03-04-1980 Regular Meeting REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
March 4, 1980
The regular meeting of the Miami Shores Village Council was held
on March 4, 1980, 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
Absent: None
Mr. 0. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr. ,
Village Attorney, were also present, as well as 4pproxir4tely 70 residents
and interested parties.
The meeting was opened with an invocation given by Rev. John
McLaughlin of St. Martha's Catholic Church.
Minutes of the meeting of February 19, 1980, were approved as
written by motion made by Mr. Lodge, seconded by Mr. McIntosh and passed
unanimously.
Planning Board•
(a) Appeal of the Archdiocese of Miami for permit to build a
church and pastoral center - Following a denial by the Planning
Board for permit to build a church and pastoral center on the property
lying on the east side of Biscayne Boulevard between 93rd and 95th
Streets, an appeal was filed by Attorney Joseph Fitzgerald, for
a re-hearing on the application.
Mr. Fitzgerald outlined the plans for development of the 3.7 acre tract,
and presented arguments in support of the use under the residential
zoning. Architectural renderings of the development were reviewed and
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explained by Mr. Brown of the architectural firm of Brown, Lopez &
Lopez.
Prior to opening the floor for discussion, Mayor Everett permitted
a resolution written by the Chamber of Commerce, to be read and
entered into the records, unanimously supporting the proposal made
by the Archdiocese.
At this point, those in opposition were given an opportunity to speak;
Mr. Richard Peterson, 9342 N. E. 9th Ave. , complained about the parking
lot, the office uses and the whole development as well as the way i't
was presented.
Mr. Larry Hull , 9350 N. E. 9th Ave. , thought it was an office building
and that it was not a proper use of the land, and would probably
decrease the value of his property.
Mrs. Josephine Paris, 9406 N. E. 9th Ave. , did not approve of the
office buildings.
Mr. Joseph St. Thomas, 1041 N. E. 94th St. , asked about the legal
boundaries of St. Martha's parish, which was answered by Father
McLaughlin.
Mrs. D. Singer, Director of the. Northeast Development Assoc. ,
was in support of the plan as an improvement to Biscayne Boulevard.
Mr. Martin Greene, 253 N. E. 99th, spoke in favor of the development,
and endorsed the pastoral center and church.
Mr. Bob Longman, 913 N. E. 95th St. , spoke in favor the project.
Mr. Mike Khoury spoke about the influence of a church on the
neighborhood.
Mr. Jim Hayes, 899 N. E. 92nd St. , spoke in favor of the church and
stated both he and his neighbors were looking forward to it.
In the discussion that followed the Village Attorney stated it is a
question of whether or not this is a church or offices.
Mr. McIntosh moved--that the action of the Planning & Zoning Board
be sustained. The motion was seconded by Mr, Lodge,
Mr. McIntosh stated he based this action on the fact that there is
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an 18 to 23% parish use vs. 82 to 77% business use.
Mr. Bowen stated that he personally felt this structure would be an
asset to the community and at large.
Mr. Spahn felt there was a narrow separation between (the classification)
school and offices.
Mr. Lodge stated that he had misunderstood the motion and wished to
withdraw his second. He then moved to reverse the decision of the Planning &
Zoning Board and permit the Archdiocese of Miami to construct this church.
The motion was seconded by Mr. Bowen. An amendment was offered by Mr. McIntosh
that all necessary governmental regulations be complied with in construction
of this facility. Mr. Lodge felt this was the architect's responsibility
but added that the church comply with all building and zoning requirements.
After further discussion from the floor and a summation by Attorney
Joseph Fitzgerald, the vote was called and passed 4/1 with Mr. McIntosh dissenting.
(b) Planning Board minutes of February 28, 1980 - Board approved
the minimum housing standards ordinance which will be on the next
Council agenda.
Petition from Barry College for reduction of sanitation bill .
Mr. Tim Czerniec, Vice President for Business Affairs at Barry College,
reviewed their request for consideration of the 1980 sanitation bill which was
- increased 92%. In addition,-to this increase the F.P..&L. bill has been increased.-
82% with the increase in utility tax. He suggested some consideration be made
during the summer months when the students are not in residence. Mr. Spahn
asked for a comparison of rates on: Tropical Chevrolet, Dog Track, Cafeteria,
Publix and Barry, which indicated varying rates with: some not yet dete.rmi.ned.
Mr, McIntosh asked for amounts paid by the churches, and he moved that no action
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be taken on this request until the next meeting. This motion was not seconded
and in the discussion Mr. Bowen asked about the service at the 9999 Building
where the Village furnishes- the container. It was Mr. Spahn's opinion that
the Village Manager should handle this service on the basis of usage. Mr.
Ackley was requested to make a recommendation at the next meeting.
