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12-04-1979 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL December 4, 1979 The regular meeting of the Miami Shores Village Council was held on December 4, 1979, 7:30 p.m. , at the Village Hall , with the following Councilmen present: Mayor Henry A. Everett Donald W. McIntosh Ralph E. Bowen Herbert Spahn, Jr. Robert J. Lodge 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 Rev. Vern Worcester of the Miami Shores Christian Church, followed by the Pledge of Allegiance. Mayor Everett, on behalf of the Village Council , presented a plaque to Mrs. Sue Spear for her past service as Chairman of the Village Beautification Committee. Minutes of the regular meting of November 6, 1979 were approved as written by motion made by Mr. Bowen, seconded by Mr. McIntosh and carried. Minutes of the special meeting of November 13, 1979, were approved as written by motion made by Mr. Spahn, seconded by Mr. Lodge and passed. Planning Board minutes - Meeting of November 8, 1979. Item (2) - Public hearing for sidewalks on east side of N. E. 6th Ave. from 103rd to 107th Sts. The Board recommended that the Council pursue this project. Mr. McIntosh moved that the necessary resolution be drafted to the County Commission or other.appropriate authorities at the County to see that these sidewalks or bike paths are constructed immediately and if the County does not see fit to do it that the Village Council will do something about it based upon the input received by the 12/4/79 -2- Planning Board at their public hearing. The motion was seconded by Mr. Bowen and passed unanimously. Item (3) - Request by Mr. Ben Pumo to replace tile roof at 1500 N. E. 101st St. with cedar shakes shingles, denied by the Planning Board. Mr. Pumo and his attorney, A. J. Barranco, were present to appeal the Planning Board's decision. Mr. Barranco stated that they are asking for a hardship variance or exception to the ordinance. Architect Wahl Snyder and the roofing contractor Ed Merton, explained the desirability of this type of roof as to appearance and durability at great expense to the owner. Mr. Fann advised that this appears to be a request for a variance which must be on the basis of a hardship. Mr. Bowen pointed out that he understands the roofing ordinance is currently being reviewed and he hoped that the Planning Board will take into account progress (in roofing construction) , that there are other types of good roofs to be considered and that we are . restricting our residents unduly by requiring cement tile roofs. Mr. Stobs was called upon to explain or defend the action of the Planning Board with regard to the roofing ordinance. Mr. Stobs stated that the Board had reviewed all types of roofs and other ordinances before writing this ordinance. He added that the Board is going to review the flat roof percentage, not roofing materials. After further discussion Mr. McIntosh moved that the request of Mr. Pumo be approved, that the denial be overruled by this Council , and that permission be granted for the Cedar Shakes . The motion was seconded by Mr. Lodge and passed 3/2 with Mr. Spahn and Mayor Everett dissenting. By Village Code a 4/5 vote is required to reverse the action of the Planning Board. Therefore, the motion to 12/4/79 -3- overrule the Board was void. It was Mr Spahn''s request thAt' the Planning Board review this issue. Item (4) - Construction of trellis on front of home at 938 N. E. 96th St. by Dr. and Mrs. Stewart Wald, - approved by Board as a variance. Planning Board Chairman Robert Stobs explained that the only definition of a trellis in the Zoning Ordinance refers to an accessory building in the rear yard, that this trellis does not encroach in the front setback and should be considered as part of the house. Mr. Bowen moved that the Council accept the recommendation of the Planning Board. The motion was seconded by Mr. Lodge but failed to carry on a 2/3 vote with Messrs Spahn, McIntosh and Mayor Everett dissenting. A discussion followed as to whether or not this should