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04-06-1976 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL April 6, 1976 The regular meeting of the Miami Shores Village Council was held at 7%30 p.m., April 69 19769 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. Earl K. Andersen, Village Manager, and Mr. Richard Lund, Village Attorney, were also present. The meeting was opened with an invocation given by Mr. Michael Khoury, General Manager of the Chamber of Commerce. The first business of the evening was the presentation of a plaque to the Village by the Fire/Rescue Department, received as a token of appreciation for their services and support of the Muscular Dystrophy drive. Mayor McIntosh called attention to the recent tragedy involving the death of three Metro Police Officers and asked for a motion to approve the dona— tion by Miami Shores Village of $750.00 to the fund established for the families of the Officers. This was approved by motion made by Mr. Davis, seconded by Mr. Claussen and passed unanimously, with the expense to be charged to the con— tingency account. Minutes of the meeting of March 16, 1976, were approved as written by motion made by Mr. Condit, seconded by Mr. Davis and passed. Planning Board minutes. At the last meeting of the Planning Board, Mr. Bradford was directed to inform the law firm of Militana, Militana & Militana, 8801 Biscayne Blvd., that the free—standing sign, erected without permit, must be removed. Mr. John Militana had requested that this item be put on the agenda for the Council I -2- 4/6/76 meeting so that an appeal can be made. Mr. Militana was not present. The item was deferred until the next meeting. The Planning Board also recommended that the Village advertise for an architect, or engineer, to "provide the feasibility study for the Miami Shores maintenance facility property as outlined- in the scope of work prepared by the Planning Board." Mr. McLeod moved that this be turned over to the Village Man- ager to carry out what is necessary for advertising. The motion was seconded by Mr. Condit and passed unanimously. Country Club Administrative Board report. Mr. Andersen reported that Mr. Blue apologized for not having the re- port ready for this meeting, but that it would be available in the Manager's office tomorrow. Mr. McLeod moved that action be deferred until the next Council meeting. The motion was seconded by Mr. Condit and carried. Request by School for Learning to continue operation in Christian Church at 10150 N. E. 2nd Ave. It was the Village Manager's recommendation, after reviewing the ordi- nance on private schools in churches, that the limitations imposed by the ordi- nance should be maintained, with any extensions over the 5-year limit, granted on a year-to-year basis. Mr. Claussen moved that the Council allow this school to continue for one more school year in the Christian Church. Mr. McLeod second- ed the motion and it was passed unanimously. Florida East Coast Railway Co. crossing improvements. Mr. Andersen, Village Manager, made a report on a letter from the F.E.C. dated March 26, 19769 concerning the re-building of the R.R. crossing at 96th Street and two crossings on the golf course, which the Village is obligated to maintain completely, or, as the 96th Street crossing, only the sidewalks. Dis- cussion followed as to cost of paving if contracted by the Village. Mr. Davis moved that Mr. Claussen get together with Mr. Andersen on estimating this work -3- 4/6/76 and report back to the Council. The motion was seconded by Mr. McLeod and passed unanimously. Peddlers and solicitors ordinance. Mr. Lund, Village Attorney, reported that in reviewing our peddler's ordinance, had learned that it was patterned after the Model City ordinance. However, he did point out that it did not cover soliciting orders for merchandise to be delivered at a later date. Mr. Lund further stated that the ordinance could be enforced by the Police Dept. if they observe the activity. Mr. Claussen moved that the Police Dept. be more observing and enforce the ordinance. The motion was seconded by Mr. Davis and carried unanimously. The increasing business of garage sales was discussed and Mr. Davis moved that we implement an ordinance on garage sales. The motion was seconded by Mr. McLeod and passed 4/1 with Mr. Condit dissenting. Gas Franchise. Mr. Andersen reported that he was advised by the Public Service Com- mission that: (a) Should Council not grant the gas franchise that every resident utilizing said utility would continue to receive said service. (b) If the franchise were not granted the Peoples Gas System would continue to be liable for damages involving said gas distribution system. (c) That in granting said franchise the Peoples Gas System would be required to extend the gas service to serve residents of the Village with a fair and equitable charge for same. Mr. Claussen moved that the Village not renew the gas franchise at this time. The motion was seconded by Mr. McLeod and passed unanimously. Resolution approving Burglary/Robbery Control Grant application. A resolution was read approving an application for an LEAA grant to fund a burglary/robbery control team for Miami Shores including a pledge by the Village of $29928.00, with