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04-20-1976 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL April 20, 1976 The regular meeting of the Miami Shores Village Council was held at 7:30 p.m., April 20, 1976, at the Village Hall, with the following Council— men 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 Rev. Matthew Kerestes, Advent Lutheran Church, followed by the Pledge of Allegiance. Upon motion made by Mr. Claussen, seconded by Mr. Davis and carried, approval was given to hear the Village Manager's report following disposition of the minutes, so that Mr. Andersen would be able to leave for the airport to attend the City and County Managers conference in Orlando. The minutes of the meeting of April 69 1976 were approved by motion made by Mr. Claussen, seconded by Mr. Davis and carried. Village Manager's report. (a) Mr. Andersen stated that he had had a meeting with John Green of the County Manager's office and Don Blatt, Chief of Public Services Division, to discuss the inspection station agreement which expires September 30 of this year. Because the County will not have a replacement station opened before April of 1977, they would like our agreement extended for approximately six months. Remuneration for use of the property appeared to be out of the question. Mr. Andersen recommended a six months' extension on the inspection station lease agreement. Mr. McLeod suggested that the zoning on the property be clarified before the end of the lease term and moved to refer the negotiation back to the -2- 4/20/76 Village Manager for further consultation with the County and upon agreement on the zoning that we consider the extension of the lease as acceptable. The motion was seconded by Mr. Davis and carried unanimously. (b) Traffic surveys - The County traffic engineer has made surveys of all our intersections and will make recommendations. (c) Fire station site - considering areas. (d) Improvements to 103rd St. and 17th Avenue by the County. The County is requesting a 15 ft. street dedication on 103rd St. and 5 ft. on 17th Avenue for widening and paving. Mr. Andersen requested additional information on this project before making a recommendation to Council. (e) Citizens' petition - drawn up by the Committee for the Disabled requesting that the Mayor and Council sign, along with Village employees, to be forwarded to Washington for legislation to provide equal rights and guarantees for the disabled. (f) Mr. Andersen met with Mr. David Lapham of Peoples Gas System who accepted the Village's decision not to renew the gas franchise and confirmed the fact that the Shores residents receiving gas service would continue to do so, that the company would accept liability, and if there was a demand for service the company would be willing to extend the lines. (g) A meeting was held with First State Bank officials to discuss re-writing the loan on the Recreation building and a lower rate of interest was offered by that bank. Mr. Andersen stated he would also talk to other banking facilities. In regard to the Citizens' Petition for the Disabled, Mr. Davis moved that it be approved. The motion was seconded by Mr. Condit and passed 4/1 with Mr. Claussen dissenting. (h) Mr. Andersen further reported on delivery of new police cruisers, advertising for a new Club Manager, and attendance at the City and County Mana- gers meeting in Orlando. He also stated that he is working on new budget request -3- 4/20/76 forms, departmental purchasing and requisition policy, employee evaluations program, personnel rules and regulations. Mr. Condit asked the Manager to work out a budget schedule and pre- sent it to Council. Appointment of Village Attorney. Mr. Davis moved that Mr. William F. Fann be named as the new Village Attorney for the remaining term of Mr. Lund to be effective May lst. The motion was seconded by Mr. Claussen and upon a call vote it was passed unani- mously. Appointment of Council representative to the Dade League Board of Directors. Mr. Claussen moved that Mr. Davis be named to this Board. The mo- tion was seconded by Mr. McLeod and carried. As an alternate, Mr. Claussen moved that Mayor McIntosh be named. This motion was seconded by Mr. Condit and carried. Appeal of John Militana on sign at 8801 Biscayne Blvd. Mr. John Militana was present to make an appeal of the Planning & Zoning Board decision that the sign be removed. He stated that he had not been notified of the meeting at which the Board would take action and asked that it be sent back to the Board so that he could further argue his case. Mr. Claussen moved that the sign be sent back to the Planning Board for reconsideration based upon the reasons set forth by Mr. Militana. The motion was seconded by Mr. Davis and passed 4/1 with Mr. McLeod dissenting. Bills - April 6 thru April 20, 1976. Upon motion made by Mr. Claussen, seconded by Mr. Davis, the bills were