turned over to the Village Manager for
a recommendation. The motion was seconded by Mr. Condit. Mr. McLeod
asked that available cash or financing be included in the recommendation, and
the motion carried.
Appointment of Local Planning Agency in compliance with
Comprehensive Planning Act of 1975
Mr. McLeod moved that the Miami Shores Village Planning & Zoning
Board be named as the Village Local Planning Agency, to meet the first
requirement of the Comprehensive Planning Act of 1975. The motion was
seconded by Mr. Davis and carried.
Ordinance and Resolution establishing Charter Revision Committee.
An ordinance and resolution were presented by William F. Fann,
Chairman of the Committee to advise the Council on charter revisions, which
were prepared in conjunction with the Village Attorney, to create a Charter
Revision Committee, for proposed revisions to the Village charter, as provided
by the Metropolitan Dade County Home Rule Charter. This ordinance was
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prepared for one reading to be adopted on an emergency basis, in order to
meet the time schedule presented by the March 9th election date. Following a
reading of the ordinance it was passed as an emergency measure and adopted
upon motion made by Mr. Davis and seconded by Mr. McLeod, said ordinance
being entitled:
ORDINANCE NO. 386
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA,
ESTABLISHING PROCEDURE FOR THE DRAFTING OF A
PROPOSED CHARTER, AMENDMENT, REVOCATION OR
ABOLITION AS PROVIDED IN SECTION 5. 03 METRO-
POLITAN DADE COUNTY HOME RULE CHARTER.
A resolution appointing members to this committee was read. After
deletion of the "Village Manager" as a member of this committee since he is
not a resident of Miami Shores the resolution was adopted after motion made by
Mr. Condit, and seconded by Mr. Davis, said resolution being entitled:
RESOLUTION NO. 591
RESOLUTION PURSUANT TO ORDINANCE NO. 386
APPOINTING MEMBERS OF THE CHARTER
REVISION COMMITTEE OF MIAMI SHORES VILLAGE.
Resolution supporting the Dade County Public Schools.
A resolution supporting the Dade County public schools and the Dade
County Council of Parent-Teacher and Parent-Teacher Student Associations
was read and passed by motion made by Mr. Davis and seconded by Mr. McLeod,
said resolution being: RESOLUTION NO. 592.
Consider resolution requested by Dade's Employ the Handicapped
Committee.
It was requested by Dade's Employ the Handicapped Committee that
Miami Shores adopt a resolution establishing a policy for hiring the disabled,
along with the appointment of an Advisory Committee on the Disabled. Mr. Davis
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moved that the Village Attorney be authorized to draw up a resolution with
consideration of Council for appointment of an Advisory Committee. The motion
was seconded by Mr. McLeod and passed unanimously.
Second reading: Ordinance requiring land survey on building
construction or reconstruction
Upon motion made by Mr. Davis and seconded by Mr. McLeod, this
ordinance was passed and adopted on second reading, said ordinance being entitled:
ORDINANCE NO. 387
AN ORDINANCE AMENDING SECTION 904 OF
ORDINANCE NO. 270, BEING THE ZONING
ORDINANCE OF MIAMI SHORES VILLAGE,
SO AS TO REQUIRE SURVEY IN CONNECTION
WITH CONSTRUCTION OR RECONSTRUCTION
OF ANY BUILDING OR EXTERIOR ADDITION THERETO.
Second reading: Ordinance establishing new garbage and
trash collection fees.
Upon motion made by Mr. Davis and seconded by Mr. Condit, this
ordinance was passed and adopted on second reading, said ordinance being
entitled:
ORDINANCE NO. 388
AN ORDINANCE AMENDING ORDINANCE NO. 338
THE SAME BEING SECTION 10-22, ARTICLE II
OF THE MIAMI SHORES VILLAGE CODE OF
ORDINANCES IN REGARD TO GARBAGE AND
TRASH COLLECTION FEES.
Request by the administration for policy clarification on prices at
the Country Club charged to Miami Shores organizations for
banquets and other functions held in the club house.