matching funds by the State of Florida, and -4- 4/6/76 LEAH funds in the amount of $52,704.00. Upon motion made by Mr. Claussen and seconded by Mr. McLeod, RESOLUTION NO. 607 was unanimously passed and adopted, same being entitled: A RESOLUTION AUTHORIZING APPLICATION THROUGH DADE COUNTY CRIMINAL JUSTICE PLANNING UNIT FOR THE ESTABLISHMENT AND PROVISIONING OF A BURGLARY/ROBBERY TEAM FOR THE MIAMI SHORES POLICE DEPARTMENT. Committee for Memorial Day Program. At the suggestion of Mr. Davis, Mr, Mel Roberts was asked to chair this committee, which he agreed to do, assisted by Councilmen Davis and Condit. Report on N. E. 2nd Avenue. Mayor McIntosh reported that after meeting with the Miami Dade Water & Sewer Authority, it appears they are continuing on the sludge line as planned. Mr. McIntosh wanted to reaffirm the Council's attitude on proceeding further. He stated he thought the only thing left was to file a law suit; no damages are going to be given Miami Shores without giving them to other areas in the same position. Mr. Condit moved that the Council leave this in the hands of the Mayor. The motion was seconded by Mr. Davis and passed. Bills - March 17, 1976 thru April 6s 1976. Upon motion made by Mr. Condit, seconded by Mr. McLeod, and passed, the bills were approved as presented. Village Manager's report. Concerning alley clearing, Mr. Andersen presented a proposed amend- ment to the Lot Cleaning Ordinance No. 34, to make it j "unlawful for any owner or owners of lots, parcels and tracts of land within the Village to permit naturally grown fences, such as hedges, plants, trees, and other natural vegetation to extend over or upon any public way." Mr. Davis moved that an ordinance be written on this subject for first reading at the next meeting. The motion was seconded by Mr. McLeod and passed unanimously. -5- 44/6/76 Mr. Andersen reported that he had met with Mr. Hayes, Senator Chiles• aide, to discuss the sludge line, and was assured that it would be taken back to the Senator. Village Attorney's report. Concerning the note on the Community Center, Mr. Lund reported that we do have the right of prepayment, without penalty if we wish to negotiate for a new loan. Mayor McIntosh felt the present interest rate of 5.8 could be low- ered on a new loan. Mr. McLeod moved that the Council authorize Mr. Andersen with Mr. Lund and Mr. Glaid, to check with various lending institutions on a new loan and report to the Council on the 20th. The motion was seconded by Mr. Davis and carried. Mr. Lund reported in the Vitt accident case that the Ryder Company made a final offer to settle our claim ($1336.00) at 60% which he recommended be accepted. Mr. Davis moved that the Council approve the 60% offer from the Ryder Company. The motion was seconded by Mr. McLeod and carried. Concerning the Singles Group whose initial claim was for $3500.00, Mr. Lund advised that they will accept a settlement of $1700.00, which he re- commended be taken. Mr. Davis moved that the Council approve the $1700.00 settlement. The motion was seconded by Mr. Condit and carried. Mr. Lund was asked to send a memo to the Administrative Board to eliminate a similar occur- rence in the future. Mr. Lund then read his resignation as Village Attorney which was re- luctantly submitted because he could not devote the time and attention to the position, which he considered necessary to effectively serve the Village. Mr. Claussen moved that the resignation be accepted with regrets. The motion was seconded by Mr. Davis and carried. Village Clerk - correspondence. (1) The Chamber of Commerce extended an invitation to the Council -6- 4/6/76 to attend their luncheon on Friday, April 9, 1976. (2) A statement was made by Mayor McIntosh before the Aviation Sub- committee on noise, registering complaint of the noise problem from aircraft over Miami Shores and suggesting some change in the flight patterns. (3) A certificate was received from the State Industrial Safety Dept. indicating that the following employees had successfully completed a course in Occupational Safety and Health as prescribed by the Bureau of Workmen's Compen- sation: Henry Boliek, Al Bryant, Libby Buckley, Edgar Hicks, Juan Lauzardo, John Moore, and Hal Petrey. (4) A letter was read from Sister Trinita, President of Barry College, commending Patrolmen Young, Sams, and Manos of the Miami Shores Police Depart- ment, for exemplary police work. (5) A request was made by the United Nations Assoc. for a community U. N. Chairman. Mr. McLeod accepted this assignment. (6) An invitation was extended by the Greater Miami Chamber of Com- merce for the Council to attend a Career Education America luncheon on Tuesday, April 139 1976. The Mayor and Councilman McLeod tentatively accepted. Mr. Davis stated, in connection with Mr. Lund's request, that he felt the Council should have a special meeting to present names for a new attorney and asked that April 13th at 7:30 p.m. be set as the date for this purpose, which was agreed upon. Mr. Davis received complaints about the speeding on N. E. 12th Ave. and moved that the Village Manager contact Metro Traffic & Transportation for signs. The motion was seconded by Mr. McLeod and carried. The meeting adjourned at 9:00 p.m. Village Clerk APP :4 k__ Mayor