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
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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
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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
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94th Streets on both sides of N. E. 2nd Avenue be named the Miami Shores
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Memorial Park and that the monument at the Village Hall be moved to a suit- m
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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.
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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 •
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moving the monument would be $125.00 plus the cost of a bronze plaque and 0
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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
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Club, who donated funds for the monument, be consulted on its move. The motion fD
was then passed unanimously. M
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Memorial Day Program Committee - Mr. Davis reported that his com-
mittee had met and proposed the following: that the Mayor be guest speaker,
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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
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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
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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:
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