A report was received from the Village Manager asking for policy
clarification on Village organizations asking for "discounts" on food, beverages
and entertainment for certain occasions. Mr. Peace attached a report from
the Club Manager in which the Club Manager reviewed his policy of stabilizing
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prices for all organizations. Discussion arose as to whether outside groups
should pay more, or Shores groups pay less by some discount or consideration
for special functions. Mr. Davis pointed out that these Shores groups make
contributions of time and money to this community and he felt they should be
given a discount at 10% suggested. Mr. McLeod was of the opinion that all clubs
should be at the same rate except in cases of Village sponsored functions or
banquets. Mr. Condit moved that a price be set for everybody without special
discounts given to any groups inside or outside the Shores. Mr. Davis seconded
the motion for discussion. Profit and loss on the dining room was brought up in
regard to giving special discounts and also how it could affect volume sales.
Mayor McIntosh added that the true aspect of a country club is to give people
better service and better quality for less money than they can get elsewhere, and
that's what makes a country club. Upon vote the motion failed on a tie vote with
Messrs. Davis and McIntosh dissenting.
The Mayor then suggested that the Council proceed within the next two
weeks and come up with suggested names for a committee and breakdown of
a committee organization for the Country Club, setting forth rules and regulations
and then let the Board make these decisions.
Mr. McLeod then brought up the draft of an ordinance prepared by the
Village Attorney creating a Country Club Advisory Board and moved that the
ordinance be advertised for first reading on December 2nd. This motion died
for lack of a second. Mr. Davis then moved that a work shop meeting be
scheduled for November 25th at 7:30 to discuss the proposed ordinance. The
motion was seconded by Mr. Condit and passed unanimously. The Mayor
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instructed that everyone connected with the Country Club be notified.
In regard to the Club Manager's question of furnishing music for certain
groups, Mr. Davis moved to table any decision until the work shop meeting.
The motion died for lack of a second.
Bills for the month of October.
Upon motion made by Mr. Condit and seconded by Mr. McLeod, the bills
for the month of October were approved as presented.
Village Manager's report.
Mr. Peace reported that he had received word that the Presbyterian
Church is still interested in pursuing the matter of closing Park Drive and
would like to meet with the Council. This meeting was set for Wednesday,
December 3rd at 7:30 p. m.
Village Attorney's report.
(1) Mr. Lund reported, in regard to the new tort liability law con-
cerning municipalities, that he agreed with our Insurance Committee, that we
should carry maximum lability coverage until the law is tested in court.
(2) Concerning licensing of businesses on 24 hour operation, Mr. Lund
stated that we cannot increase the license fees over those passed in 1972, but
could pass a regulatory license, or simply limit the hours of operation which
he recommended. Mr. Davis moved to follow through with this recommendation
that the Village Attorney with the Chief establish limited hours of operation.
The motion was seconded by Mr. McLeod and passed 3/1 with Mr. Condit opposing.
(3) Door to door solicitations - Mr. Lund reported that we presently
have a solicitation ordinance in our code but there is a question of enforcement
and personal requirements that might violate civil rights. He recommended
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that we proceed to rewrite an ordinance that can be enforced. It was moved
by Mr. Davis, seconded by Mr. McLeod and passed, that the Village Attorney
and Chief of Police proceed to do whatever is necessary to rewrite and strengthen
the solicitation ordinance now on the books.
(4) In regard to the Coral Gables resolution concerning tax assessments
Mr. Lund stated that without background facts and figures we cannot draw up a
similar resolution. Mr. Condit moved that we drop the proposal to pass a
resolution to the State Legislature on taxation. The motion was seconded by
Mr. McLeod and passed unanimously. This will be pursued at the beginning of
the next tax year with the assistance of Councilman McLeod and information
furnished by residents who have filed protests with the County Tax Assessor's
office.
Mayor McIntosh made two announcements: that the Council had a copy of
the letter to the County Manager asking them to vacate our court room as of
January 1, 1975, pursuant to a motion made by Council at the last meeting; and,
that we had received a report from the County Manager in answer to a letter
written by Chief Fletcher, that the up-dating of the traffic light at 96th St, and
Biscayne Blvd. will be completed no later than March of 1976.
Mayor McIntosh also reported that the County, at our request, had deeded
a small piece of alley (which they had acquired through Tax deed) to Miami
Shores for $1. 00.
Announcement was made of the meeting to be held on Wednesday, Nov. 19th,
at 8:00 p.m. , at the request of the P. B. A.
The meeting adjourned at 9:10 p, m,
APVED: Village Clerk
�7tL_'J/ �l
Mayor