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11-16-1976 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL November 16, 1976 The regular meeting of the Miami Shores Village Council was held at 7:30 p. m. , November 16, 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 Abs ent: None Mr. Earl K. Andersen, Village Manager, and Mr. William F. Fann, Jr. , Village Attorney, were also present. The meeting was opened with an invocation given by Mr. Roy Abagnale, followed by the Pledge of Allegiance. Minutes of the meeting of November 2, 1976, were approved as written by motion made by Mr. Condit, seconded by Mr. Davis and carried. Planning Board recommendation on Quayside Subdivision annexation. Mr. McLeod moved that the Planning Board minutes of November 11, 1976, be approved as written. Mr. Condit seconded the motion and it was passed 4/1 with Mr. Claussen dissenting. The recommendation received from the Board approving annexation of the Quayside Subdivision was then discussed. A proposed resolution prepared by the Village Attorney approving the annexation of the Quayside Subdivision and requesting the County Commission to subsequently approve the annexation, was read. Mr. McLeod moved that the resolution be adopted as written. The motion was seconded by Mr. Condit. Mr. Davis asked to amend the resolution to call 11 /16/76 for a referendum but Mr. McLeod would not accept the amendment. Mr. Claussen moved that a referendum be called. This motion failed for lack of a second. Concerning questions as to Village charter requirement for a refer- endum, Mr. Fann stated that he had submitted his opinion on this question and it was, that we are governed by the Metro charter. Mr. Fann's report to Council on annexation procedures dated August 13, 1976, was read. Mayor McIntosh stated that he thought this annexation would be beneficial to this Village dollarwise and incomewise and felt he had the right to vote on it as a representative of the Miami Shores voters. Mr. McLeod stated that the Planning Board had considered all the objections that were voiced at the public hearing and answered with a favorable and unanimous recommendation to the Council. Mr. Condit stated that he had talked to a lot of people who could see nothing wrong with this annexation and adding up the pluses and minuses he felt the pluses were ahead. Mr. Davis stated that he believes in this annexation and that Miami Shores is going to need the tax revenue in the next couple of years. After discussion and arguments by citizens, a roll call vote was taken with the following results; Mr. McLeod Yes Mr. Condit Yes Mr. Davis Yes Mr. Claussen No Mr. McIntosh Yes The motion to approve the resolution passed by a 4/1 vote, with Mr. Claussen dissenting, said resolution being; 11/16/76 -3- RESOLUTION NO. 617 A RESOLUTION APPROVING AND REQUESTING ANNEXATION OF QUAYSIDE CONDOMINIUM AS A PART OF MIAMI SHORES VILLAGE. Authorize bid requests for a Data Processing System. Village Manager Andersen reported that Coopers & Lybrand had been engaged to write bid specifications for a data processing system which have been received and reviewed, and are ready to be sent out, upon Council authorization. Mr. Claussen moved that the Council grant authorization to send out specifications for bids on a data processing system. The motion was seconded by Mr. Condit and passed unanimously. Zoning change request on Village owned inspection station property. Mr. Andersen requested authorization to initiate a zoning change with the County on that part of the Village property at 103rd St, and 17th Ave. , presently being used for an auto inspection station. He stated that the County will shortly be vacating this building on which there is a special zoning use for the inspection station, and that we propose to tie this building into our overall operation. Mr. Claussen moved that the Council authorize this action. The motion was seconded by Mr. McLeod and unanimously carried. Ordinance on revised Building Permit Fees - second reading. Following the second reading by title only, Mr. Condit moved approval of the ordinance on revised building permit fees. The motion was seconded by Mr. Davis and upon vote was unanimously passed and adopted, said ordinance being; ORDINANCE NO. 396 AN ORDINANCE AMENDING AND RE-ENACTING THE PROVISIONS OF ORDINANCE NO. 287 OF MIAMI SHORES VILLAGE, ADOPTING THE SOUTH FLORIDA BUILDING CODE AS THE BUILDING CODE OF MIAMI SHORES VILLAGE AND FOR OTHER PURPOSES. 