11-21-1978 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
November 21, 1978
The regular meeting of the Miami Shores Village Council was held on
November 21, 1978, 7:30 p.m., at the Village Hall, with the following Council
members present:
Mayor Joseph P. Farina
Ralph E. Bowen
Donald W. McIntosh
W. Al Davis
Mrs. Elspeth Jensen
Mr. 0. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr.,
Village Attorney, were also present.
The meeting was opened with an invocation given by Elder John S. Mikell,
of the Miami Primitive Baptish Church, followed by the Pledge of Allegiance.
Concerning the minutes of November 7, 1978, Mr. Davis moved approval
with the addition of the word "not" in his motion recorded on the bottom of Page 2.
The motion was seconded by Mrs. Jensen and carried.
Planning Board minutes - November 9, 1978.
The question of approval of lot areas in the Weeks Subdivision was
brought up. The lots in this subdivision were approved for single family homes,
as platted, with areas under 7500 sq. ft., by a former Village Council, in order
to develop the Boulevard property with single family homes. The Planning Board
confirmed the building sites in answer to an inquiry about building on one of
the lots in this subdivision. Mr. Bowen moved that the action of the Planning
Board be approved with respect to the lots in the Weeks Subdivision for single
family homes. The motion was seconded by Mr. McIntosh but defeated by a 1/4
vote.
Upon advice of the Village Attorney the Council was directed to consider
each variance when a building permit is requested.
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Mrs. Jensen asked about the masonry construction question that was
brought before the Planning Board. After discussion of code interpretation in
this regard the Village Attorney advised that it was the prerogative of the
Building Official and Village Manager to decide the issues, with the Planning
Board as an appeal board.
Mr. Bowen asked about the status of the Certificate of Occupancy on the
new house at 93rd Street and Biscayne Bay (which was to be withheld pending an accept-
able color of paint). Mr. Ackley reported that the Spear house (the one in
question) had not been given a Certificate of Occupancy as. yet.
Bid opening - Removal and Remounting of four trash/garbage bodies.
Bids were opened and recorded as follows for the transfer of garbage
and trash bodies from Dodge trucks to International trucks:
FRUEHAUF DIVISION, Fruehauf Corp.
TOM WOOD Equipment Corp.
$4,372.00
3,950.00
The bids were referred to the Village Manager for tabulation and a
recommendation at the next meeting.
Award bid on tractor and tractor/loader.
Based on a recommendation of the Golf Course Superintendent, Mr. Ackley
asked approval of the bid of MEDCO INTERNATIONAL TRACTOR in the amount of $10,189.00
with trade-ins, or in the event we can get more for the trade-ins, for $13,120.00.
Mr. Davis moved approval of the Manager's recommendation and acceptance of the
MEDCO INTERNATIONAL TRACTOR bid. The motion was seconded by Mr. McIntosh and
carried unanimously.
Kiwanis Club Barbecue.
A request was made by the Kiwansi Club of Miami Shores to suspend food
service in the Club House on the night of the Kiwanis Barbecue, February 22, 1979.
Mr. Bowen moved that the request be approved. The motion was seconded by Mr. Davis
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and passed unanimously.
Ordinances:
(a) CABLE TELEVISION FRANCHISE - Mr. Bowen moved adoption of
the ordinance on second reading. The motion was seconded by Mr.
Davis. Mr. Ackley emphasized that the franchise fee is not a
regulatory fee as established by the F.C.C., it is a fee for use of
the public right-of-way. The ordinance was then passed and adopted,
same being entitled:
ORDINANCE NO. 407-78
AN ORDINANCE OF MIAMI SHORES VILLAGE PROVIDING
FOR THE CONSTRUCTION, OPERATION, REGULATION AND
CONTROL OF CABLE TELEVISION SYSTEMS WITHIN ITS
TERRITORIAL LIMITS, AUTHORIZING EXCLUSIVE
FRANCHISES; PROHIBITING UNAUTHORIZED CONNECTIONS;
AND PROVIDING METHOD OF ENFORCEMENT.