unanimously approved. Committee reports. Park Committee, - Mr. Condit reported that his committee had held two meetings and recommended to the Village Council that the parks between 93rd and -4- 4/20/76 n 0 Ft 94th Streets on both sides of N. E. 2nd Avenue be named the Miami Shores c� >k A Memorial Park and that the monument at the Village Hall be moved to a suit- m a able place in the park. Mr. Shuflin, architect, has been asked to make a recommendation on placement of the monument and a plaque dedicating the park. 011 C+ Mr. Condit then moved that the Council approve the recommendation of the com- 0 mittee and name the parks the Miami Shores Memorial Park. The motion was seconded by Mr. Davis and carried. Mr. Condit further reported the cost of • 01 moving the monument would be $125.00 plus the cost of a bronze plaque and 0 0 moved that a total of $500.00 be approved for this purpose. The motion was seconded by Mr. Davis. It was further stipulated that the Miami Shores Woman's as Club, who donated funds for the monument, be consulted on its move. The motion fD was then passed unanimously. M 0 Memorial Day Program Committee - Mr. Davis reported that his com- mittee had met and proposed the following: that the Mayor be guest speaker, K that $750.00 be appropriated for printing, posters, small flags, etc., that there be a color guard and band. Mr. Davis then moved that $750.00 be appro- priated for this committee, from the contingent fund. The motion was seconded by Mr. Condit and unanimously carried. Fire Station property committee - Mr. McLeod moved that the Village Manager be instructed to locate and negotiate for a site for a fire station within the limits of this year's budget. The motion was seconded by Mr. Davis and passed unanimously. Village Attorney's report. Garage Sales - After reviewing the proposed ordinance regulating garage sales Mr. Claussen moved that it be prepared for first reading at the next meeting. The motion was seconded by Mr. Davis and passed 4/1 with Mr. Condit dissenting. Local Planning Agency - The ordinance, as prepared by Mr. Lund, naming the Miami Shores Planning Board as Local Planning Agency, in compliance with -5- 4/20/76 the Comprehensive Planning Act of 1975, was approved as to form by motion made by Mr. Davis, seconded by McLeod and carried. (c) Amendment to lot cleaning ordinance - Mr. Lund reported that he had not written this up and Mr. Claussen moved that it be referred to Mr. Fann. The motion was seconded by Mr. Davis and carried. Mr. Lund reported that he had met with the attorneys for the Miami- Dade Water & Sewer Authority, on the 6N quarterly hydrant charge on water bills and they agreed there should be some adjustment, inasmuch as 45� of the charge is for operation and maintenance of hydrants which should not be charged to the Village according to our fire/merger agreement. They will make a recom- mendation to the Director and we will see what happens. Mr. Lund further reported that he had received a check from the Ryder System for $801.99 in settlement of our claim in the accident of Officer Vitt and asked for approval of this settlement and execution of a release. Mr. Claussen moved that the check be accepted and the Mayor authorized to sign the release. The motion was seconded by Mr. Davis and passed unanimously. Mr. Lund thanked all the Village officials for their assistance while he served as Village Attorney. Village Clerk - correspondence (a) A letter was received from the Dade-Monroe Lung Association, calling attention to a County ordinance restoring strict sulfer dioxide standards. Further action by the Council was tabled by motion made by Mr. McLeod, seconded by Mr. Condit and carried. (b) A resolution was received from the City of South Miami asking support of the Governor's petition for legislation to require full financial disclosure by public officials. Action was tabled by motion made by Mr. Claussen, seconded by Mr. McLeod and passed 3/2 with Mayor McIntosh and Councilman Davis dissenting. (c) A resolution was received from Biscayne Park requesting support -6- 4/2076 for a second major campus of Florida International University in the North Dade-South Broward area. Action by Council was tabled upon motion made by Mr. Claussen, seconded by Mr. McLeod and passed 3/2 with Mayor McIntosh and Councilman Davis dissenting. Councilman Condit brought up a motion that was passed at budget time, requesting the PBA to brief the Council on why certain items are in- cluded in their contract. It was decided that Mr. Condit get together with Mr. Andersen and the Chief for a work shop, with the Village Attorney. Mrs. Grace Pericello, 10414 N. Miami Ave., complained about one of her neighbors, who did construction work at all hours. A discussion followed on whether or not we have an ordinance establishing permitted construction hours. The meeting adjourned at 8:50 p.m. Village Clerk APPROVED: yor