be considered as a variance. Mr. Stabs stated that in rewriting the zoning ordinance this type of trellis will be included. It was Mr. McIntosh's opinion that there is no need for a variance in this case and that the man should be allowed to proceed. Mr. Fann agreed that if the Planning Board determines the nature of the structure it can then be determined whether or not it would be considered a variance. A valid vote to reverse the Planning Board was not made. Planning Board minutes - Meeting of November 28, 1979. Item (2) - Approval of final plat on Dunning's Waterway Subdivision, granted by Planning Board. Councilman McIntosh left the room prior to this review. Upon motion made by Mr. Bowen and seconded by Mr. Spahn the resolution to approve this plat was unanimously passed, same being entitled: RESOLUTION NO. 682-79 A RESOLUTION ARRROVI:NG THE REPLAT OF REVISED PLAT OF LOT 15, BLOCK 1 OF REPLAT OF TRACT "A" OF 12/4/79 -4- MIAMI SHORES BAY PARK ESTATES AS RECORDED IN PLAT BOOK 62 PAGE 13 AND LOTS 13, 14, 16 AND A PORTION OF LOT 12, BLOCK 1 OF REPLAT OF TRACT "A" OF MIAMI SHORES BAY PARK ESTATES AS RECORDED IN PLAT BOOK 56 PAGE 86, PUBLIC RECORDS OF DADE COUNTY FLORIDA, TO BE KNOWN AS DUNNING'S WATERWAY. Resolution on complimentary memberships to the Country Club. Following the reading of this resolution which restated and combined all previously approved complimentary memberships with limitations, Mr. Bowen moved that it be adopted. The motion was seconded by Mr. Spahn and the resolution was passed by a 4/1 vote with Mr. McIntosh dissenting. Said resolution is entitled: RESOLUTION NO. 683-79 A RESOLUTION ESTABLISHING USAGE OF VILLAGE FACILITIES BY ELECTED AND APPOINTED OFFICIALS OF MIAMI SHORES VILLAGE, AND REPEALING RESOLU- TIONS NO. 619, NO. 634-77, NO. 647-77 AND NO. 659-78. Resolution on winter season and green fees at Country Club. Upon recommendation of the Village Manager and the Golf Pro a resolution had been written changing the winter season from December 1st back to November 1st, with an increase of green fees to $12.00 on weekdays and $16.00 on weekends and holidays. This resolution was unanimously approved by motion made by Mr. Bowen and seconded by Mr. McIntosh, the same is entitled: RESOLUTION NO. 684-79 A RESOLUTION AMENDING RESOLUTION NO. 655-78 RE-ESTABLISHING MIAMI SHORES COUNTRY CLUB ANNUAL MEMBERSHIP FEES, DAILY GOLF AND TENNIS FEES, DEFINING MEMBERSHIPS AND REGULATING GOLF PLAY. Bid recommendation on seawall . Mr. Ackley recommended that the low bid of PNEUMATIC CONCRETE, INC. of Birmingham, Alabama, in the amount of $25,900.00 be accepted based on a similar job they recently completed in North Miami . Since the money is not 12/4/79 -5- in the budget Mr. Ackley recommended that it be charged to the Capital Improve- ment Fund. Mr. Bowen moved that the bid of Pneumatic Concrete be accepted. The motion was seconded by Mr. Spahn and passed unanimously. Bid recommendation on Rotary Mower. Mr. Ackley recommended that the bids be rejected as the Golf Course Superintendent did not believe the units bid would do a satisfactory job. The specifications will be rewritten to call for a different engine. Mr. McIntosh moved that the Manager's recommendation to rejects the bids be approved. The motion was seconded by Mr. Spahn and passed unanimously. Bid recommendation on Country Club roof, air conditioning & repairs. Mr. Ackley recommended the bid of Frank J. Moran, Inc. in the amount of $217,342.00 for the club house work and $23,000.00 for the Community Center roof, and accepting Skip Soule& Son's bid on the Pro Shop roof in the amount of $5,040.00. Mr. McIntosh moved that this item be tabled until the subject of financing is discussed. The motion was seconded by Mr. Spahn and passed unanimously. Financing Country Club roof, air conditioning & repairs. Mr. Ackley reported on his negotiations with First State Bank of Miami , that they have decided the additional funds over their commitment of September 17, 1979, will have to be considered as a new loan. Mr. McIntosh suggested a special