03-18-1980 Regular Meeting REGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
March 18, 1980
The regular meeting of the Miami Shores Village Council was held
on March 18, 1980, 7:30 p.m. , at the Village Hall , following a work shop,
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.
The meeting was opened with an invocation given by Mr. Michael Khoury,
followed by the plddge of allegiance.
Minutes of the meeting of March 4, 1980, were approved as written
by motion made by Mr. Bowen, seconded by Mr, Lodge and passed unanimously.
Planning Board minutes - March 13, 1980. �-
(a) A variance was approved by the Board for permit to build on Lot ''A'',
Weeks Subdivision, as platted, with less than the required sq. ft. ,
as requested by the owners, Mr. & Mrs. Daniel Gardner. Mr. Bowen
moved that the Council uphold the action of the Planning Board. The
motion was seconded by Mr. Spahn and passed unanimously.
(b) A request by Mr. Lawrence K. Hull , 9350 N. E. 9th Ave. , for a flat
roof addition in excess of the permitted area was denied by the
Planning Board. Mr. Hull filed a letter asking for an appeal before
the Village Council . Mr. Hull contended that the approval of the
church and pastoral center on the property abutting his read yard
would change the zoned use and should be considered as the basis
for his appeal . Mr. Bowen moved that the Council accept the request
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for variance and that it be granted in this instance. The motion
was seconded by Mr. McIntosh but failed to carry on a 2/3 vote_
with Councilmen Lodge and Spahn and Mayor Everett dissenting.
PUBLIC HEARING:
(a) Ordinance on Minimum Housing Standards - Mr. Bowen stated he
felt it was an unenforceable ordinance in reference to the right to enter
private property. Attorney Arnold M. Straus, Jr. , filed an objection on
behalf of Oscar A. Jose, Jr. (546 N. E. 92nd St. ) , in that the ordinance, he
stated, in several sections, appears "to be in direct contravention and
violation of both the United States Constitution and the State of Florida
Constitution". Mayor Everett asked that a work shop be called for further
discussion. Mr. McIntosh moved to table this item until a work shop and
that it be properly advertised in the future for consideration by Council .
The motion was seconded by Mr. Bowen and passed unanimously.
The work shop for the Minimum Housing Standards was set for
April 1st at 6:00 p.m. , prior to the regular Council meeting.
(b) Ordinance amending the ordinance on flat roof additions.
This ordinance proposes to increase the allowance for a flat roof
addition to 300 sq. ft. , or 15% of the total roof area. After discussion
Mr. Lodge moved that the ordinance be approved on first reading. The motion
was seconded by Mr. Spahn and passed 3/2 with Mr. McIntosh and Mr. Bowen
dissenting.
Police protection - discussion requested by Councilmen Lodge and Bowen.
A report had been submitted by the Village Manager concerning
vacancies on the force, the recruiting of police officers, as well as, steps
being taken to provide maximum protection with the present force. Mr. Lodge
asked what the problems were in recnunt°ing personnel as he did not think
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overtime was the best way to fill vacancies. Members of the Merchants
Association were present to ask for better police protection on N. E. 2nd Ave. ,
and the Chamber of Commerce added the need for more protection at Publix.
Mr. McIntosh brought up problems encountered with 24 hour operation of stores/
restaurants, and he stated he would like to see the Council give serious
consideration to this item. Auxiliary police cannot be implemented until after
the police training class starts in September.
f
Appraisals on Inspection Station rental .
Mr. Ackley reported that he had received two appraisals on the Inspection
Station for rental purposes and based on these appraisals he would ask the
County for an annual rental of $11,500.00.
Coopers & Lybrand fee for 1980.
Mr. Ackley reported that the fee with Coopers & Lybrand for 1980 had
been worked out on an hourly basis with some supervision by our Finance Director,
with a view to reducing the time required for the audit.
Country Club rosters, per Councilman Spahn.
Mr. Ackley stated this has been handled.
Train whistles.
A letter had been received from the Mayor of Miami Springs advising that
the problem of noise pollution from trains is being brought before the Metro
Commission. Mr. Bowen felt there should be a law that prohibits blowing during
certain hours, if there are crossing guards. Mr. Ackley was asked to find out
what the FEC policy is on blowing at crossings and what happened at the Commission
meeting.
Clean-up month.
The Beautification Committee has recommended that April be designated as
"Spring Cleaning Month". Mr. Ackley reported, in addition, the Village will
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pick up anything free of charge, if it is less than 17 cu. yds. A proclama-
tion will be drawn up. Some of the merchants present asked for better clean-up
of N. E. 2nd Avenue, especially near the theatre and cafeteria.
Village Manager's report.
(a) Country Club memberships - increase in memberships in February.
(b) Food & Beveral report dated 2/29/80 - indicates revenue down
for the year.
(c) Letter from FP&L - reporting that the street lights on N. E.
4th Ave. Rd. have been upgraded, per Council instruction.
(d) Budget transfers - Country Club tennis courts. Tennis Association,
Pro and Club Manager recommended transfering $2,150.00 within
the courts budget to make improvements and purchases as
itemized in memo from Tennis Club officers, dated 2/27/80.
These transfers were approved as requested by motion made by
Mr. Spahn, seconded by Mr. McIntosh and passed unanimously.
(e) Village Manager's pension contribution —requested that he be
allowed to withdraw from the Pension Plan and that contri-
butions made by the Village be put into the ICMA Retirement
plan. Mr. McIntosh moved that the Manager go before the Pension
Board and have them make a recommendation to Council . The
motion was seconded by Mr. Bowen and passed unanimously.
(f) Police report - discussed.
(g) Country Club construction - Mr. Ackley reported that electrical
work in the Shores Room had to be reworked and the speaker
system had to be replaced, and has authorized the contractor
to do this work at a cost not to exceed $3600.00, for which he
asked Council approval . Upon motion made by Mr. Lodge, seconded
by Mr. Bowen and passed, this expenditure was authorized with
the money to be taken from loan surplus.
(h) Budget reports - presented report for month ending February,
as well as food and beverage cost reports.
Mr. Ackley announced that a work shop would be held on Thursday,
March 20, 1980, 7:00 p.m. at the Country Club.
Council .
Mr. Lodge asked if bids had been received on lighting the south
parking lot at the Country Club, and since they had not, he asked for a report
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at the next meeting on the club parking lot as well as security at Publix
parking lot.
Mr. McIntosh discussed a proposed plan for additional lighting across
from the Community Center in the Presbyterian Church parking lot and suggested
checking the type of lighting used by the Presbyterian Church south of 96th
Street. Mr. Ackley reported that he was meeting with Mr. Petrey and a
representative of the church to make plans for this lighting.
Mr. Bowen discussed Mr. Ackley's letter on tax exempt accounts
granted by the Telephone Company.
Tax problems in the upcoming budget were discussed along with a
suggested referendum for increasing taxes and setting up tax districts, a
report on which was requested for the meeting of April 1, 1980.
Mr. Bowen reported on hearing the Tax Appraiser speak and suggested
that he be invited to speak before the Council .
The meeting adjourned at 9:30 p.m.
"Village Clerk
APPROVED:
M r