Bid recommendations:
(a) Electrical work for security at Country Club. 61,
The low bid of Frank Moran in the amount of $1880.00 was recommended
and inasmuch as it is not a budgeted item, Mr. Ackley recommended
that it be charged to the budget for the new roof, air conditioning,
etc. and be handled as part of that project. Mr. Lodge moved that
the bid of Frank Moran in the amount of $1880.00 be accepted and
added that he would like to have the south parking lot added to
this work. Mr. Ackley explained that the bid only included the north
lot. The motion was seconded by Mr. Spahn and passed unanimously.
Mr. Spahn moved that we follow the Village Manager's recommendation
and take $1880.00 from excess money that was borrowed in excess of
the capital needed for the Country Club removation to cover capital
contingencies at the Club. The motion was seconded by Mr. Lodge
and passed unanimously. The Village Manager will report on security
lighting for the south parking lot.
(b) Tractor for Recreation Dept.
The recommendation was for the low bid of Medco International in the
amount of $3,890.00. Mr. McIntosh moved that this be removed from
the table. The motion was seconded by Mr. Spahn and passed unanimously.
Acceptance of this bid had been delayed for more information on fuel
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consumption which had been re-submitted by Hal Petrey. ✓`
Mr. McIntosh moved that the bid of the Medco Company in the amount
of $3890.00 be accepted, as recommended by the Manager. The motion
was seconded by Mr. Bowen and passed unanimously.
Resolution approving final plat of VAZQUEZ SUBDIVISION.
Mr,. McIntosh left the room during consideration of this business.
The resolution 4.ppnQvng this new plat was read and approved by motion made
by Mr. Bowen, seconded by Mr. Spahn and passed by four affirmative votes,
said resolution being:
RESOLUTION NO. 692-80
A RESOLUTION APPROVING THE REPLAT OF LOTS
10,11, 12, 13, and 14, Block 35, Miami
Shores Section One, as recorded in Plat
Book 10 at Page 70 of the Public Records of
Dade County, Florida.
Resolution on train whistles..
Mr. Ackley reported a conversation with the FEC wherein they stated
that certain blasts are required at each crossing and he stated that any .action
by the Council to limit the warning blasts should be directed to the F.E.C.
as well as the Federal government and the State of Florida. Mr. Bowen stated
he would like a resolution addressed to the State level to make it a violation
of law to blow whistles at certain hours, if the crossing is regulated by other
equipment. Mr. Bowen offered to contact the Dade League's attorney for a copy
of the specific bill that is being proposed and then if we agree to it we can
prepare a resolution in support of this bill . The Council agreed to follow this
course.
International Systems, Inc. proposal .
A proposal for assistance in securing Federal grants was presented
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by this company. No action was taken by the Council .
Village Manager's report.
(a) Budget transfers - Mr. Ackley explained a budget transfer
in the pool budget from Heater Maintenance account to
Window replacement, pool safety office. This was approved
by motion made by Mr. McIntosh, seconded by Mr. Spahn
and passed for four affirmative votes. Mr. Bowen had left
the meeting prior to this item.
(b) Village physician - Mr. Ackley advised that, unless Council
assumed authority, he would appoint Dr. Gunion as Village
physician for the purpose of employee physicals and Workmen's
Compensation cases.
(c) Country Club construction - Mr. Ackley explained that the cost
of the contractor's bond was not included in the contract price
and asked for a motion to approve the bond payment of $2951.00
for Frank J. Moran. This was approved by motion made by
Mr. Mcintosh, seconded by Mr. Spahn and passed by four
affirmative votes.
Mr. Zavitz reported that the main dining room will be closed
during the month of March, that the main ballroom 3/5 section
will be closed 3 weeks in April . The 2/5 section will be
closed approximately 3 weeks during the latter part of April
and May. The cocktail lounge will be closed during the month
of May up until conclusion of the work in June.
Mr. Ackley reported on an emergency replacement air conditioning
unit that was bought in the amount of $1400.00, which was
approved by motion made by Mr. Spahn, seconded by Mr. McIntosh
and passed.
Mr. Ackley reported on the tar pot fire at the Club and stated
that the contractor would be liable for any smoke damage.
(d) Personnel turnover - reviewed recent employee losses.
(e) Storer Cable TV - hookups to be made soon.
(f) Auto inspection station lease - have requested two appraisals
as provided by law.
(g) Mrs. E. M. Hoffman's complaint - handled.
(h) Fred Vann's recognition - congratulations extended for recognition
by the P.G.A
(i) Work Shop - on Country Club change to Thursday, March 20th,
because of conflict with Member/Guest tournament.
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Councilman Spahn asked for a progress report-on MICA. Mr.
Ackley stated they are working the program involving return of FICA taxes.
Councilman McIntosh suggested that the Manager send out bids on
security lighting for the remainder of the parking lot at the Country Club.
The meeting adjourned at 10:40 p.m.
7�
Village Clerk
APP .
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