11 /16/76 -4- Policy on Country Club accounts receivables. Village Manager Andersen presented a proposed policy for the handling of accounts receivables at the Country Club. This policy included (1) credit reports, (2) accounts receivables, (3) membership dues, (4) civic functions, and (5) private functions. Mr. Condit moved that the policy be adopted as written. The motion was seconded by Mr. McLeod and unanimously carried. Policy on Country Club complimentary memberships. The proposed resolution defining Country Club usage by elected and appointed officials of Miami Shores Village, was read. Mr. Condit moved that it be tabled for the time being. The motion was seconded by Mr. Claussen and voted as follows; Mr. McLeod No Mr. Condit Yes Mr. Davis No Mr. Claussen Yes Mr. McIntosh No The motion to table failed to carry. Mr. McLeod moved adoption of the resolution as read. Mayor McIntosh relinquished the chair and seconded the motion. Mr. Davis stated that he wanted all memberships for other than Council to be eliminated and that the Council be given family memberships while they are in office and after for the years they have served, with golf carts. Mr. Fann, Village Attorney, pointed out that according to the charter the Council cannot award itself anything over and above $1. 00 a year. Mr. Davis argued that he had checked with the Ethics Committee and he did not believe it was in conflict. 11/16/76 -5- After further discussion Mr. Davis moved an amendment to paragraph one, that each Council member serving would receive a free membership to the Country Club for the time that he serves and an equal number of years after he leaves office, and receive golf cart privileges as well. The motion was seconded by Mr. Claussen and carried 3/2 with Mr. McLeod and Mayor McIntosh dissenting. Mr. McLeod further questioned the Village Attorney on this action and Mr. Fann repeated that it is in conflict with the Charter but if the Council takes the action it stands until challenged. He pointed out it is not a question of ethics but a question of legality. Concerning paragraph 2. (Planning & Zoning Board members), Mr. Davis moved that item two be eliminated from the resolution. The motion failed for lack of a second. The other paragraphs were considered as follows: Paragraph 3. - to remain as presented. Paragraph 4. - to remain as presented. Paragraph 5. - to remain as presented. Paragraph 6. - to remain as presented. The Mayor called for the question on the resolution as amended which carried 4/1 with Mr. McLeod dissenting. Clarification of Country Club family membership definition. The Village Attorney drafted three amendments on this subject for Council consideration. Mr. Claus sen moved that Amendments B and C be approved. The motion was seconded by Mr. Davis and unanimously passed. The approved amendments are as follows: Amendment B. The family membership shall extend membership privileges to the children of the member who are not more than 17 years of age and who reside with the member. Said family member- ship shall likewise extend membership privileges to the spouse of the member, if residing with the member, and in the event the member is unmarried, said membership privileges shall extend to one other 11 /16/76 -6- Amendment B.contd. adult residing with the member and related thereto within the second degree. Amendment C. The use of Country Club facilities by minors shall be subject to limitations and regulations promulgated by the Village Manager. Request from Recreation Committee in regard to a Soccer field. Dr. Camp, representing the Committee, petitioned the Council for a modification to Block 107 to provide area for an additional soccer field, involving removal of 9 ficus trees and moving the parking bumpers 15 ft. to the west. A complaint had been voiced by Mr. & Mrs. Paul Engelke, 750 N. E. 101st St. , the property owner across the street from the area. Mr. McLeod suggested that this request be directed to the Planning & Zoning Board for a public hearing with notification to the residents. Mr. Claussen moved that the nine trees be removed and the parking areas re-located as requested. The motion was seconded by Mr. Condit and carried 4/1 with Mr. McLeod dissenting. Bills - Nov. 3 thru Nov. 16, 1976. The current bills were approved as presented by motion made by Mr. Condit, seconded by Mr. Davis and passed unanimously. Village Manager's report. Mr. Andersen reported that; (1) The 15 new golf carts have been received. (2) Fidelity bond applications have been completed on employees handling cash. (3) Letters have been sent to the civic clubs concern- ing a Beautification Committee. (4) Letters have been sent to residents on N. W. 103rd St. , 2nd Ave. and 6th Ave. where County sidewalks have been proposed. (5) The Special Master hearing on the PBA negotia- tions has been held. Notification will be sent the Council when a reply is received. 11/16/76 -7- Mayor McIntosh read a proclamation he had drafted for inclusion in the time capsule project sponsored by the North Miami Bicentennial Committee. It was unanimously approved by the other members of the Council. The Mayor reported that a law suit had been filed in Circuit Court by two Village property owners, Hansford Tyler and Kemp A. Maser for a declaratory judgment on the operation of the Country Club. Mr. Frank Holt asked the Council if they had considered a resolution honoring the late M. E. Reynolds, former Mayor and Councilman. The Council directed that an appropriate resolution be written. The meeting adjourned at 8:55 p.m. Village Clerk APROVED: Mayor