meeting to review financing when the details are confirmed. He then moved to remove from the table the Country Club roof item. The motion was seconded by Mr. Spahn and passed unanimously. Mr. Bowen moved that the bid be awarded to Frank J. Moran for the Country Club and Community Center and to Skip Soule for the Pro Shop. This motion died for lack of a second. Mr. Spahn moved that the Council accept the bid of Frank J. Moran 12/4/79 -6- for the Club House, Pro Shop and Community Center in the amount of $245,939.00. This motion was seconded by Mr. Lodge and passed unanimously. Mr. Ackley added that the $23,000.00 for the Community Center roof is a budgeted item. Concerning the financing, the Village Manager will ask for a special meeting when the proposal is made. Revised Country Club budget expenditures. Mr. Ackley explained how this budget was prepared with new figures on ' estimated revenue with corresponding reduction in expenses amounting to approximately $43,000.00, and recommended its adoption. Mr. Spahn moved that the Council accept the Village Manager's recommendation on the revised Country Club budget. The motion was seconded by Mr. Bowen and passed unanimously. Upon questioning Mr. Fann advised that the budget ordinance need not be amended to reduce expenditures. Village Manager's report: (a) Reserve Police Officers - Mr. Ackley reviewed this program as to insurance requirements and qualifications. (b) Budget transfer on kitchen employee at Country Club. Mr. McIntosh moved approval of the money requested to establish a new job classification, in the amount of $700.00. The motion was seconded by Mr. Spahn and passed unanimously. (c) Waste billing for 1980 - delayed until February to get them on the computer. (d) Parking meters - reported that the only meter that meets require- ments is made by Duncan. We can negotiate with them or put it out to bid, Mr. Bowen moved we go to bid.. The motion was seconded by Mr. McIntosh and passed unanimously. (e) F.P.L. franchise - reported that the proposed agreement is excellent and will be on the next agenda for first reading, (f) Beautification Committee - reported Mrs. Betty Jensen has been elected new Chairman. Copy of her goals and objectives for the coming year have been given the Council . (g) Community Center - breakdown of estimated cost of evening programs prepared at request of Mr. Spahn. (h) New Pool Manager - Miss Barbara Georgius, hired as of 12/1/79. 12/4/79 -7- (i) Civil Defense - Mr. Ackley requested a work shop to define limits of participation. Council agreed to hold this work shop at 7:00 p.m. , January 8, 1980, prior to a special Council meeting to be held on that date. Council comments or reports. (a) Mr. Bowen reviewed the background and studies made by the Dade League of Cities on. the proposal to elect County Commissioners from districts and moved that the resolution in support of asking for a Charter amendment election to accomplish this,be approved. The motion was seconded by Mr. McIntosh and passed unanimously, said resolution being: RESOLUTION NO. 685-79 A RESOLUTION IN SUPPORT- OF A COUNTY CHARTER AMENDMENT TO PROVIDE FOR DISTRICT ELECTIONS OF COMMISSIONERS BY THE ELECTORATE WITHIN HIS/HER DISTRICT. Mr. Bowen also gave a report of his attendance at the Florida League of Cities Conference held in Kissimmee Sept. 27, 1979. (b) Mr. Lodge proposed that the Country Club Administrative Board as provided in the Code be established as the present Advisory Board, to formally recognize the Advisory Board. Mr. Spahn stated he would like to see if the present Board under its re-organization is a workable system, that he didn't think this was the time to make a change. Mr. Spahn further suggested that the Country Club newsletter print when the Advisory Board meets and what they are doing. Mr. Bowen added that he felt the membership should have a strong voice in the Country Club, and that lacking consideration of their desires and needs will reduce participation and use of the Club. The meeting adjourned at 10:05 p.m. Village Clerk APP . M