(b) GARBAGE AND TRASH COLLECTION FEES - After adding a 10% surcharge
for collection and disposal of surgical and pathological waste, Mr.
Davis moved that the ordinance as amended be approved. The motion was
seconded by Mrs. Jensen and the ordinance was unanimously passed and
adopted, same being entitled:
ORDINANCE NO. 408-78
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, AND REPEALING
ORDINANCE NO. 388.
Appointment of Charter Revision Committee.
The following list of nominations
Council members and by volunteers:
Monty Atwater
Lawton McCall
Jon McLeod
Osmond Howe
W. H. Walker, III
Robert Davis, Jr.
Mel Roberts
for Committee members was made by
Mrs. Kay Hagearty
Mrs. Mildred Sayers
Mrs. Georgeen Spragg
Mrs. Roberta Johnson
Mrs. Julie Williamson
Mr. Bill Hayes
Mrs. James Hyre
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11/21/78
Discussion followed as to the number of nominations to be made by
each Council member and size of the committee. Mr. Davis moved the resolution
appointing these people be approved. The motion was seconded by Mr. McIntosh and
the resolution passed 4/1 with Mr. Bowen dissenting because he felt the nominations
should be limited to two for each Council member. Said resolution being entitled:
RESOLUTION NO. 659-78
A RESOLUTION PURSUANT TO ORDINANCE NO. 386 APPOINTING
MEMBERS OF THE CHARTER REVISION COMMITTEE OF MIAMI
SHORES VILLAGE.
Village Manager's report.
1. Request for complimentary social membership by Mr. & Mrs. Henle,
and for Leonard Usina. No action taken.
2. Tractor & tractor/loader bid recommendation.
3. Bids sent out on exdhange of two garbage bodies, two trash bodies.
4. Reported on alley clearing project.
5. Request from Broadcast Music, Inc. for fee to play copyrighted
music. No action taken.
6. Requested newspapers to remove vending machines from sidewalks.
7. Reported on Country Club Saturday night dinners, membership
cards, and Thursday night opening for all residents.
8. Mr. Tatcher, 79 N. W. 92nd St., reported on a garbage collection
company in Pa. that could pick up our garbage for less than we pay.
Company name to be provided by Mr. Tatcher.
9. Announced Youth Recognition Banquet.
10. Election costs and Judges to be presented at next meeting.
11. Authorization to purchase ice machine for Public Works Dept.,
on state contract; funds to be taken out of Public Works budget.
12. Requested authorization to purchase six radios for Public Works
personnel and Village Hall at cost of $1,000.00. It was requested
by Councilman Davis that this be put on the agenda for the next
Council meeting, (walkie-talkie radios).
Council.
Mrs. Jensen reported that she had attended the public hearing on
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Quayside's latest plans for development and felt the Village should voice
objection on behalf of the people on 105th Street. Mrs. Jensen also stated that
as a member of the Dade League Legislative Committee, she would ask that the State
Legislative program include regulation of school zone speeds and regulation of
the transportation of hazardous and dangerous materials.
Mr. McIntosh asked how the Council is going to act on airing facts on
the referendum election. Mr. Fann advised that the Council could not spend tax-
payers' money on diseminating information against the question that has been
proposed by the taxpayers.
Mr. Bowen reported that he will not be present at the meeting of
December 19th. He also discussed the difficult situation that is being forced
on the owners of the property in the Weeks Subdivision by requiring each prospective
buyer or developer to secure a variance on a piece of property before he buys it.
Mr. Davis proposed new signs that would be furnished for the entrances
to Miami Shores with the name on the bottom of Adele Khoury Graham.
Mayor Farina reported that the State Attorney's office had confirmed
that the Council was not in violation of the Sunshine Law by holding a private
labor negotiation meeting, (as previously accused by Mr. George Perrine).
The meeting adjourned at 9:45 p.m.
Village Clerk